Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1227

Introduced by Assembly Member Cooper

February 27, 2015

An act begin insert to amend Sections 13515.30 and 13519.2 of the Penal Code, end insert relating to peace officer training.

LEGISLATIVE COUNSEL’S DIGEST

AB 1227, as amended, Cooper. Peace officer training: mental begin delete health. end delete begin insert health training. end insert

Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental begin insert illnesses or developmental end insert disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force. begin insert Existing law also requires the commission to develop, in consultation with specified entities, adequate instruction in the handling of persons with developmental disabilities or mental illnesses for inclusion in the basic training course for law enforcement officers. end insert

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This bill would require the commission, in collaboration with relevant stakeholders, to study and submit a report to the Legislature, on or before December 31, 2017, that assesses the statuses of the training courses described above, assesses whether the courses cover all appropriate topics, and identifies areas where additional training may be needed.

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This bill would declare the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 13515.30 of the end insert begin insert Penal Code end insert begin insert is amended
to read: end insert

13515.30.  

(a) By July 1, 2015, the Commission on Peace
Officer Standards and Training shall establish and keep updated
a continuing education training course relating to law enforcement
interaction with mentally disabled and developmentally disabled
persons living within a state mental hospital or state developmental
center. The training course shall be developed by the commission
in consultation with appropriate community, local, and state
organizations and agencies that have expertise in the area of mental
illness and developmental disability, and with appropriate consumer
and family advocate groups. In developing the course, the
commission shall also examine existing courses certified by the
commission that relate to mentally disabled and developmentally
disabled persons. The commission shall make the course available
to all law enforcement agencies in California, and the course shall
be required for law enforcement personnel serving in law
enforcement agencies with jurisdiction over state mental hospitals
and state developmental centers, as part of the agency’s officer
training program.

(b) The course described in subdivision (a) may consist of
video-based or classroom instruction. The course shall include, at
a minimum, core instruction in all of the following:

(1) The prevalence, cause, and nature of mental illnesses and
developmental disabilities.

(2) The unique characteristics, barriers, and challenges of
individuals who may be a victim of abuse or exploitation living
within a state mental hospital or state developmental center.

(3) How to accommodate, interview, and converse with
individuals who may require assistive devices in order to express
themselves.

(4) Capacity and consent of individuals with cognitive and
intellectual barriers.

(5) Conflict resolution and deescalation techniques for
potentially dangerous situations involving mentally disabled or
developmentally disabled persons.

(6) Appropriate language usage when interacting with mentally
disabled or developmentally disabled persons.

(7) Community and state resources and advocacy support and
services available to serve mentally disabled or developmentally
disabled persons, and how these resources can be best utilized by
law enforcement to benefit the mentally disabled or
developmentally disabled community.

(8) The fact that a crime committed in whole or in part because
of an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55)
of Part 1.

(9) Information on the state mental hospital system and the state
developmental center system.

(10) Techniques in conducting forensic investigations within
institutional settings where jurisdiction may be shared.

(11) Examples of abuse and exploitation perpetrated by
caregivers, staff, contractors, or administrators of state mental
hospitals and state developmental centers, and how to conduct
investigations in instances where a perpetrator may also be a
caregiver or provider of therapeutic or other services.

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(c) The commission shall, in collaboration with relevant
stakeholders, study and submit a report to the Legislature, on or
before December 31, 2017, that assesses the status of the course
described in subdivision (a), assesses whether the course covers
all appropriate topics, and identifies areas where additional
training may be needed.

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begin insert SEC. 2. end insert   

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begin insert Section 13519.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13519.2.  

(a) The commission shall, on or before July 1, 1990,
include in the basic training course for law enforcement officers,
adequate instruction in the handling of persons with developmental
disabilities or mental illness, or both. Officers who complete the
basic training prior to July 1, 1990, shall participate in
supplementary training on this topic. This supplementary training
shall be completed on or before July 1, 1992. Further training
courses to update this instruction shall be established, as deemed
necessary by the commission.

(b) The course of instruction relating to the handling of
developmentally disabled or mentally ill persons shall be developed
by the commission in consultation with appropriate groups and
individuals having an interest and expertise in this area. In addition
to providing instruction on the handling of these persons, the course
shall also include information on the cause and nature of
developmental disabilities and mental illness, as well as the
community resources available to serve these persons.

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(c) The commission shall, in collaboration with relevant
stakeholders, study and submit a report to the Legislature, on or
before December 31, 2017, that assesses the status of the course
described in subdivision (a), assesses whether the course covers
all appropriate topics, and identifies areas where additional
training may be needed.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to increase the continuing mental health training
standards for California peace officers.

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