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  








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            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.  









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           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
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             Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081