BILL ANALYSIS Ó AB 2623 Page 1 Date of Hearing: May 7, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2623 (Pan) - As Amended: April 28, 2014 Policy Committee: Public SafetyVote: 7-0 Aging and Long Term Care 7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill requires peace officers who respond to elder or dependent adult abuse reports to, in addition to the currently required elder and dependent adult abuse training, complete an updated course of instruction on elder and dependent adult abuse every two years. This bill also: 1)Requires local law enforcement agencies to provide all patrol officers a "Victims of Elder or Dependent Adult Abuse" card that summarizes peace officer training related to elder and dependent adult abuse, including the definition of elder and dependent adult abuse. In addition, the card must include the phone number of local adult protective services, the phone number of the local long-term ombudsman, and, if available, a phone number for other services that provide assistance, and a statement to inform the victim of the right to petition the court for an emergency protective order. 2)Expands the existing Commission on Peace Officer Standards and Training (POST) certified training course on elder and dependent abuse, to include legal rights and remedies available to victims of elder or dependent adult abuse, including emergency protective orders and the option to request a simultaneous move-out order and a temporary restraining order. FISCAL EFFECT 1)Special fund (Peace Officer Training Fund) costs in the range of $125,000 to develop a new training module, presumably via AB 2623 Page 2 telecourse, to update elder and dependent adult abuse training biennially. If the training is developed as an online course, to allow officers and departments more flexibility in terms of training time, costs would be in the range of $350,000. 2)Special fund (POTF) costs in the range of $100,000 to expand the current elder and dependent adult abuse training module if done as a telecourse. If developed as an online course, costs would be about twice as much. 3)Significant reimbursable mandated local law enforcement costs (likely GF), likely in the range of $1.5 million, to provide updated elder and dependent adult abuse training every two years to all police and sheriff patrol officers. Assuming this training requires about 60,000 police officers and deputy sheriffs to dedicate 60 minutes to additional training every two years, annual statewide reimbursable costs would be in the range of $1.5 million. Some departments would absorb the costs and require officers to complete the training on their own time, others would likely file a mandate claim. 4)Minor, potentially state reimbursable local costs to develop an elder and dependent adult abuse card. COMMENTS 1)Rationale . The author contends the aging of the population requires increased elder and dependent adult abuse training and awareness. 2)Current law requires every city police officer or deputy sheriff who is assigned field or investigative duties to complete a POST-certified elder and dependent abuse training course within 18 months of assignment. Course completion may be satisfied by telecourse, video training tape, or other instruction. The training shall include all of the following: a) Recognition of elder and dependent adult abuse and neglect b) Reporting requirements and procedures c) Physical and psychological abuse of elder and dependent adults d) The role of the local adult protective services public guardian offices. AB 2623 Page 3 3)Adding training has significant fiscal and officer-power costs . Adding additional training requirements can take officers off the street. The Legislature must balance carefully the fiscal and personnel costs of adding training requirements. 4)Should a POST feasibility study be required before additional training is proposed ? Statute currently requires a feasibility study by POST before considering changes to peace officer status. This statute was adopted in 1989 to respond to numerous requests for upgrades to peace officer status from various entities that were creating somewhat of a status competition between the many peace officer designations. A POST feasibility study regarding new, expanded or restructured peace officer training would provide the Legislature the information necessary to make dispassionate, informed and contextual decisions regarding peace officer training. 5)Current POST basic training requirements include a minimum of 664 hours of academy training, though the average length of the 39 POST-certified academies is closer to 1,000 hours. Currently, POST requires officers to complete 24 hours of professional training (CPT) every 24-months. On average, however, according to POST, officers actually complete about 40-hours of annual training based on POST-identified needs and legislative mandates. Special POST-certified training includes: civil disobedience, developmentally disabled persons, autistic spectrum disorders, traumatic brain injury, post-traumatic stress disorder, high tech crimes, sexual assault, child abuse and neglect, maritime operations, domestic violence, stalking, missing persons, sudden infant death syndrome, cultural diversity, hate crimes, homeless persons, sexual harassment, reproductive rights, and gangs and drugs. 6)Is there data or information to support increasing training for elder abuse, rather than any of myriad possibilities ? 7)It is not clear why a card presented to an elder suffering abuse, presumably to provide references to related services, should contain definitions and information on a peace officer's training. AB 2623 Page 4 Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081