BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 11|
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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