SB 29,
as amended, Beall. begin deleteEmployment: sick leave. end deletebegin insertPeace officer training: mental health.end insert
Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.
end insertbegin insertThis bill would require POST to require field training officers who are instructors for the field training program to have 40 hours of evidence-based behavioral health training, as specified. The bill would also require POST to require the field training program to include a 20-hour evidence-based behavioral health training course relating to law enforcement interaction with persons with mental illness or intellectual disability.
end insertbegin insertBy imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law requires an employer to allow an employee to use his or her sick leave to care for an ill spouse, domestic partner, parent, or child, as defined.
end deleteThis bill would make technical, nonsubstantive changes to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 13515.28 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
(a) The Commission on Peace Officer Standards
4and Training shall require the field training officers who provide
5instruction in the field training program to have 40 hours of
6evidence-based behavioral health training to deescalate a situation
7where an officer is confronting persons with mental illness or
8intellectual disability.
9(b) This evidence-based behavioral health training course shall
10address issues relating to stigma, shall be culturally relevant and
11appropriate, and shall include all of the following topics:
12(1) The cause and nature of mental illnesses and intellectual
13disabilities.
14(2) (A) How to identify indicators of mental illness, intellectual
15disability, and substance use disorders.
16(B) How to distinguish between mental illness, intellectual
17disability, and substance use disorders.
18(C) How to respond appropriately in a variety of situations
19involving persons with mental illness, intellectual disability, and
20substance use disorders.
21(3) Conflict resolution and deescalation techniques for
22potentially dangerous situations.
P3 1(4) Appropriate language usage when interacting with
2potentially emotionally distressed persons.
3(5) Community and state resources available to serve persons
4with mental illness or intellectual disability, and how these
5resources can be
best utilized by law enforcement.
6(6) The perspective of individuals and families with lived
7experiences with persons with mental illness, intellectual disability,
8and substance use disorders.
begin insertSection 13515.29 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) The Commission on Peace Officer Standards
11and Training shall require as part of its field training program a
1220-hour evidence-based behavioral health training course relating
13to law enforcement interaction with persons with mental illness
14or intellectual disability.
15(b) This evidence-based behavioral health training course shall
16address issues relating to stigma, shall be culturally relevant and
17appropriate, and shall include all of the following topics:
18(1) The cause and nature of mental illnesses and intellectual
19disabilities.
20(2) (A) How to identify indicators of mental illness,
intellectual
21disability, and substance use disorders.
22(B) How to distinguish between mental illness, intellectual
23disability, and substance use disorders.
24(C) How to respond appropriately in a variety of situations
25involving persons with mental illness, intellectual disability, and
26substance use disorders.
27(3) Conflict resolution and deescalation techniques for
28potentially dangerous situations.
29(4) Appropriate language usage when interacting with
30potentially emotionally distressed persons.
31(5) Community and state resources available to serve persons
32with mental illness or intellectual disability, and how these
33resources can be best utilized by law enforcement.
34(6) The perspective of individuals and families with lived
35experiences with persons with mental illness, intellectual disability,
36and substance use disorders.
37(c) The performance of trainees in the field training program
38shall be demonstrated by successful resolution of a critical incident
39scenario, including contact with an individual experiencing a
40crisis.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
Section 233 of the Labor Code is amended to
7read:
(a) Any employer who provides sick leave for employees
9shall permit an employee to use in any calendar year the
10employee’s accrued and available sick leave entitlement, in an
11amount not less than the sick leave that would be accrued during
12six months at the employee’s then current rate of entitlement, to
13attend to an illness of a child, parent, spouse, or domestic partner
14of the employee. All conditions and restrictions placed by the
15employer upon the use by an employee of sick leave also shall
16apply to the use by an employee of sick leave to attend to an illness
17of his or her child, parent, spouse, or domestic partner. This section
18does not extend the maximum period of leave to which an
19employee is entitled under Section 12945.2 of the Government
20Code or under the federal Family and Medical
Leave Act of 1993
21(29 U.S.C. Sec.
2601 et seq.), regardless of whether the employee
22receives sick leave compensation during that leave.
23(b) As used in this section:
24(1) “Child” means a biological, foster, or adopted child, a
25stepchild, a legal ward, a child of a domestic partner, or a child of
26a person standing in loco parentis.
27(2) “Employer” means any person employing another under
28any appointment or contract of hire and includes the state, political
29subdivisions of the state, and municipalities.
30(3) “Parent” means a biological, foster, or adoptive parent, a
31stepparent, or a legal guardian.
32(4) “Sick leave” means accrued increments of compensated
33leave provided by an employer to an
employee as a benefit of the
34employment for use by the employee during an absence from the
35employment for any of the following reasons:
36(A) The employee is physically or mentally unable to perform
37his or her duties due to illness, injury, or a medical condition of
38the employee.
39(B) The absence is for the purpose of obtaining professional
40diagnosis or treatment for a medical condition of the employee.
P5 1(C) The absence is for other medical reasons of the employee,
2such as pregnancy or obtaining a physical examination.
3“Sick leave” does not include any benefit provided under an
4employee welfare benefit plan subject to the federal Employee
5Retirement Income Security Act of 1974 (Public Law 93-406, as
6amended) and does not include any insurance benefit, workers’
7compensation
benefit, unemployment compensation disability
8benefit, or benefit not payable from the employer’s general assets.
9(c) No employer shall deny an employee the right to use sick
10leave or discharge, threaten to discharge, demote, suspend, or in
11any manner discriminate against an employee for using, or
12attempting to exercise the right to use, sick leave to attend to an
13illness of a child, parent, spouse, or domestic partner of the
14employee.
15(d) Any employee aggrieved by a violation of this section shall
16be entitled to reinstatement and actual damages or one day’s pay,
17whichever is greater, and to appropriate equitable relief.
18(e) Upon the filing of a complaint by an employee, the Labor
19Commissioner shall enforce the provisions of this section in
20accordance with the provisions of Chapter 4 (commencing with
21Section 79) of
Division 1, including, but not limited to, Sections
2292, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee
23may bring a civil action for the remedies provided by this section
24in a court of competent jurisdiction. If the employee prevails, the
25court may award reasonable attorney’s fees.
26(f) The rights and remedies specified in this section are
27cumulative and nonexclusive and are in addition to any other rights
28or remedies afforded by contract or under any other provisions of
29law.
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