Amended in Senate May 14, 2013

Amended in Senate April 22, 2013

Amended in Senate April 11, 2013

Senate BillNo. 651


Introduced by Senators Pavley and Leno

(Coauthors: Senators Block, De León, DeSaulnier, Lieu, and Yee)

(Coauthors: Assembly Members Ammiano, Bloom, Blumenfield, Brown, Chesbro, Fox, Frazier, Garcia, Quirk-Silva, Rendon, Ting, and Williams)

February 22, 2013


An act to add Section 1424.6 to the Health and Safety Code, and to amend Section 4427.5 of, and to add Sections 4313.5 and 4427.7 to, the Welfare and Institutions Code, relating to health and human services.

LEGISLATIVE COUNSEL’S DIGEST

SB 651, as amended, Pavley. Developmental centers and state hospitals.

Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of the state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals.

This bill would require designated investigators of developmental centers and state hospitals to authorize a sexual assault forensic medical examination for any resident of a developmental center or any resident of a state hospital, as applicable, who is a victim or suspected victim of sexual assault, as defined, performed at an appropriate facility off the grounds of the developmental center or state hospital in accordance with specified provisions.begin insert The bill would authorize a sexual assault forensic medical examination to be performed at a developmental center or a state hospital by an independent sexual assault forensic examinerend insertbegin insert designated to perform examinations of victims of sexual assault in the jurisdiction of the developmental center or state hospital only under specified circumstances.end insert

Existing law requires a developmental center to immediately report specified incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. Existing law provides for the licensure and regulation of health facilities, including long-term care facilities, as defined, by the State Department of Public Health. Existing law provides for a citation system for the imposition of civil penalties against long-term care facilities, including penalties specifically applicable to certain skilled nursing facilities and intermediate care facilities, in violation of applicable laws and regulations.

This bill would deem a developmental center’s failure to report to local law enforcement a class B violation, as specified, and subject to the penalties applicable to those certain skilled nursing and intermediate care facilities, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1424.6 is added to the Health and Safety
2Code
, to read:

3

1424.6.  

Failure by a developmental center to report incidents
4as required under subdivision (a) of Section 4427.5 of the Welfare
5and Institutions Code shall be deemed a class B violation and shall
6be subject to the penalties specified in Section 1424.5.

7

SEC. 2.  

Section 4313.5 is added to the Welfare and Institutions
8Code
, to read:

9

4313.5.  

begin insert(a)end insertbegin insertend insert Designated investigators of state hospitals shall
10authorize a sexual assault forensic medical examination for any
11resident of a state hospital who is a victim or suspected victim of
12sexual assault, as defined in Section 15610.63, performed at an
13appropriate facility off the grounds of a state hospital in accordance
14with Sections 13823.5 to 13823.12, inclusive, of the Penal Code,
15which includes, but is not limited to, the requirement that the law
P3    1enforcement agency having jurisdiction over the city or county in
2which the state hospital is located be notified by the person
3performing the sexual assault forensic medical examination as
4required by subdivision (a) of Section 13823.11 of the Penal Code.

begin insert

5(b) The sexual assault forensic medical examination described
6in subdivision (a) may be performed at a state hospital by an
7independent sexual assault forensic examiner designated to
8perform examinations of victims of sexual assault in the jurisdiction
9of the state hospital only if it is deemed safer for the victim and
10the state hospital’s examination facilities are equipped with
11forensic examination and evidence collection capability
12comparable to that of the designated community examination
13facility, as determined by the independent sexual assault forensic
14examiner.

end insert
15

SEC. 3.  

Section 4427.5 of the Welfare and Institutions Code
16 is amended to read:

17

4427.5.  

(a) (1) A developmental center shall immediately
18report the following incidents involving a resident to the local law
19enforcement agency having jurisdiction over the city or county in
20which the developmental center is located, regardless of whether
21the Office of Protective Services has investigated the facts and
22circumstances relating to the incident:

23(A) A death.

24(B) A sexual assault, as defined in Section 15610.63.

25(C) An assault with a deadly weapon, as described in Section
26245 of the Penal Code, by a nonresident of the developmental
27center.

28(D) An assault with force likely to produce great bodily injury,
29as described in Section 245 of the Penal Code.

30(E) An injury to the genitals when the cause of the injury is
31undetermined.

32(F) A broken bone, when the cause of the break is undetermined.

33(2) If the incident is reported to the law enforcement agency by
34telephone, a written report of the incident shall also be submitted
35to the agency, within two working days.

36(3) The reporting requirements of this subdivision are in addition
37to, and do not substitute for, the reporting requirements of
38mandated reporters, and any other reporting and investigative
39duties of the developmental center and the department as required
40by law.

P4    1(4) Nothing in this subdivision shall be interpreted to prevent
2the developmental center from reporting any other criminal act
3constituting a danger to the health or safety of the residents of the
4developmental center to the local law enforcement agency.

5(b) (1) The department shall report to the agency described in
6subdivision (i) of Section 4900 any of the following incidents
7involving a resident of a developmental center:

8(A) Any unexpected or suspicious death, regardless of whether
9the cause is immediately known.

10(B) Any allegation of sexual assault, as defined in Section
1115610.63, in which the alleged perpetrator is a developmental
12center or department employee or contractor.

13(C) Any report made to the local law enforcement agency in
14the jurisdiction in which the facility is located that involves
15physical abuse, as defined in Section 15610.63, in which a staff
16member is implicated.

17(2) A report pursuant to this subdivision shall be made no later
18than the close of the first business day following the discovery of
19the reportable incident.

20(c) The department shall do both of the following:

21(1) Annually provide written information to every developmental
22center employee regarding all of the following:

23(A) The statutory and departmental requirements for mandatory
24reporting of suspected or known abuse.

25(B) The rights and protections afforded to individuals’ reporting
26of suspected or known abuse.

27(C) The penalties for failure to report suspected or known abuse.

28(D) The telephone numbers for reporting suspected or known
29abuse or neglect to designated investigators of the department and
30to local law enforcement agencies.

31(2) On or before August 1, 2001, in consultation with employee
32organizations, advocates, consumers, and family members, develop
33a poster that encourages staff, residents, and visitors to report
34suspected or known abuse and provides information on how to
35make these reports.

36(d) A failure to report under subdivision (a) shall be deemed a
37class B violation as provided in Section 1424.6 of the Health and
38Safety Code.

39

SEC. 4.  

Section 4427.7 is added to the Welfare and Institutions
40Code
, to read:

P5    1

4427.7.  

begin insert(a)end insertbegin insertend insert Designated investigators of developmental centers
2shall authorize a sexual assault forensic medical examination for
3any resident of a developmental center who is a victim or suspected
4victim of sexual assault, as defined in Section 15610.63, performed
5at an appropriate facility off the grounds of the developmental
6center in accordance with Sections 13823.5 to 13823.12, inclusive,
7of the Penal Code, which includes, but is not limited to, the
8requirement that the law enforcement agency having jurisdiction
9over the city or county in which the developmental center is located
10be notified by the person performing the sexual assault forensic
11medical examination as required by subdivision (a) of Section
12 13823.11 of the Penal Code.

begin insert

13(b) The sexual assault forensic medical examination described
14in subdivision (a) may be performed at a developmental center by
15an independent sexual assault forensic examiner designated to
16perform examinations of victims of sexual assault in the jurisdiction
17of the developmental center only if it is deemed safer for the victim
18and the developmental center’s examination facilities are equipped
19with forensic examination and evidence collection capability
20comparable to that of the designated community examination
21facility, as determined by the independent sexual assault forensic
22examiner.

end insert


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