BILL ANALYSIS Ó
AB 1227
Page 1
Date of Hearing: April 21, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1227 (Cooper) - As Amended March 26, 2015
SUMMARY: Requires that the Commission on Peace Officer Status
and Training (POST) shall study and submit a report to the
Legislature that assesses the status of training courses on
peace officer interactions with mentally ill or developmentally
disabled persons. Specifically, this bill:
1)Requires that POST study and assess training courses on peace
officer interactions with mentally ill or developmentally
disabled persons.
2)Requires that POST submit a report to the Legislature on their
study on or before December 31, 2017.
3)Requires that the POST report assess whether the courses cover
all appropriate topics and identify where additional training
may be needed.
4)Specifies that POST collaborate with all relevant
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stakeholders.
EXISTING LAW:
1)Provides that POST 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. (Pen. Code, § 13515.30, subd. (a).)
2)Specifies that the course may consist of video-based or
classroom instruction. The course shall include, at a minimum,
core instruction in all of the following: (Pen. Code, §
13515.30, subd. (b).)
a) The prevalence, cause, and nature of mental illnesses
and developmental disabilities.
b) 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.
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c) How to accommodate, interview, and converse with
individuals who may require assistive devices in order to
express themselves.
d) Capacity and consent of individuals with cognitive and
intellectual barriers.
e) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally
disabled or developmentally disabled persons.
f) Appropriate language usage when interacting with
mentally disabled or developmentally disabled persons.
g) 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.
h) 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.
i) Information on the state mental hospital system and the
state developmental center system.
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j) Techniques in conducting forensic investigations within
institutional settings where jurisdiction may be shared.
aa) 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.
3)Defines a "mandated reporter" as any person who has assumed
the care or custody of an elder or dependent adult, including
administrators, supervisors, or licensed staff of a public or
private facility that provides care to elder or dependent
adults, elder or dependent adult care custodian, health
practitioner, clergy member, employee of county adult
protective services, or a local law enforcement agency. (Welf
& Inst. Code, § 15630, subd. (a)(1).)
4)Requires any mandated reporter under the Elder Abuse and Adult
Civil Protection Act who, within the scope of his or her
employment, observes, has knowledge of physical abuse,
financial abuse or neglect, or is told by an elder or
dependent adult that he or she has experienced abuse, or
reasonably suspects abuse, to immediately report the known or
suspected abuse, as specified. (Welf & Inst. Code, § 15630,
subd. (b)(1).)
5)Provides that if the abuse has occurred in long-term care
facility, except a state mental hospital or developmental
center, the report shall be made to the local ombudsperson or
the local law enforcement agency. (Welf & Inst. Code, §
15630, subd. (b)(1)(a).)
6)Provides that failure to report elder abuse under the mandated
reporting requirement is a misdemeanor, punishable by
imprisonment in the county jail not to exceed six months; by a
fine of not more than $1,000; or by both. Failure to report
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abuse that results in a death or great bodily injury shall be
punished by imprisonment in the county jail not to exceed one
year; by a fine not to exceed $5,000; or by both. (Welf &
Inst. Code, § 15630, subd. (h).)
7)Vests in the State Department of Developmental Services (DDS)
jurisdiction over state hospitals referred to as developmental
centers for the provision of residential care to persons with
developmental disabilities. (Welf & Inst. Code, § 4440.)
8)Provides that a developmental center shall immediately report
all resident deaths and serious injuries of unknown origin to
the appropriate local law enforcement agency, which may, at
its discretion, conduct an independent investigation. The
reporting requirements of this subdivision are in addition to,
and do not substitute for, the reporting requirements of
mandated reporters. (Welf & Inst. Code, § 4427.5, subd. (a).)
9)Mandates DDS to do the following:
a) Annually provide written information to every
developmental center employee regarding all of the
following:
i) The statutory and departmental requirements for
mandatory reporting of suspected or known abuse;
ii) The rights and protections afforded to individuals'
reporting of suspected or known abuse;
iii) The penalties for failure to report suspected or
known abuse; and
iv) The telephone numbers for reporting suspected or
known abuse or neglect to designated investigators of the
department and to local law enforcement agencies.
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b) On or before August 1, 2001, in consultation with
employee organizations, advocates, consumers, and family
members, develop a poster that encourages staff, residents,
and visitors to report suspected or known abuse and
provides information on how to make these reports. (Welf &
Inst. Code, § 4427.5, subd. (b).)
10)States that any person who has assumed full or intermittent
responsibility for the care or custody of an elder or
dependent adult, whether or not he or she receives
compensation, including administrators, supervisors, and any
licensed staff of a public or private facility that provides
care or services for elder or dependent adults, or any elder
or dependent adult care custodian, health practitioner, clergy
member, or employee of a county adult protective services
agency or a local law enforcement agency, is a mandated
reporter. (Welf & Inst. Code, § 15630, subd. (a).)
11)States that any mandated reporter who, in his or her
professional capacity, or within the scope of his or her
employment, has observed or has knowledge of an incident that
reasonably appears to be physical abuse, as defined,
abandonment, abduction, isolation, financial abuse, or
neglect, or is told by an elder or dependent adult that he or
she has experienced behavior, including an act or omission,
constituting physical abuse, as defined, abandonment,
abduction, isolation, financial abuse, or neglect, or
reasonably suspects that abuse, shall report the known or
suspected instance of abuse by telephone or through a
confidential Internet reporting tool, as authorized,
immediately or as soon as practicably possible. (Welf & Inst.
Code, § 15630, subd. (b)(1).)
12)Provides any mandated reporter who has knowledge, or
reasonably suspects, that types of elder or dependent adult
abuse for which reports are not mandated have been inflicted
upon an elder or dependent adult, or that his or her emotional
well-being is endangered in any other way, may report the
known or suspected instance of abuse to the specified agency.
(Welf & Inst. Code, § 15630, subd. (c)(1).)
13)Provides a mandated reporter in a long-term care facility
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other than a state mental health hospital or state
developmental center, who has knowledge, or reasonably
suspects abuse that is not mandated to be reported, may report
the known or suspected abuse to the long-term care
ombudsperson program. Except in an emergency, the local
ombudsperson shall report the case of known or suspected abuse
to the Department of Health Services. (Welf & Inst. Code, §
15630, subd. (c)(2).)
14)Provides if the suspected or alleged abuse occurred in a
state mental health hospital or a state developmental center,
the report may be made to the designated investigator of the
State Department of Mental Health or the State Department of
Developmental Services or to a local law enforcement agency or
to the local ombudsperson. Except in an emergency, the local
ombudsperson and the local law enforcement agency shall report
any case of known or suspected criminal activity to the Bureau
of Medi-Cal Fraud and Elder Abuse, as soon as is practicable.
(Welf & Inst. Code, § 15630, subd. (c)(3).)
15)If the suspected or alleged abuse occurred in a place other
than those specified, the report may be made to the county
adult protective services agency. (Welf & Inst. Code, §
15630, subd. (c)(3).)
16)Provides if the conduct involves criminal activity other than
physical abuse, abandonment, abduction, isolation, financial
abuse, or neglect, it may be immediately reported to the
appropriate law enforcement agency. (Welf & Inst. Code, §
15630, subd. (d).)
17)States that a failure to report, or impeding or inhibiting a
report of, physical abuse, abandonment, abduction, isolation,
financial abuse, or neglect of an elder or dependent adult is
a misdemeanor, punishable by not more than six months in the
county jail, by a fine of not more than $1,000, or by both
that fine and imprisonment. Any mandated reporter who
willfully fails to report, or impedes or inhibits a report of,
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physical abuse, abandonment, abduction, isolation, financial
abuse, or neglect of an elder or dependent adult, in violation
of this section, where that abuse results in death or great
bodily injury, shall be punished by not more than one year in
a county jail, by a fine of not more than $5,000, or by both
that fine and imprisonment. If a mandated reporter
intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe
neglect, the failure to report is a continuing offense until a
law enforcement agency as specified discovers the offense.
(Welf & Inst. Code, § 15630, subd. (h).)
18)Defines "dependent adult" as any person between the ages of
18 and 64 years who resides in California and who has physical
or mental limitations that restrict his or her ability to
carry out normal activities or to protect his or her rights,
including, but not limited to, persons who have physical or
developmental disabilities, or whose physical or mental
abilities have diminished because of age; and includes any
person between the ages of 18 and 64 years who is admitted as
an inpatient to a 24-hour health facility, as defined. (Welf
& Inst. Code, §§ 15610.23 & 15630, subd. (i).)
19)Requires all peace officers to complete an introductory
course of training prescribed by POST, demonstrated by passage
of an appropriate examination developed by POST. (Pen. Code,
§ 832, subd. (a).)
20)Establishes the Commission on Peace Officer Training and
Standards. (Pen. Code, § 13500.)
21)Empowers POST to develop and implement programs to increase
the effectiveness of law enforcement. (Pen. Code, § 13503.)
22)Authorizes POST, for the purpose of raising the level of
competence of local law enforcement officers, to adopt rules
establishing minimum standards related to physical, mental and
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moral fitness and training that shall govern the recruitment
of any peace officers in California. (Pen. Code § 13510,
subd. (a).)
23)Requires POST to conduct research concerning job-related
educational standards and job-related selection standards to
include vision, hearing, physical ability, and emotional
stability and adopt standards supported by this research.
(Pen. Code, § 13510, subd. (b).)
24)Requires POST to establish a certification program for peace
officers, which shall be considered professional certificates.
(Pen. Code § 13510.1, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1227 directs
the Commission on Peace Officer Standards and Training (POST)
to collaborate with appropriate stakeholders to conduct a
study on mental health course offerings for peace officer
basic and continuing education training and assess whether
those courses cover all appropriate topics and identify areas
where additional training may be needed."
2)Background on this Form of Training: The requirement for POST
to train officers related to interaction with the mentally
disabled or developmentally disabled came about in legislation
in 2013. AB 602 (Yamada), Chapter 673, of the statutes of
2013 mandated this training because of reports of abuse and
exploitation in state hospitals.
When a patient at one of the state's developmental centers is
seriously injured or dies, the following occurs. Employees
must notify the facility's police force, Office of Protective
Services (OPS), whenever a patient dies is or seriously
injured. OPS officers are required to respond immediately and
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secure the scene for evidence. OPS must then notify the
coroner's office and a local law enforcement agency of all
deaths or serious injuries. The developmental center must
also report patient deaths to the state Department of Public
Health, which regulates facilities. Doctors, nurses and
caretakers are mandatory reporters.
Local police or sheriff's departments can open criminal
investigations at their discretion. OPS conducts criminal
investigations and internal administrative reviews of
suspicious deaths. Coroner and medical examiner officers can
perform autopsies to find the cause of death. The Department
of Public Heath investigates to determine if facility errors
contributed to the death. If regulators find the
developmental center at fault, they can issue fines and
citations which can put the facility's license in jeopardy.
However, the state has not revoked the license of its own
centers even after they receive multiple citations.
Disability Rights California, a nonprofit group, has authority
under federal and state law to investigate abuse of the
disabled and publish its findings. It has access to
developmental patient records and police files the public does
not.
City police and sheriff's departments can refer the results of
their investigations to district attorneys' offices, which
decide whether to file criminal charges. Detectives with OPS
must show their reports to lawyers for the state DDS, which
operates the centers, before sending cases out to
prosecutors." [Alvarado and Springfield, Who is Accountable
for Suspected Abuse at Developmental Centers? California Watch
(Feb. 23, 2012).]
Increasing incidents of unexplained injuries and deaths have
raised questions as to whether the current process provides
sufficient protections for residents of developmental centers.
According to inspection data from the Department of Public
Health, "The developmental centers have been the scene of 327
patient abuse cases since 2006 . . . . Patients have suffered
an additional 762 injuries of 'unknown origin' - often a
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signal of abuse that under state policy should be investigated
as a potential crime. At the state's five centers, the list
of unexplained injuries includes patients who suffered deep
cuts on the head; a fractured pelvis; a broken jaw; busted
ribs, shins and wrists; bruises and tears to male genitalia;
and burns on the skin the size and shape of a cigarette butt."
[Gabrielson, Police Force's Sloppy Investigations Leave Abuse
of Disabled Unsolved, California Watch (Feb. 23, 2012).] The
OPS "often learns about potential abuse hours or days after
the fact - if they find out at all. Of the hundreds of abuse
cases reported at the centers since 2006, California Watch
could find just two cases where the department made an
arrest." (Id.)
3)Argument in Support: According to the Fraternal Order of Police,
"AB 1227 will require POST, in collaboration with relevant
stakeholders, to assess the status of the various peace officer
training courses relating to mental illness and developmental
disabilities. The bill will also require POST to assess whether
the courses cover all appropriate topics, identify areas where
additional training may be needed and report their findings to
the legislature.
"The California Fraternal Order of Police is supportive of
legislation that seeks to improve the training received by
California's peace officers and assist officers in their
interactions with various segments of the population."
4)Prior Legislation: AB 602 (Yamada), Chapter 673, of the
Statutes of 2013, mandated that POST develop and implement
training for officers regarding mentally and developmentally
disabled persons.
REGISTERED SUPPORT / OPPOSITION:
Support
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California Public Defenders Association
Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
Opposition
None
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744