BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 651|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: SB 651
Author: Pavley (D) and Leno (D), et al.
Amended: 5/14/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE HEALTH COMMITTEE : 9-0, 5/1/13
AYES: Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Developmental centers and state hospitals
SOURCE : Disability Rights California
DIGEST : This bill requires designated investigators of state
developmental centers and state hospitals to authorize a sexual
assault forensic medical examination for any resident who is a
victim or suspected victim of sexual assault, as defined;
requires the medical examination to be performed at an
appropriate facility off the grounds of the state developmental
center or state hospital in accordance with specified
provisions; authorizes a sexual assault forensic medical
examination to be performed at a developmental center or a state
hospital by a designated, independent sexual assault forensic
examiner in the jurisdiction of the developmental center or
state hospital only under specified circumstances; and deems a
CONTINUED
SB 651
Page
2
developmental center's failure to report specified incidents to
local law enforcement a class B violation, as specified.
ANALYSIS :
Existing law:
1. Establishes the Department of Developmental Services (DDS)
and identifies the state's developmental centers as being
within its jurisdiction.
2. Establishes the Department of State Hospitals (DSH) and
identifies the state hospitals for the mentally disordered as
being within its jurisdiction.
3. Establishes an investigative force within each state
developmental center and state hospital for the purpose of
enforcing the rules and regulations of the facility,
preserving peace and order on the premises thereof, and
protecting and preserving the property of the state.
4. Requires a state developmental center to immediately report
specified incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or
county where the developmental center is located.
5. Establishes that the Department of Public Health, which
licenses and regulates health facilities, including long-term
care facilities, as specified.
6. Establishes a series of fines and penalties to be levied
against skilled nursing facilities and intermediate care
facilities for each citation, as specified.
7. Requires the California Emergency Management Agency, with
the assistance of an advisory committee, to establish a
protocol for the examination and treatment of victims of
sexual assault and attempted sexual assault and the
collection and preservation of evidence therefrom.
8. Requires that each county designate at least one general
acute care hospital to perform examinations on victims of
sexual assault.
CONTINUED
SB 651
Page
3
9. Requires that each county with a population of more than
100,000 arrange for professional personnel trained in the
examination of victims of sexual assault to be present or on
call either in the county hospital which provides emergency
medical services or in any general acute care hospital which
has contracted with the county to provide emergency medical
services.
This bill:
1.Requires that designated investigators at state developmental
centers and state hospitals authorize a sexual assault
forensic medical examination for any resident who is a victim
or suspected victim of sexual assault, as specified; and
requires the forensic medical examination to be performed at
an appropriate facility off the grounds of a state hospital.
2.The sexual assault forensic medical examination described in
#1 above may be performed at a state hospital by an
independent sexual assault forensic examiner designated to
perform examinations of victims of sexual assault in the
jurisdiction of the state hospital only if it is deemed safer
for the victim and the state hospital's examination facilities
are equipped with forensic examination and evidence collection
capability comparable to that of the designated community
examination facility, as determined by the independent sexual
assault forensic examiner.
3.Requires that the law enforcement agency having jurisdiction
over the city or county in which the state developmental
center or state hospital is located be notified, in accordance
with existing law, by the person performing the sexual assault
forensic medical examination.
4.Establishes that failure of a state developmental center to
report specified criminal incidents to local law enforcement
is a class B violation and subject up to a $2,000 penalty.
Background
State developmental centers . DDS currently operates four state
CONTINUED
SB 651
Page
4
developmental centers which care for approximately 1,800 people
with developmental disabilities. Housing within the units is
based on specific resident needs. Admission to state
developmental centers requires a court order and is based on a
formal determination that the developmental center is the most
appropriate residential setting available to ensure the
individual's health and safety.
A developmental disability is defined as a severe and chronic
disability that is attributable to a mental or physical
impairment that begins before age 18. These disabilities
include intellectual disabilities, cerebral palsy, autism,
epilepsy and other similar conditions.
State hospitals . The Department of State Hospitals (DSH)
oversees the operation of the following five state hospitals
that provide inpatient psychiatric care to more than 5,000
individuals committed to the hospitals civilly or in connection
with criminal proceedings.
Also under DSH and subject to the requirements of this bill, are
three Department of Corrections and Rehabilitation medical
facilities that have mental health units.
Sexual assault forensic exams . For the general population,
California law requires that a sexual assault victim be examined
by a forensic medical examiner that is required to document
findings, including the collection of evidence, by using a
series of standard state forensic medical report forms.
Examiners also are trained to adhere to specific protocols.
State law also requires each county to designate at least one
general acute hospital to perform examinations for sexual
assault victims. Counties with populations of 100,000 residents
or more are required to have a medical professional trained in
sexual assault examinations present or on call at all times in
the designated county emergency medical services hospital.
Counties with fewer than 100,000 residents may contract or
partner with a Sexual Assault Forensic Exam team in a nearby
county.
Prior Legislation
SB 1522 (Leno, Chapter 578, Statutes of 2012) requires state
CONTINUED
SB 651
Page
5
developmental centers to immediately report serious incidents of
abuse or criminal conduct to law enforcement and requires the
state developmental center to submit a written report of the
incident to the local law enforcement agency within two working
days of any telephone report to that agency.
SB 1051 (Liu, Chapter 660, Statutes of 2012) requires DSH and
state developmental centers to report suspected abuse to the
designated protection and advocacy agency.
AB 430 (Cardenas, Chapter 171, Statutes of 2001) mandates that
each developmental center immediately report all resident deaths
and serious injuries of unknown origin to the appropriate law
enforcement agency that may, at its discretion, conduct an
independent investigation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/15/13)
Disability Rights California (source)
Association of Regional Center Agencies
California Alliance for Retired Americans
California Association of Psychiatric Technicians
California Coalition Against Sexual Assault
California District Attorneys Association
California Statewide Law Enforcement Association
East Bay Developmental Disabilities Legislative Coalition
The Alliance - Supporting People with Intellectual and
Developmental Disabilities
The ARC and United Cerebral Palsy
ARGUMENTS IN SUPPORT : According to the author's office, this
bill is designed to address the lack of forensic evidence
collection for sexual assault victims and suspected sexual
assault victims in state developmental centers and state
hospitals.
Disability Rights California (DRC) writes that, people with
developmental and psychiatric disabilities are at much greater
risk for sexual assault than their non-disabled peers, and are
often repeatedly victimized. DRC maintains that this bill will
increase the collection of forensic evidence and victim
CONTINUED
SB 651
Page
6
statements to support criminal prosecution of sexual assaults in
facilities that serve people with disabilities.
The California Coalition Against Sexual Assault (CALCASA) writes
that, unlike sexual assault victims in the community, few, if
any, sexual assault victims who reside in state developmental
centers and state hospitals are sent for outside medical
forensic examinations. Instead, CALCASA maintains, they are
examined by doctors and nurses on duty at state developmental
centers and state hospitals. CALCASA claims these clinicians
lack the specialized training and equipment to conduct proper
examinations and collect evidence.
(JL:k):ej 5/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED