BILL ANALYSIS Ó SB 11 Page 1 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 SB 11 Page 2 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 withlivedexperiences with persons with mental illness, intellectual disability, and substance use disorders; and, SB 11 Page 3 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; SB 11 Page 4 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. SB 11 Page 5 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. SB 11 Page 6 (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 SB 11 Page 7 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 SB 11 Page 8 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.) SB 11 Page 9 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, § SB 11 Page 10 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 SB 11 Page 11 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 SB 11 Page 12 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 SB 11 Page 13 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 SB 11 Page 14 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. SB 11 Page 15 "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 SB 11 Page 16 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 SB 11 Page 17 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