BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 663 (Lara) - Crimes: persons with developmental and
intellectual disabilities.
Amended: January 21, 2014 Policy Vote: Public Safety 6-0
Urgency: No Mandate: No
Hearing Date: January 23, 2014
Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: SB 663 would require the Commission on Peace
Officer Standards and Training (POST) to develop a course on the
steps to be taken in developing a training course regarding the
investigation of crimes involving individuals with developmental
disabilities. This bill would also provide that good cause for a
trial continuance includes the circumstance in which a
prosecutor is involved in a case in which the victim has a
developmental disability.
Fiscal Impact: (as amended on January 23, 2014):
One-time minor costs (Special Fund*) to POST to modify the
training course currently being developed for AB 602
(Yamada) to include the additional information specified in
this measure. (The Governor's Budget proposes a $6.6 million
expenditure reduction in 2014-15 to maintain solvency of the
Peace Officers' Training Fund.)
Potential minor delays and cost (General Fund**) to court
operations to comply with the additional calendaring
exception and continuance for good cause provisions of the
bill.
*Peace Officers' Training Fund
**Trial Court Trust Fund
Background: Existing law directs the Commission on Peace Officer
Standards and Training to establish minimum standards relating
to the training of law enforcement officers and establishes
standards that are specifically applicable in specific types of
cases, including domestic violence and the handling of persons
with developmental disabilities or mental illness.
AB 602 (Yamada) Chapter 673/2013 requires POST to develop, by
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July 1, 2015, a training course on investigations of abuse of
residents of state mental hospitals and developmental centers
and requires mandated reporters to report specified forms of
serious abuse of persons in state mental hospitals and
developmental centers to both local law enforcement and state
investigators immediately, as specified.
This bill would expand beyond the reach of the POST training
course required under AB 602 to all law enforcement agencies
statewide that are likely to handle abuse and neglect
investigations of developmentally disabled individuals.
Proposed Law: This bill would do the following:
Extend the provision in current law requiring reasonable
efforts to be made to avoid the scheduling of a trial date in
superior court for specified offenses on the same day that
another case is set for trial involving the same prosecuting
attorney to cases involving a crime against a person with a
developmental disability.
Expand the types of cases eligible to be granted a continuance
upon a showing of good cause to include cases involving a
crime against a person with a developmental disability.
Require the Commission on Peace Officer Standards and
Training, upon the next regularly scheduled review of a
training module relating to persons with disabilities, to
create and make available on DVD and to distribute
electronically a course on the steps that may be taken in
developing a training course regarding the investigation of
crimes against or involving individuals with developmental
disabilities, intellectual disabilities, cognitive
impairments, and communication impairments, as specified.
Provide that the required training for law enforcement
officers who handle cases arising in state mental hospitals
and development centers should be integrated and coordinated
with the training course POST must develop under this bill.
Express the intent of the Legislature in enacting this
provision to encourage the establishment of crime
investigation units in law enforcement agencies throughout the
state specializing in investigating crimes against or
involving individuals with developmental disabilities,
intellectual disabilities, cognitive impairments, and
communication impairments, including, but not limited to,
investigating crimes involving the sexual exploitation and
sexual abuse of developmentally disabled children and adults.
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Prior Legislation: AB 602 (Yamada) Chapter 673/2013 requires
POST to, by July 1, 2015, develop a course on investigations of
abuse of residents of state mental hospitals and developmental
centers and requires mandated reporters to report specified
forms of serious abuse of persons in state mental hospitals and
developmental centers to both local law enforcement and state
investigators immediately, as specified.
AB 40 (Yamada) Chapter 65/2012 requires mandated reporters of
elder or dependent adult abuse to report suspected crimes of
physical abuse which are believed to have occurred in a
long-term care facility to local law enforcement within two
hours, with follow up written reports to both the law
enforcement entity and the Long Term Care Ombudsman (LTCO), as
well as to the appropriate licensing agency.
Staff Comments: This bill requires POST to develop a training
course on the steps to be taken in developing a training course
regarding the investigation of crimes involving individuals with
developmental disabilities - in other words, a training course
on how to train officers in the investigation of these types of
crimes. POST has indicated to develop the curriculum for this
type of training, even if integrated and coordinated with the
training required pursuant to AB 602, would potentially cost in
excess of $100,000 (Peace Officers' Training Fund).
Staff notes the Peace Officers' Training Fund is operating at a
deficit. The year-end balance is projected to decline from $21.8
million in FY 2012-13 to $11.7 million in FY 2013-14, and is
projected to decline further to $2.7 million in FY 2014-15. As a
result, the 2014-15 Governor's Budget proposes a limited-term
Peace Officers' Training Fund reduction of $1.1 million in
2013-14 and $6.6 million in 2014-15 to maintain solvency of the
Fund through June 2015. The savings plan in effect from January
2014 to June 2015 includes suspending certain training cost
reimbursements, reducing contracts, and postponing some
symposia, workshops, and seminars conducted by the Commission.
Any additional cost pressures on POST could further erode the
solvency of this Fund.
This bill also expresses the intent of the Legislature, in a
codified section of law, to encourage the establishment of crime
investigation units in law enforcement agencies throughout the
state specializing in investigating crimes against or involving
individuals with developmental disabilities, intellectual
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disabilities, cognitive impairments, and communication
impairments, including, but not limited to, investigating crimes
involving the sexual exploitation and sexual abuse of
developmentally disabled children and adults.
Extending reasonable efforts to avoid the scheduling of a trial
date on the same day that another case is set for trial
involving the same prosecuting attorney to cases involving a
crime against a person with a developmental disability, and
expanding the types of cases eligible to be granted a
continuance upon a showing of good cause to include cases
involving a crime against a person with a developmental
disability, could result in minor delays in court operations.
Staff notes that while the additional calendaring exception and
continuance for good cause are not estimated to significantly
impact court operations, it is unclear at what point additional
calendaring exceptions would significantly impact court
operations, resulting in more significant delays, and by
extension, costs.
Recommended Amendments: To address the potential fiscal impact
to POST, staff recommends an amendment to delete the requirement
that the curriculum include the steps to be taken in the
development of the training course. By removing this provision,
integrating the additional information specified in this measure
into the training course required by AB 602 (Yamada) Chapter
673/2013 is estimated to reduce any significant additional costs
to POST.
This bill contains codified Legislative intent language that
creates future General Fund cost pressure on state law
enforcement agencies. To eliminate this fiscal pressure, staff
recommends the bill be amended to place the legislative intent
language in an uncodified section of the bill.
Committee Amendments:
Delete the requirement that the POST curriculum include the
steps to be taken in the development of the training course.
By removing this provision, integrating the additional
information specified in this measure into the training
course required by AB 602 (Yamada) Chapter 673/2013 is
estimated to reduce any significant additional costs to POST.
Move the codified Legislative intent language that creates
future General Fund cost pressure to an uncodified section of
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the bill.