BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 11
          Author:   Beall (D) and Mitchell (D), et al.
          Amended:  8/28/15  
          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

           SENATE FLOOR:  38-0, 6/2/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Pan, Runner

           ASSEMBLY FLOOR:  79-1, 9/1/15 - See last page for vote

           SUBJECT:   Peace officer training:  mental health


          SOURCE:    United Domestic Workers of America

          DIGEST:   This bill requires the Commission on Peace Officer  
          Standards and Training (POST) to: (1) establish a training  
          course, that is at least 15 hours on law enforcement interaction  
          with persons with mental illness, as part of its basic training  
          course; and, (2) have a three-hour continuing education course  
          on the same subject matter.  

          Assembly Amendments (1) reduce the required 20-hour  








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          evidence-based behavioral health classroom training course  
          during basic training to 15 hours; (2) state that the 15 hours  
          is part of the current hourly training requirement; and, (3)  
          reduce the required four-hour evidence-based behavioral health  
          continual training to three hours. 

          ANALYSIS:
               
          Existing law: 

          1)Requires every undersheriff or deputy sheriff of a county, any  
            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 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, in Section 1011 of Title 11 of the California Code  
            of Regulations,with limited exceptions:

             a)   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.  

             b)   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.

             c)   Every peace officer appointed by a department  








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               participating in the POST Program must possess the  
               appropriate basic certificate. 

          4)Requires, in Section 1011 of Title 11 of the California Code  
            of Regulations, applicants for the award of a basic  
            certificate to:

             a)   Be employed as a full-time peace officer by a  
               POST-participating department.

             b)   Completed the Regular Basic Course, which is the  
               entry-level training requirement for many California peace  
               officers, as specified in POST Regulation 1005.  

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

          5)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)

          6)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,  








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            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.  (Penal Code § 13515.25.)

          7)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 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  








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            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  
               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  








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            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, as  
            specified.

          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.

          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 three consecutive hours of behavioral health training. 

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

          Unknown due to recent amendments.

          SUPPORT:   (Verified9/1/15)


          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








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          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
          Los Angeles County Professional Peace Officers Association
          Los Angeles Deputy Sheriffs
          Los Angeles Police Protective League
          Los Angeles Urban 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
          State Council on Developmental Disabilities
          Steinberg Institute
          The Arc and United Cerebral Palsy California Collaboration


          OPPOSITION:   (Verified9/1/15)










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          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. 

          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  








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            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 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.

           ASSEMBLY FLOOR:  79-1, 9/01/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  








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            Gordon, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NOES: Gray


          Prepared by:Jessica  Devencenzi / PUB. S. / 
          9/2/15 9:24:05
                                   ****  END  ****