BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                         SB 11|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  SB 11
          Author:   Beall (D) and Mitchell (D), et al.
          AmendedAmended:6/1/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/7/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Peace officer training: mental health


          SOURCE:    United Domestic Workers of America


          DIGEST:  This bill requires 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 four-hour  
          evidence-based behavioral health training course, as specified,  
          as part of the total hours required for perishable skills  
          training.


          ANALYSIS:   


          Existing law: 


          1)Requires every undersheriff or deputy sheriff of a county, any  








                                                                      SB 11  
                                                                    Page  2


            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 (POST) 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).)  


          2)Requires every peace officer listed in subdivision (a) of  
            Penal Code Section 830.1, as specified, to obtain the basic  
            certificate issued by POST 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).)  


          3)Requires, with limited exceptions: 


                 Every peace officer listed in Penal Code Section  
               830.1(a) 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.


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

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

          1)Requires applicants for the award of a basic certificate to:

                 Be employed as a full-time peace officer by a  







                                                                      SB 11  
                                                                    Page  3


               POST-participating department.

                 Completed the Regular Basic Course, which 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.)

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

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

          1)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)

          2)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  
            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:  (a) the cause and nature  
            of mental illnesses and developmental disabilities;  (b) how  
            to identify indicators of mental disability and how to respond  







                                                                      SB 11  
                                                                    Page  4


            appropriately in a variety of common situations; (c) conflict  
            resolution and de-escalation techniques for potentially  
            dangerous situations involving mentally disabled persons; (d)  
            appropriate language usage when interacting with mentally  
            disabled persons; (e) alternatives to lethal force when  
            interacting with potentially dangerous mentally disabled  
            persons;  (f) 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, (g) 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.)

          3)Requires 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 four hours of each  
            of the three following topical areas must be completed:  (a)  
            Arrest and Control; (b) Driver Training/Awareness or Driving  
            Simulator; and, (c) Tactical Firearms or Force Options  
            Simulator.  (11 C.C.R. 1005 (2015).)

          This bill:

          1)Requires POST to include in its basic training course 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  
            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.

          2)Requires POST to establish and keep updated an evidence-based  
            behavioral health continuing training course.  

          3)Requires that this evidence-based behavioral health training  
            course be a minimum of four consecutive hours every four  







                                                                      SB 11  
                                                                    Page  5


            years.  

          Background

          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 40  
          hours.  This bill increases the amount of behavioral health  
          training that officers receive during regular basic training and  
          mandates four consecutive hours of behavioral health training  
          every four years. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 


          POST impact:  One-time costs for course development of $120,000  
          to $350,000 (Peace Officers' Training Fund).  Ongoing annual  
          costs of $525,000 (Peace Officers' Training Fund), increasing in  
          future years to reflect enrollment growth. 

          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  







                                                                      SB 11  
                                                                    Page  6


          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 bill and SB 29 (Beall, 2015).


          SUPPORT:   (Verified  6/1/15)


          United Domestic Workers of America (source)
          American Association for Marriage and Family Therapy, California  
          Division
          American Civil Liberties Union of California
          American Federation of State, County and Municipal Employees
          Association for Los Angeles Deputy Sheriffs
          Association of Regional Center Agencies
          California Association of Code Enforcement Officers
          California Association of Highway Patrolmen
          California Attorneys for Criminal Justice
          California Child Care Health Program
          California Coalition for Mental Health
          California College and University Police Chiefs Association
          California Correctional Supervisors Organization
          California Council of Community Mental Health Agencies
          California Crisis Intervention Training Association
          California Long-Term Care Ombudsman Association
          California Medical Association
          California Narcotics Officers Association
          California Public Defenders Association
          California State Lodge, Fraternal Order of Police
          City of San Jose
          County Behavioral Health Directors Association
          County of Santa Clara
          Disability Action Coalition
          Disability Rights California
          Donald Rocha, San Jose City Councilmember
          Jeffrey F. Rosen, District Attorney of Santa Clara County
          Long Beach Police Officers Association







                                                                      SB 11  
                                                                    Page  7


          Los Angeles County Professional Peace Officers Association
          Los Angeles Deputy Sheriffs
          Los Angeles Police Protective League
          Mental Health America of California
          National Alliance on Mental Illness
          National Association of Social Workers
          North Los Angeles County Regional Center
          Riverside Sheriffs Association
          Sacramento County Deputy Sheriffs' Association
          Santa Ana Police Officers Association
          Steinberg Institute
          The Arc and United Cerebral Palsy California Collaboration


          OPPOSITION:   (Verified5/28/15)


          California State Sheriffs' Association

          ARGUMENTS 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. 







                                                                      SB 11  
                                                                    Page  8



          ARGUMENTS 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.

               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  







                                                                      SB 11  
                                                                    Page  9


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


          Prepared by:Jessica  Devencenzi / PUB. S. / 
          6/1/15 11:21:29


                                   ****  END  ****