BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 2623 (Pan) - Peace officer standards and training. Amended: May 23, 2014 Policy Vote: Public Safety 7-0 Urgency: No Mandate: Yes Hearing Date: August 4, 2014 Consultant: Jolie Onodera This bill does not meet the criteria for referral to the Suspense File. Bill Summary: AB 2623 would: Expand the existing Commission on Peace Officer Standards and Training (POST) certified training course on elder and dependent adult abuse to include the legal rights and remedies available to victims of elder and dependent adult abuse, as specified. Require POST to consult with local adult protective services (APS) offices and the Office of the Statewide Long-Term Care (LTC) Ombudsman when creating new or updated training materials. Fiscal Impact: One-time costs to POST of about $50,000 (Special Fund*) to expand the current elder and dependent adult abuse training module to include the new subject matter. Likely minor, if any, increase in state-reimbursable costs (General Fund) to the extent adding the additional topic to the training course does not increase the time spent or cost for training to law enforcement, as the provisions of this bill do not require a new course, but just add a new topic to cover within the existing course. Minor, absorbable costs to POST, APS offices, and the LTC Ombudsman to consult with one another when creating new or updated training materials. *Peace Officers' Training Fund Background: Existing law requires that every city police officer or deputy sheriff at a supervisory level and below, who are assigned field or investigative duties, complete an elder and dependent adult abuse training course certified by POST within AB 2623 (Pan) Page 1 18 months of assignment to field duties. Completion of the course may be satisfied by telecourse, video training tape, or other instruction. The training is required to include, at a minimum, all of the following subjects: Relevant laws. Recognition of elder and dependent adult abuse. Reporting requirements and procedures. Neglect of elders and dependent adults. Fraud of elders and dependent adults. Physical abuse of elders and dependent adults. Psychological abuse of elders and dependent adults. The role of the local APS and public guardian offices. (PC § 13515(a)) Existing law requires POST to consult with the Bureau of Medi-Cal Fraud and Abuse, as well as other subject matter experts, on the production of new or updated training materials related to elder and dependent adult abuse training. (PC § 13515(b).) Proposed Law: This bill would expand the existing POST-certified training course on elder and dependent adult abuse to include the legal rights and remedies available to victims of elder and dependent adult abuse, including emergency protective orders and the option to request a simultaneous move-out order, and temporary restraining orders. This bill also requires POST to consult with not only the Bureau of Medi-Cal Fraud and Abuse, but also the local APS offices and the Office of the Statewide LTC Ombudsman when creating new or updated training materials. Staff Comments: POST would incur minor one-time costs of about $50,000 (Special Fund) to modify the elder and dependent adult abuse training module to include the new subject matter. It is estimated these costs would be absorbable. The Commission on State Mandates has previously determined the required training course on elder and dependent adult abuse that is imposed on peace officers as a reimbursable mandate (CSM 98-TC-12). The Commission determined that local agencies are mandated by the state through PC § 13515 to provide elder abuse training to police officers and deputy sheriffs assigned to field or investigative duties if the training occurs during the AB 2623 (Pan) Page 2 employee's regular working hours. As the provisions of this bill do not require a new course, but just add a new topic to the course, to the extent the training course itself does not increase in duration and/or costs to law enforcement, no increase to the level of state-reimbursable costs is estimated. Existing law requires POST to consult with the Bureau of Medi-Cal Fraud and Abuse, as well as other subject matter experts, during the development of new or updated training on elder and dependent adult abuse. As local APS offices and the Office of the State LTC Ombudsman are arguably "subject matter experts" in this area, this provision could be interpreted as a clarification of existing law. Any costs to these agencies to consult with POST are estimated to be minor and absorbable within existing resources.