BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1227


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          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