BILL ANALYSIS Ó SB 11 Page 1 SENATE THIRD READING SB 11 (Beall and Mitchell) As Amended August 28, 2015 Majority vote SENATE VOTE: 38-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Nazarian, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Quirk, Rendon, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | SB 11 Page 2 ------------------------------------------------------------------ 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 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; SB 11 Page 3 d) The perspective of individuals and/or families with experiences with persons with mental illness, intellectual disability, and substance use disorders; and, 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 SB 11 Page 4 disability, and substance use disorders; 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. 9)Requires POST to make the continuing training course on mental illness available to every law enforcement officer with the rank of supervisor or below and who is assigned to patrol duties or to supervise officers who are assigned to patrol duties.. SB 11 Page 5 EXISTING LAW: 1)Establishes the Commission on Peace Officer Training and Standards. 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. 3)Empowers POST to develop and implement programs to increase the effectiveness of law enforcement. 4)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. 5)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 SB 11 Page 6 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 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 crime. FISCAL EFFECT: According to the Assembly Appropriations Committee, course development cost of $350,000 (Post Officer Training Fund) to POST for the refresher course. SB 11 Page 7 COMMENTS: 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." Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001683