BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 11 (Beall) - Peace officer training: mental health ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 15, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. Bill Summary: SB 11 would require the Commission on Peace Officer Standards and Training (POST) to develop behavioral health training courses, as specified, to be completed by law enforcement officers, as follows: Twenty additional hours of behavioral health classroom training in addition to the current hour requirement for peace officers in the academy. Four consecutive hours of behavioral health continuing training every four years, as specified, as part of the requirement for perishable skills training for all officers with rank of supervisor or below, as specified. Fiscal Impact (as approved May 28, 2015): POST impact : One-time costs for course development of $120,000 to $350,000 (Special Fund*). Ongoing annual costs of $525,000 (Special Fund*), increasing in future years to reflect enrollment growth. SB 11 (Beall) Page 1 of ? Mandated law enforcement training : Potentially major state-reimbursable local costs in the low millions of dollars annually to backfill for missed work hours for officers to attend the continuing education training. There are currently 482 cities and 58 counties in California employing about 77,000 sworn peace officers. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs (General Fund). Costs to backfill for missed work hours for all officers with rank supervisor or below are estimated to cost in the range of $10 million over a four-year period. May Revision 2015-16 : Reflects the continued suspension of reimbursements to local law enforcement to backfill behind officers participating in training. Reimbursement for per diem and travel will be reinstated however, and these costs are not included in the potential state-reimbursable mandated costs noted above. Senate Budget Subcommittee No. 5 action : Rejected $40 million in city law enforcement grants and instead approved $10 million General Fund to POST to assist in funding the initial costs of the provisions of this measure and SB 29 (Beall). *Peace Officers' Training Fund Background: Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons. The current POST training curriculum for prospective officers mandates 664 hours (16 weeks) of training. Under current law, officers receive six hours of POST-approved training on how to interact with persons with mental illness and developmental disabilities as part of the Regular Basic Training Course, as required by Penal Code § 13519.2. While there is no mandatory continuing education requirement, POST offers a variety of courses relating to mental health. According to information SB 11 (Beall) Page 2 of ? provided by POST, there are currently 38 mental health certified courses available to California law enforcement. These courses range in duration from four to 40 hours. The 2015-16 May Revision budget for POST reflects a slight increase to the current reduction of contracted, nonmandated training courses and continuation of the suspension of reimbursements for local law enforcement to backfill behind officers participating in training. The proposed reduction should not further impact the current training services offered, as it is a continuation of existing reductions or reduced level of services. The proposed reduction, coupled with the delinquentdebt amnesty program, will allow the Commission to reinstate reimbursement of travel and per diem costs of approximately $4.4 million a reimbursement that has been suspended since January 2014 which will help reduce the cost of training for local law enforcement agencies. Proposed Law: This bill would mandate the following behavioral health training for peace officers: Requires POST to establish and keep updated a promising or 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. Requires that the behavioral health classroom training course to take place in the academy, be at least 20 hours long, and be in addition to the basic training course's current hour requirement. Requires POST to establish and keep updated a behavioral health continuing training course relating to law enforcement interaction with persons with mental illness that is equivalent in its importance to perishable skills training. Requires the course to be at least four consecutive hours in duration and address issues related to stigma, be SB 11 (Beall) Page 3 of ? culturally relevant and appropriate, and included specified topics. Requires each law enforcement officer with a rank of supervisor or below and who is assigned to patrol duties or to supervise officers who are assigned to patrol duties to complete the course every four years. Related Legislation: SB 29 (Beall) 2015 would mandate field training requirements. This bill is scheduled to be heard today by this Committee. Prior Legislation: AB 1718 (Hertzberg) Chapter 95/2000 required POST to establish and update a continuing education classroom training course regarding persons with developmental disabilities or mental illness. SB 2049 (Vasconcellos) 1998 would have required the POST to provide a training course on persons with developmental disabilities or mental illness to law enforcement officers every four years and to require that custodial staff employed in private correctional companies receive the training certified under the CCPOST. This bill was vetoed by the Governor with the following message: This bill would require the Commission on Peace Officer Standards and Training (POST), to provide additional training every four years in the handling of persons with developmental disabilities or mental illness. This bill would also require custodial officers employed in privately operated correctional facilities housing state inmates, to satisfactorily complete a basic course of training certified by the Commission on Correctional Peace Officers' Standards and Training (CPOST). This bill is unnecessary. Current law (Penal Code Section 13519.2), already requires POST to include within their basic training course for law enforcement officers adequate SB 11 (Beall) Page 4 of ? instruction in the handling of persons with developmental disabilities or mental illness, or both. That same Penal Code Section requires additional training to update this instruction as necessary. POST has developed telecourses on this topic in 1990 and 1995. This bill would impose an unfunded mandate on local law enforcement agencies and hamper their flexibility to provide local training needs that may have a higher priority. The Department of Corrections currently requires custodial officers employed in privately operated correctional facilities housing state inmates, to complete the Correctional Monitor Training course provided by the Board of Corrections. I am in favor of ensuring that those individuals are properly trained. However, as these custodial officers are not designated as peace officers, significant differences exist between their duties and powers and those of correctional officers employed in state prisons. As such, I am not convinced that CPOST is the appropriate entity to be establishing those standards. Staff Comments: POST has indicated this bill does not provide supplemental funding for development of the training. Dependent on the type of training developed by POST to satisfy the proposed training requirement, the cost to POST could range from $120,000 to $350,000. The cost to increase the minimum hours of the basic training by 20 hours would be approximately $150 per student. With an average of 3,500 students per year that attend the regular basic course, the average annual reimbursement expense to POST could be as high as $525,000. This figure will rise as enrollments continue to increase. POST has indicated concerns due to the continuing decline in revenue to the State Penalty Fund, which is the source from which the Peace Officers' Training Fund receives the funding for POST operations and provides aid to local law enforcement agencies that participate in the POST Program. The 2015-16 Governor's Budget includes a reduction of $5.3 million and 36.9 positions beginning in 2015-16 to help with the long-term solvency of the Peace Officers' Training Fund (POTF). SB 11 (Beall) Page 5 of ? Staff notes the POTF continues to operate at a deficit, with a projected year-end balance of $7.1 million in 2014-15, declining further to $3.6 million in 2015-16. In addition to the costs to POST, law enforcement agencies would incur additional costs to backfill for hours that the officers spend in the continuing education training. Several test claims related to law enforcement training (elder abuse, racial profiling, and sexual harassment) have been determined by the Commission on State Mandates to be reimbursable state mandates, requiring reimbursement from the state for associated costs. It is estimated the provisions of this bill would result in ongoing costs likely in the low millions of dollars annually for these activities. As the bill authorizes mandated training of at least four hours, to the extent the training hours established exceed four hours, the level of potentially state-reimbursable costs would also increase. Author amendments (as adopted May 28, 2015): Strike out the words "at least" in two sections of the bill to clarify only 20 additional hours of training in the academy and only four hours of behavioral health continuing education training every four years. Add coauthors. -- END --