BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 11


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          Date of Hearing:  July 14, 2015


          Counsel:               David Billingsley








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          11 (Beall) - As Amended July 8, 2015





          SUMMARY:  Requires The Commission on Peace Officer Standards and  
          Training (POST) to establish a training course on law  
          enforcement interaction with persons with mental illness as part  
          of its basic training course, that is at least 15 hours.   
          Requires POST to have a three hour continuing education course  
          on the same subject matter.  Specifically, this bill:  


          1)Requires POST to review the training module in the regular  
            basic course relating to persons with a mental illness,  
            intellectual disability, or substance use disorder, and  








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            analyze existing training curricula in order to identify areas  
            where additional training is needed to better prepare law  
            enforcement to effectively address incidents involving  
            mentally disabled persons.

          2)Specifies that upon identifying what additional training is  
            needed, the commission shall update the training in  
            consultation with appropriate community, local, and state  
            organizations, and agencies that have expertise in the area of  
            mental illness, intellectual disability, and substance use  
            disorders, and with appropriate consumer and family advocate  
            groups.



          3)States that the training shall address issues related to  
            stigma, shall be culturally relevant and appropriate, and  
            shall include all of the following topics:



             a)   Recognizing indicators of mental illness, intellectual  
               disability, and substance use disorders;

             b)   Conflict resolution and de-escalation techniques for  
               potentially dangerous situations;



             c)   Use of force options and alternatives;



             d)   The perspective of individuals and/or families with  
                lived  experiences with persons with mental illness,  
               intellectual disability, and substance use disorders; and,











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             e)   Mental health resources available to the first  
               responders of events that involve mentally disabled  
               persons.



          4)Requires the course of instruction to be at least 15 hours,  
            and shall include training scenarios and facilitated learning  
            activities relating to law enforcement interaction with  
            persons with mental illness, intellectual disability, and  
            substance use disorders.

          5)Specifies that the course shall be presented within the  
            existing hours allotted for the regular basic law enforcement  
            training course.



          6)States that POST shall implement this course on, or before,  
            August 1, 2016.



          7)Specifies that POST shall establish and keep updated a  
            promising or evidence-based behavioral health continuing  
            training course relating to law enforcement interaction with  
            persons with mental illness.



          8)Requires that the continuing training course be three  
            consecutive hours and address issues related to stigma, shall  
            be culturally relevant and appropriate, and shall include all  
            of the following topics:



             a)   The cause and nature of mental illness, intellectual  
               disability, and substance use disorders;








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             b)   How to identify indicators of mental illness,  
               intellectual disability, and substance use disorders;



             c)   How to distinguish between mental illness, intellectual  
               disability, and substance use disorders;



             d)   How to respond appropriately in a variety of situations  
               involving persons with mental illness, intellectual  
               disability, and substance use disorders;



             e)   Conflict resolution and de-escalation techniques for  
               potentially dangerous situations;



             f)   Appropriate language usage when interacting with  
               potentially emotionally distressed persons;



             g)   Community and state resources available to serve persons  
               with mental illness or intellectual disability, and how  
               these resources can be best utilized by law enforcement;  
               and,



             h)   The perspective of individuals and families with lived  
               experiences with persons with mental illness, intellectual  
               disability, and substance use disorders.










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          9)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 continuing training course every four years.
          EXISTING LAW:  



          1)Establishes the Commission on Peace Officer Training and  
            Standards.  (Pen. Code, § 13500.)



          2)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).)



          3)Empowers POST to develop and implement programs to increase  
            the effectiveness of law enforcement.  (Pen. Code, §13503.)



          4)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  
            moral fitness and training that shall govern the recruitment  
            of any peace officers in California.  (Pen. Code, § 13510,  
            subd. (a).)



          5)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.   








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            (Pen. Code, § 13510, subd. (b).)


          6)Requires POST to establish a certification program for peace  
            officers, which shall be considered professional certificates.  
             (Pen. Code, § 13510.1, subd. (a).)


          7)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.  (Pen. Code,  
            § 13517.)





          8)States that POST shall 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.  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.  (Pen. Code, §  
            13519.2)



          9)Specifies that POST 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  








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            protection of the victim.  (Pen. Code, § 13519.) 



          10)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.  (Pen. Code, §  
            13519.6.)



          11)States that 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.  (Pen. Code, § 13519.4.)

          12)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.  (Pen. Code, § 13516.)



          13)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: 





             a)   The cause and nature of mental illnesses and  
               developmental disabilities; (Pen.Code, § 13515.25.) 

             b)   How to identify indicators of mental disability and how  
               to respond appropriately in a variety of common situations;  
               (Pen.Code, § 13515.25.)



             c)   Conflict resolution and de-escalation techniques for  
               potentially dangerous situations involving mentally  
               disabled persons; (Pen.Code, § 13515.25.)



             d)   Appropriate language usage when interacting with  
               mentally disabled persons; (Pen.Code, § 13515.25.)



             e)   Alternatives to lethal force when interacting with  
               potentially dangerous mentally disabled persons; (Pen.Code,  
               § 13515.25.)











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             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, (Pen.Code, § 13515.25.)



             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 crime.  (Pen.Code, § 13515.25.)


          FISCAL EFFECT:  Unknown.





          COMMENTS:  



          1)Author's Statement:  According to the author, "People with  
            mental illnesses or intellectual disabilities are involved in  
            nearly half of all police shootings. Yet the California Peace  
            Officer Standard and Training Curriculum mandates only six  
            hours of mental health training; and there is no requirement  
            to include mental health training in an officer's continuing  
            education. SB 11 responds to the public's demand to increase  
            safety 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, SB 11  
            acknowledges California's diverse populations by requiring  
            training to be culturally appropriate."

          2)POST Training Requirements:  POST was created by the  
            legislature in 1959 to set minimum selection and training  
            standards for California law enforcement.  (Pen. Code, §  








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            13500, subd. (a).)  Their mandate includes establishing  
            minimum standards for training of peace officers in  
            California.  (Pen. Code § 13510, subd. (a).)  As of 1989, all  
            peace officers in California are required to complete an  
            introductory course of training prescribed by POST, and  
            demonstrate completion of that course by passing an  
            examination.  (Pen. Code, § 832, subd. (a).)  



          According to the POST Web site, the Regular Basic Course  
            Training includes 42 separate topics, ranging from juvenile  
            law and procedure to search and seizure.  (POST, Regular Basic  
            Course Training Specifications;  
            http://post.ca.gov/regular-basic-course-training-specifications 
            .aspx  .)  These topics are taught during a minimum of 664 hours  
            of training.  [POST, Regular Basic Course, Course Formats,  
            available at:  (  http://post.ca.gov/regular-basic-course.aspx  .)  
             Over the course of the training, individuals are trained not  
            only on policing skills such as crowd control, evidence  
            collection and patrol techniques, they are also required to  
            recall the basic definition of a crime and know the elements  
            of major crimes.   This requires knowledge of the California  
            Penal code specifically
          3)Current Mandatory POST Instruction Related to Mental Health  
            Issues: POST introductory training includes a section called,  
            Individuals with Disabilities.  It is the segment of academy  
            training focused on police officers' interactions with people  
            with disabilities. These six hours of instruction (less than  
            ten percent of academy training hours) cover a wide spectrum  
            of disability-related topics, including understanding and  
            identifying various types of disabilities (developmental,  
            physical and psychiatric) and reviewing state and federal  
            disability laws and individuals rights protections.  Also  
            included in the six hours is instruction on interacting with  
            people with mental health disabilities and the involuntary  
            commitment process.  Aside from the material contained in this  
            six hours of instruction, there is no requirement in  
            California law or by POST that officers receive any additional  








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            or periodic refresher training in interacting with individuals  
            with a mental health disability. (An Ounce of Prevention:  Law  
            Enforcement Training Mental Health Crisis Intervention, (2014)  
            Disability Rights California, p. 7.)   
             http://www.disabilityrightsca.org/pubs/CM5101.pdf  

            This training in Individuals with Disabilities is not  
            narrowly focused on matters pertaining to individuals  
            with mental health disabilities.   It 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.




          4)Discretionary POST Instruction Related to Mental Health  
            Issues:  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%).

          5)Frequency of Law Enforcement Contacts Involving Mental Health  
            Issues:  Law enforcement officers are often the first  
            responders to mental health crisis calls; they respond to 911  








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            calls ranging from suicide attempts to individuals potentially  
            endangering themselves or others. Studies confirm that the  
            volume of calls to law enforcement involving crisis mental  
            health concerns have been increasing in the past decade.   
            Mental health crisis calls also take more officer time to  
            resolve.  More than eighty percent of the agencies that  
            Disability Rights California surveyed report that officers  
            spend more time on these calls.  Nearly 4 out of 10 agencies  
            estimated that officers spend two hours or more on mental  
            health calls.  This means that on a typical day, officers can  
            spend 1/3 of their time in interactions which would  
            necessitate skills in crisis intervention and de-escalation.   
            Beyond crisis calls, officers routinely respond to calls where  
            they are required to determine whether a person meets the  
            criteria for involuntary detention for psychiatric assessment  
            and treatment (otherwise known as 5150). Even standard crime  
            scene calls require officers to use skills to de-escalate  
            potentially volatile situations when interacting with members  
            of the public. (An Ounce of Prevention:  Law Enforcement  
            Training Mental Health Crisis Intervention, (2014) Disability  
            Rights California, p. 37.)

          Recognizing the inadequacy of academy training requirements,  
            many law enforcement agencies throughout the state have  
            augmented their training programs to provide officers with  
            additional training after the academy in responding to people  
            with mental health disabilities in crisis.  Augmented training  
            varies widely but generally includes information on  
            recognizing the symptoms of a psychiatric disability and  
            methods for how to interact with an individual in crisis,  
            including specific de-escalation techniques. Topics covered in  
            a typical Crisis Intervention Training (CIT) training program  
            are not otherwise mandated in California or required at any  
            level of officer training.  Police chiefs and senior officers  
            consistently report that their personnel are better equipped  
            at handling mental health crisis calls after participating in  
            CIT training.  Furthermore, jurisdictions in which officers  
            receive CIT training report fewer  injuries, fewer incidents  
            requiring use of force, and better outcomes for their officers  








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            and community members. (An Ounce of Prevention:  Law  
            Enforcement Training Mental Health Crisis Intervention, (2014)  
            Disability Rights California, p. 38-39.)

          6)Interim Report of the President's Task Force on 21st Century  
            Policing (2013):  The Task Force was Co-Chaired by Charles  
            Ramsey, Commissioner, Philadelphia Police Department and  
            Laurie Robinson, Professor, George Mason University.  The nine  
            members of the task force included individuals from law  
            enforcement and civil rights communities.  The stated goal of  
            the task force was ". . . to strengthen community policing and  
            trust among law enforcement officers and the communities they  
            served, especially in light of recent events around the county  
            that have underscored the need for and importance of lasting  
            collaborative relationships between local police and the  
            public." (Interim Report of the President's Task Force on 21st  
            Century Policing (2015), p. v.)  Based on based on their  
            investigation, the Task Force provided thoughts and  
            recommendations on a variety of issues.  Following is the Task  
            Force's recommendation on Crisis Intervention Training:

          5.6 RECOMMENDATION:  POSTs should make Crisis Intervention  
            Training (CIT) a part of both basic recruit and in-service  
            officer training. Crisis intervention training (CIT) was  
            developed in Memphis, Tennessee, in 1988 and has been shown to  
            improve police ability to recognize symptoms of a mental  
            health crisis, enhance their confidence in addressing such an  
            emergency, and reduce inaccurate beliefs about mental illness.  
            It has been found that after completing CIT orientation,  
            officers felt encouraged to interact with people suffering a  
            mental health crisis and to delay their "rush to resolution."   
            Dr. Randolph Dupont, Chair of the Department of Criminology  
            and Criminal Justice at the University of Memphis, spoke to  
            the task force about the effectiveness of the Memphis Crisis  
            Intervention Team (CIT), which stresses verbal intervention  
            and other de-escalation techniques. Noting that empathy  
            training is an important component, Dr. Dupont said the  
            Memphis CIT includes personal interaction between officers and  
            individuals with mental health problems. Officers who had  








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            contact with these individuals felt more comfortable with  
            them, and hospital mental health staff who participated with  
            the officers had more positive views of law enforcement. CIT  
            also provides a unique opportunity to develop  
            cross-disciplinary training and partnerships. (Interim Report  
            of the President's Task Force on 21st Century Policing (2015),  
            p. 56.)

          7)Amendments:  The amendments of July 8, 2015, reduced the  
            mental health training requirement to a minimum of 15 hours  
            for new law enforcement officers.  The amendments also reduced  
                                                                the length of the continuing education course to three hours. 

          8)Argument in Support:  According to California Coalition for  
            Mental Health (CCMH), "As you know, in the course of their  
            duties, law enforcement officers often encounter persons  
            living with a mental health condition.  Unfortunately, new  
            officers are sent into the field with a very little training  
            on how best to interact with persons who may be experiencing  
            issues related to their mental health.  Of similar concern is  
            the fact that existing officers receive little if any ongoing  
            training in this important skill set after they leave their  
            academies.  CCMH believes that mandating increased training  
            for officers is an essential part of a broader strategy to  
            reduce the likelihood of tragic encounters between law  
            enforcement and persons experiencing mental health issues."

          9)Argument in Opposition:  According to According to California  
            State Sheriffs' Association, "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 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.









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

          10)Related Legislation: SB 29 (Beal), of the 2015-16 Legislative  
            Session,  would require 20 hours of POST training for field in  
            to deal the individuals with mental health issues.   SB 29  
            will be heard in this committee today.
           
          11)Prior Legislation:  AB 1718 (Hertzberg), Chapter 95, Statutes  
            of 2000, required that POST establish, and keep updated, a  
            continuing education classroom training course related to law  
            enforcement intervention with developmentally disabled and  
            mentally ill persons and that the course be developed in  
            consultation with specified groups and entities.

          REGISTERED SUPPORT / OPPOSITION:





          Support









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          United Domestic Workers of America/AFSCME Local 3930  
          (Co-Sponsor)
          America Association for Marriage and Family Therapy, California  
          Division


          American Civil Liberties Union of California
          AFSCME
          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 Association of Highway Patrolmen
          California Attorneys for Criminal Justice
          California College and University Police Chiefs Association
          California Council of Community Mental Health Agencies
          California Coalition for Mental Health
          California Correctional Supervisors Organization
          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
          Contra Costa County Board of Supervisors
          County Behavioral Health Directors Association
          Deputy Sheriffs' Association
          Disability Action Coalition
          Disability Rights California
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Mental Health America of California
          National Alliance on Mental Illness - California








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          National Alliance on Mental Illness - San Fernando Valley
          National Alliance on Mental Illness - Santa Clara
          National Alliance on Mental Illness - Ventura County
          National Association of Social Workers
          Donald Rocha, San Jose City Councilmember, District 9
          Riverside Sheriffs Association
          Steinberg Institute
          Sacramento County Deputy Sheriffs' Association
          Santa Ana Police Officers Association
          Santa Clara County District Attorney
          Steinberg Institute
          2 Private Individuals

          Opposition


          


          California State Sheriffs' Association



          Analysis Prepared by:David Billingsley / PUB. S. / (916)  
          319-3744