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