BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 11| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 11 Page 2 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 SB 11 Page 3 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, SB 11 Page 4 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 SB 11 Page 5 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 SB 11 Page 6 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 SB 11 Page 7 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) SB 11 Page 8 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 SB 11 Page 9 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, SB 11 Page 10 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 ****