BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 11         Hearing Date:    April 7, 2015    
          
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          |Author:    |Beall                                                |
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          |Version:   |March 23, 2015                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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                   Subject:  Peace Officer Training: Mental Health



          HISTORY

          Source:   Author

          Prior Legislation:AB 1718 (Hertzberg)  Chapter 95, Statutes of  
          2000
                         SB 2049 (Vasconcellos)  Vetoed by Governor in  
          1998

          Support:  Association for Los Angeles Deputy Sheriffs;  
                    Association of Regional Center Agencies; The Arc and  
                    United Cerebral Palsy California Collaboration;  
                    California Association of Code Enforcement Officers;  
                    California Attorneys for Criminal Justice; California  
                    College and University Police Chiefs Association;  
                    California Correctional Supervisors Organization;  
                    California Medical Association; California Narcotics  
                    Officers Association; California Public Defenders  
                    Association; California State Lodge, Fraternal Order  
                    of Police; County Behavioral Health Directors  
                    Association; Disability Rights California; Long Beach  
                    Police Officers Association; Los Angeles County  
                    Professional Peace Officers Association; Los Angeles  
                    Police Protective League; Riverside Sheriffs  
                    Association; Sacramento County Deputy Sheriffs'  








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                    Association; Santa Ana Police Officers Association;  
                    Steinberg Institute; United Domestic Workers of  
                    America

          Opposition:California State Sheriffs' Association

           
          PURPOSE

          The purpose of this legislation is to require peace officers to  
          participate in: (1) a 20 hour evidence-based behavioral health  
          classroom training course, as specified, in addition to the  
          basic training course's current hour requirement; and, (2) a 4  
          hour evidence-based behavioral health training course, as  
          specified, as part of the total hours required for perishable  
          skills training.

          Peace Officer Standards and Training 

          Existing law creates, in the Department of Justice, a Commission  
          on Peace Officer Standards and Training (POST).  The POST  
          commission consists of 15 members appointed by the Governor,  
          after consultation with, and with the advice of, the Attorney  
          General and with the advice and consent of the Senate.  Racial,  
          gender, and ethnic diversity must be considered for all  
          appointments to the commission.  (Penal Code § 13500.)

          Existing law provides POST with the following powers:

                 To meet at those times and places as it may deem proper.

                 To employ an executive secretary and, pursuant to civil  
               service, those clerical and technical assistants as may be  
               necessary.

                 To contract with other agencies, public or private, or  
               persons as it deems necessary, for the rendition and  
               affording of those services, facilities, studies, and  
               reports to the commission as will best assist it to carry  
               out its duties and responsibilities.

                 To cooperate with and to secure the cooperation of  
               county, city, city and county, and other local law  
               enforcement agencies in investigating any matter within the  









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               scope of its duties and responsibilities, and in performing  
               its other functions.

                 To develop and implement programs to increase the  
               effectiveness of law enforcement and when those programs  
               involve training and education courses to cooperate with  
               and secure the cooperation of state-level officers,  
               agencies, and bodies having jurisdiction over systems of  
               public higher education in continuing the development of  
               college-level training and education programs.

                 To cooperate with and secure the cooperation of every  
               department, agency, or instrumentality in the state  
               government.

                 To do any and all things necessary or convenient to  
               enable it fully and adequately to perform its duties and to  
               exercise the power granted to it.

                 The commission does not have the authority to adopt or  
               carry out a regulation that authorizes the withdrawal or  
               revocation of a certificate previously issued to a peace  
               officer.

                 Except as specifically provided by law, the commission  
               does not have the authority to cancel a certificate  
               previously issued to a peace officer.

          (Penal Code § 13503.)

          Current law requires POST to endeavor to minimize costs of  
          administration so that a maximum amount of funds can be expended  
          for the purpose of providing training and other services to  
          local law enforcement agencies.  (Penal Code § 13505.)

          Existing law requires POST to adopt rules establishing minimum  
          standards relating to physical, mental, and moral fitness that  
          govern the recruitment of any city police officers, peace  
          officer members of a county sheriff's office, marshals or deputy  
          marshals, and other specified peace officers.  (Penal Code §  
          13510.)












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          POST Basic Certificate 


          Existing law requires every undersheriff or deputy sheriff of a  
          county, any police officer of a city, and any police officer of  
          a district authorized by statute to maintain a police  
          department, and is responsible for the prevention and detection  
          of crime and the general enforcement of the criminal laws of  
          this state, to obtain the basic certificate issued by the  
          Commission on Peace Officer Standards and Training within 18  
          months of his or her employment in order to continue to exercise  
          the powers of a peace officer after the expiration of the  
          18-month period.  (Penal Code § 832.4(a).)  

          Existing law requires every peace officer listed in subdivision  
          (a) of Section 830.1, as specified, to obtain the basic  
          certificate issued by the Commission on Peace Officer Standards  
          and Training upon completion of probation, but in no case later  
          than 24 months after his or her employment, in order to continue  
          to exercise the powers of a peace officer after the expiration  
          of the 24-month period.  (Penal Code § 832.4 (b).)  

          Existing regulations require, with limited exceptions: 



                     Every peace officer listed in Penal Code section  
                 830.1(a), with limited exceptions, to obtain the POST  
                 basic certificate in order to continue to exercise peace  
                 officer powers.  



                     Pursuant to Penal Code section 832.4(c), as a  
                 condition of continued employment, each police chief, or  
                 any other person in charge of a local law enforcement  
                 agency, who is appointed on or after January 1, 1999, to  
                 possess the POST basic certificate within two years of  
                 appointment.












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                     Every peace officer appointed by a department  
                 participating in the POST Program must possess the  
                 appropriate basic certificate.


          (11 C.C.R. 1011 (2015).)

          Existing regulations require applicants for the award of a basic  
          certificate to:

                 Be employed as a full-time peace officer by a  
               POST-participating department.

                 Completed the Regular Basic Course.<1>

                 Complete the current employing department's probationary  
               period of not less than 12 months.

          (11 C.C.R. 1011 (2015).)


          Legislatively Mandated Basic Training Requirements
          
          Existing law requires the POST basic training course, and other  
          training courses as the commission determines appropriate, to  
          include instruction on the identification and handling of  
          possible carcinogenic materials and the potential health hazards  
          associated with these materials, protective equipment, and  
          clothing available to minimize contamination, handling, and  
          disposing of materials and measures and procedures that can be  
          adopted to minimize exposure to possible hazardous materials.   
          (Health and Safety Code § 1797.187.)

          Existing law allows a peace officer, as specified, to purchase,  
          possess, transport, and use tear gas or a tear gas weapon if the  
          person has satisfactorily completed a course of instruction  
          ---------------------------
          <1> The Regular Basic Course (academy) is the entry-level  
          training requirement for many California peace officers, as  
          specified in POST Regulation 1005.  There are 39 POST-certified  
          basic training academies in California. The Standard Format of  
          the Regular Basic Course is delivered in a one-part  
          instructional sequence with a minimum requirement of 664 hours.   
          (https://post.ca.gov/regular-basic-course.aspx.) 









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          approved by POST in the use of tear gas.  (Penal Code § 22820.)

          Existing law requires POST to prepare guidelines establishing  
          standard procedures which may be followed by police agencies in  
          the detection, investigation, and response to cases in which a  
          minor is a victim of an act of abuse or neglect prohibited by  
          this code.  POST is additionally required to include adequate  
          instruction in these procedures in the course of training  
          leading to the basic certificate issued by POST.  (Penal Code §  
          13517.)

          Existing law requires POST to 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.  The course of instruction relating to the  
          handling of developmentally disabled or mentally ill persons  
          must be developed by POST 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 must 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.  (Penal Code § 13519.2)

          Existing law requires POST to implement a course or courses of  
          instruction for the training of law enforcement officers, as  
          specified, in California in the handling of domestic violence  
          complaints.  The course or courses of instruction must stress  
          enforcement of criminal laws in domestic violence situations,  
          availability of civil remedies and community resources, and  
          protection of the victim.  (Penal Code § 13519.) 

          Existing law requires every city police officer or deputy  
          sheriff at a supervisory level and below who is assigned field  
          or investigative duties to complete an elder and dependent adult  
          abuse training course certified by POST.  The training must, at  
          a minimum, include the following subjects: (1) Relevant laws;  
          (2) Recognition of elder and dependent adult abuse; (3)  
          Reporting requirements and procedures; (4) Neglect of elders and  
          dependent adults; (5) Fraud of elders and dependent adults; (6)  
          Physical abuse of elders and dependent adults; (7) Psychological  
          abuse of elders and dependent adults; (8) The role of the local  
          adult protective services and public guardian offices; and, (9)  
          The legal rights of, and remedies available to, victims of elder  









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          or dependent adult abuse.  (Penal Code § 13515.) 

          Existing law requires every city police officer, sheriff, deputy  
          sheriff, marshal, deputy marshal, peace officer member of the  
          Department of the California Highway Patrol, and police officer  
          of a district authorized by statute to maintain a police  
          department, except those whose duties are primarily clerical or  
          administrative, to meet the training standards prescribed by the  
          Emergency Medical Services Authority for the administration of  
          first aid and cardiopulmonary resuscitation.  (Penal Code §  
          13518.)

          Existing law requires POST to implement a course or courses of  
          instruction to provide ongoing training to the appropriate peace  
          officers on methods of gang and drug law enforcement.  (Penal  
          Code § 13519.5.) 

          Existing law requires POST to develop guidelines and a course of  
          instruction and training for law enforcement officers who are  
          employed as peace officers, or who are not yet employed as a  
          peace officer but are enrolled in a training academy for law  
          enforcement officers, addressing hate crimes.  (Penal Code §  
          13519.6.)

          Existing law requires every law enforcement officer testifying  
          as to hearsay statements to either have five years of law  
          enforcement experience or have completed a training course  
          certified by the POST that includes training in the  
          investigation and reporting of cases and testifying at  
          preliminary hearings.  (Penal Code § 872.)

          Existing law requires POST to implement a course or courses of  
          instruction for the training of law enforcement officers and law  
          enforcement dispatchers, as specified, in the handling of  
          missing person and runaway cases.  (Penal Code §13519.1.)

          Existing law requires POST to develop and disseminate guidelines  
          and training for all law enforcement officers, as specified, on  
          the racial and cultural differences among the residents of this  
          state.  The course or courses of instruction and the guidelines  
          are required to stress understanding and respect for racial and  
          cultural differences, and development of effective, noncombative  
          methods of carrying out law enforcement duties in a racially and  
          culturally diverse environment.  (Penal Code § 13519.4.)









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          Existing law requires POST to implement a course or courses of  
          instruction for the training of law enforcement officers in the  
          handling of acts of civil disobedience and adopt guidelines that  
          may be followed by police agencies in responding to acts of  
          civil disobedience.  (Penal Code § 13514.5.) 

          Existing law requires POST to implement a course or courses of  
          instruction for the regular and periodic training of law  
          enforcement officers in the handling of high-speed vehicle  
          pursuits.  (Penal Code § 13519.8.)

          Existing law requires POST to prepare guidelines establishing  
          standard procedures which may be followed by police agencies in  
          the investigation of sexual assault cases, and cases involving  
          the sexual exploitation or sexual abuse of children, including,  
          police response to, and treatment of, victims of these crimes.  
          The course of training leading to the basic certificate issued  
          by the commission must include adequate instruction in these  
          procedures.  (Penal Code § 13516.)

          Existing law requires POST to develop complaint guidelines to be  
          followed by city police departments, county sheriffs'  
          departments, districts, and state university departments, for  
          peace officers who are victims of sexual harassment in the  
          workplace.  The course of basic training for law enforcement  
          officers must include instruction on sexual harassment in the  
          workplace.  (Penal Code § 13519.7.)



          Existing law allows peace officer members of a police  
          department, sheriff's office, marshal's office, the California  
          Highway Patrol, the Department of Justice, or the Department of  
          Corrections and Rehabilitation, to possess short-barreled rifles  
          and short-barreled shotguns when on duty and the use is  
          authorized by the agency and is within the course and scope of  
          their duties, and the officers have completed a training course  
          in the use of these weapons certified by POST. (Penal Code §  
          33220.)

          Existing law requires POST to establish, for those specified  
          peace officers, a course on the nature of sudden infant death  
          syndrome and the handling of cases involving the sudden deaths  









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          of infants. The course must include information on the community  
          resources available to assist families and child care providers  
          who have lost a child to sudden infant death syndrome. Officers  
          must complete a course in sudden infant death syndrome prior to  
          the issuance of the POST basic certificate.  (Penal Code §  
          13519.3.)

          Existing law requires the Office of Emergency Services, in  
          coordination with the State Fire Marshal's office, the  
          Department of the California Highway Patrol, the Commission on  
          Peace Officer Standards and Training, the Emergency Medical  
          Services Authority, and all other interested state agencies with  
          designated response roles in the state emergency plan, to  
          jointly develop an approved course of instruction for use in  
          training all emergency response personnel, consisting of the  
          concepts and procedures associated with the standardized  
          emergency management system.  (Government Code § 8607.)  

           Existing law permits a peace officer who has successfully  
          completed a course or courses of instruction, approved by POST,  
          in the investigation of traffic accidents may prepare, in  
          triplicate, on a form approved by the Judicial Council, a  
          written notice to appear when the peace officer has reasonable  
          cause to believe that any person involved in a traffic accident  
          has violated a provision of this code not declared to be a  
          felony or a local ordinance and the violation was a factor in  
          the occurrence of the traffic accident.  (Vehicle Code § 40600.)

          This bill would require POST to include in its basic training  
          course an evidence-based behavioral health classroom training  
          course to train law enforcement officers to recognize,  
          deescalate, and refer persons with mental illness or  
          intellectual disability who are in crisis.  The bill would  
          require that this evidence-based behavioral health classroom  
          training course be 20 hours long and be in addition to the basic  
          training course's current hour requirement.

          Continuing Training

          Existing law requires POST to establish and keep updated a  
          continuing education classroom training course relating to law  
          enforcement interaction with mentally disabled persons.  The  
          training course is required to be developed in consultation with  
          appropriate community, local, and state organizations and  









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          agencies that have expertise in the area of mental illness and  
          developmental disability, and with appropriate consumer and  
          family advocate groups.  POST is required to make the course  
          available to law enforcement agencies in California.  This  
          course must consist of classroom instruction and utilize  
          interactive training methods to ensure that the training is as  
          realistic as possible.  The course must include, at a minimum,  
          core instruction in the following: (1) the cause and nature of  
          mental illnesses and developmental disabilities;  (2) how to  
          identify indicators of mental disability and how to respond  
          appropriately in a variety of common situations; (3) conflict  
          resolution and de-escalation techniques for potentially  
          dangerous situations involving mentally disabled persons; (4)  
          appropriate language usage when interacting with mentally  
          disabled persons; (5) alternatives to lethal force when  
          interacting with potentially dangerous mentally disabled  
          persons;  (6) community and state resources available to serve  
          mentally disabled persons and how these resources can be best  
          utilized by law enforcement to benefit the mentally disabled  
          community; and, (7) the fact that a crime committed in whole or  
          in part because of an actual or perceived disability of the  
          victim is a hate.  (Penal Code § 13515.25.)

          Existing regulations require all peace officers (except reserve  
          officers) below the middle management position and assigned to  
          patrol, traffic, or investigation who routinely effect the  
          physical arrest of criminal suspects are required to complete  
          Perishable Skills and Communications training.  In-lieu of  
          completing the training, the requirement may be met by  
          successfully passing a presenter-developed test that measures  
          the approved training objectives. Perishable skills training  
          consists of a minimum of 12 hours in each two-year period.  Of  
          the total 12 hours required, a minimum of 4 hours of each of the  
          three following topical areas must be completed: 1. Arrest and  
          Control; 2. Driver Training/Awareness or Driving Simulator; and,
          3. Tactical Firearms or Force Options Simulator.  (11 C.C.R.  
          1005 (2015).)

          The bill would require POST to establish and keep updated an  
          evidence-based behavioral health training course as part of its  
          perishable skills training.  The bill would require that this  
          evidence-based behavioral health training course be a minimum of  
          4 consecutive hours every 4 years.  










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                     RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                          
          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
                     design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown   (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;









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              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.  Need for This Legislation

          According to the author: 
          
               Day by day there is a growing recognition throughout  
               law enforcement nationwide of the value of behavioral  
               health training for officers.  SB 11 responds to the  
               public's heightened distrust by mandating stronger  
               evidence-based behavioral health training that has  
               proven to reduce volatile confrontations between peace  
               officers and people with mental illnesses or  
               intellectual disabilities.  Equally important, the  
               bill recognizes California's cultural diversity and  
               requires training to be culturally appropriate. 

               Specifically, SB 11 mandates:
               
                           20 hours additional hours of universal  
                    evidence-based behavioral health  
                    classroom-training and instructor led active  
                    learning such as scenario-based training in the  
                    Academy so that all officers can recognize,  
                    de-escalate and refer people with mental  
                    illnesses who are in crisis.
               
                           Designates behavioral health training as  
                    a perishable skill under continuing education and  
                    mandates peace officers to take 4 hours of  
                    continuing education regarding persons with  









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                    mental illness once every four years.
               
               The existing California Peace Officer Standards and  
               Training curriculum for prospective officers mandates  
               664 hours (16 weeks) of training.  This includes 72  
               hours on how to handle firearms and pepper spray; 40  
               hours for investigative report writing; 40 hours on  
               fitness; and 40 hours on driving -- but just six hours  
               of mental health training.  This training is not  
               narrowly focused on matters pertaining to individuals  
               with mental health disabilities but covers all types  
               of disabilities (physical, sensory, cognitive,  
               developmental and mental) and includes an overview of  
               federal and state disability laws. This is a daunting  
               amount of material that does not include a mandate for  
               instruction of best practice training techniques like  
               de-escalation techniques and crisis intervention.



               Furthermore, there are no mandates that require  
               behavioral health training for advanced officer  
               continuing education coursework and no mandatory  
               perishable skills behavioral health training. 

               According to POST representatives, there are currently  
               38 mental health training courses that have been  
               certified by POST available statewide to law  
               enforcement officers and dispatchers.  Although  
               training resources exists, there is no standardized  
               mental health training curriculum statewide other than  
               the mandatory 6 hours in the Academy.  The lack of  
               uniformity creates a patchwork of training programs  
               offered by California law enforcement agencies.  Some  
               agencies offer robust training programs while others  
               offer far less.  Every officer, from Susanville to San  
               Diego, needs to be provided with the most current  
               effective tools to interact safely with people with  
               mental illnesses especially given the frequency of  
               contacts with people with a mental illness (POST  
               estimates 10-15%). 

          2.  Effect of the Legislation










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          Currently, law enforcement officers receive six hours of POST  
          approved training on how to interact with persons with mental  
          illnesses and developmental disabilities during their Regular  
          Basic Training course, as required by Penal Code section  
          13519.2.  While there is no mandatory continuing education  
          requirement, POST offers a variety of courses relating to mental  
          health.  According to information provided by POST, there are  
          currently 38 mental health certified courses available to  
          California law enforcement.  These courses range from four to  
          forty hours.  


          According to a recent study conducted by Disability Rights  
          California, who support this legislation: 


               Frequently, police officers respond to mental health  
               related calls and incidents, many of which can be time  
               consuming.  At least one jurisdiction reported to  
               Disability Rights California that mental health calls  
               constitute up to one third of all calls for service  
               that they receive.  In 2008, the federal Bureau of  
               Justice Affairs reported that "behaviors resulting in  
               mental illness are a factor in 3 to 7 percent of all  
               law enforcement calls for service."  And more recent  
               media accounts say that these calls are on the rise.   
               More than 80 percent of agencies responding to  
               Disability Rights California's survey reported that  
               officers spend more time on these calls than other  
               calls for service.  Typical scenarios that trigger a  
               police response:


               -      A father calls 911 because he is not sure who  
                 else to call or how to access immediate help after  
                 his adult son stops taking his medication and  
                 refuses to come out of his bedroom for several days.  



               -      A woman perches on the ledge of a freeway  
                 overpass, crying and repeating that she feels like  
                 life is hopeless and she wants to jump. 









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               -      A store owner calls the police about a  
                 disheveled and dirty man pacing outside of his  
                 storefront, yelling profanities, talking to an  
                 unseen person, and refusing to leave the premises.


               -      A neighbor calls the police after he hears his  
                 next door neighbor, who lives alone, screaming and  
                 breaking things.


               -      On a hot summer day, officers encounter a  
                 homeless man who appears emaciated, shuffling behind  
                 a shopping cart laden with trash. He is wearing a  
                 down parka over layers of clothes, despite the 90  
                 degree heat.


          (An Ounce of Prevention: Law Enforcement Training and  
          Mental Health Crisis Intervention, Disability Rights  
          California, August 2014.)


          According to those in support of this legislation, officers need  
          to be better prepared to respond appropriately when dealing with  
          individuals in scenarios like these.  To this end, this  
          legislation would increase the amount of behavioral health  
          training that officers receive during regular basic training and  
          would mandate four consecutive hours of behavioral health  
          training every four years. 


          SHOULD OFFICERS BE REQUIRED TO HAVE 20 HOURS OF BEHAVIORAL  
          HEALTH TRAINING AS PART OF THE REGULAR BASIC TRAINING COURSE? 


          SHOULD OFFICERS BE REQUIRED TO HAVE FOUR CONSECUTIVE HOURS OF  
          CONTINUING BEHAVIORAL HEALTH TRAINING EVERY FOUR YEARS?


          3.  Issues and Concerns










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          Evidence-Based Training


          SB 11 would require that officers be provided evidence-based  
          behavioral health classroom training course to train them to  
          recognize, deescalate, and refer persons with mental illness or  
          intellectual disability who are in crisis.  Requiring  
          evidence-based training could limit the use of high-quality,  
          promising behavioral health training.<2>  Members may wish to  
          recommend an amendment that would permit "promising  
          evidence-based or evidence-based training."  


          Regular Basic Training Course: Definition and Hours


          This legislation requires the "basic training course for law  
          enforcement officers" include 20 hours of behavior health  
          training.  The author clearly intends to require additional  
          training for officers who are required to go through Regular  
          Basic Training.  To ensure that the author's intent is made  
          clear in the legislation, members may wish to consider an  
          amendment that requires officers to have an additional 20 hours  
          of behavioral health training "in the course of training leading  
          to the basic certificate issued by POST."


          This legislation, additionally, requires that the behavioral  
          health training be 20 hours long.  As drafted, this legislation  
          would require exactly 20 hours of additional training, members  
          may wish to consider an amendment to give POST the flexibility  
          to go beyond 20 hours, if necessary.  


          Continuing Training 

            --------------------------
          <2> U.S. Department of Health and Human Services (HHS) has  
          defined a promising practice as one with at least preliminary  
          evidence of effectiveness in small-scale interventions or for  
          which there is potential for generating data that will be useful  
          for making decisions about taking the intervention to scale and  
          generalizing the results to diverse populations and settings.









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          Perishable skills training is mandated in POST regulations,  
          which require a certain number of hours every two years.  Given  
          that the training required by this legislation has different  
          timeframes (four consecutive hours every four years), members  
          may wish to consider an amendment making the four consecutive  
          hours of behavioral health training every 4 years a continuing  
          education requirement, similar to the domestic violence  
          continuing education requirement described in Penal Code 13519.   

          
          4.  Argument in Support

          According to County Behavioral Health Directors  
          Association: 

               There is a growing recognition among law enforcement  
               nationwide of the need for more behavioral health  
               training for officers.  The existing California Peace  
               Officer Standards and Training (POST) curriculum  
               includes only 6 hours of mental health training out of  
               a total of 664 hours of mandated training for peace  
               officers, which is clearly not sufficient.  SB 11  
               would require POST to include in its basic training  
               course an evidence-based behavioral health classroom  
               training course to train law enforcement officers to  
               recognize, deescalate, and refer persons with mental  
               illness or intellectual disability who are in crisis.   
               The bill would require that this evidence-based  
               behavioral health classroom training course be 20  
               hours long and be in addition to the basic training  
               course's current hour requirement.  The bill would  
               also require POST to establish an evidence-based  
               behavioral health training course as part of its  
               perishable skills training under its continuing  
               professional education requirement. 

          5.  Argument in Opposition

          According to the California State Sheriffs' Association: 

               On behalf of the California State Sheriffs'  
               Association (CSSA), we must respectfully oppose Senate  
               Bill 11, which would mandate increased training for  
               law enforcement officers on mental health issues.









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               To be clear, CSSA recognizes the importance of  
               appropriate training of law enforcement officers.  We  
               also acknowledge that mental health issues have grown  
               in significance in recent years. California peace  
               officers are among the best trained in the nation  
               because of the rigorous and comprehensive education  
               and training regimen overseen by the Commission on  
               Peace Officer Standards and Training (POST).  Proper  
               training prepares officers for the daily dangers of  
               their jobs, builds trust with the community members  
               protected by law enforcement, and provides appropriate  
               standards for peace officer behavior.

               Currently, significant training on mental health  
               issues is required of prospective and employed peace  
               officers.  The basic POST academy includes mandatory  
               training on mental health issues and includes a  
               scenario-based test that must be passed in order to  
               graduate from an academy.  Additionally, law  
               enforcement agencies around the state offer ongoing  
               POST-certified crisis intervention training on mental  
               health and require their officers to complete  
               additional mental health training in addition to the  
               state-mandated minimums.

               SB 11 would require 20 additional hours of training as  
               part of basic peace officer education and four  
               additional hours of perishable skills training on  
               mental health issues.  While CSSA does not necessarily  
               oppose alterations to training requirements, this bill  
               simply adds a time-based requirement without the  
               benefit of knowing where gaps and deficiencies in  
               existing training mandates may exist.  More training  
               for the sake of more training may not be beneficial  
               and may come at the expense of other, more necessary  
               training.

               POST, in conjunction with law enforcement, is in the  
               process of examining mental health training courses  
               and requirements to ascertain if there are issues that  
               need to be addressed.  Although we appreciate the  
               desire to improve interactions between law enforcement  
               and persons with mental health issues, SB 11  









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               represents a premature, unfunded mandate that offers  
               no guarantee of providing the appropriate training to  
               the right officers.

                                      -- END --