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