BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 29 Hearing Date: April 7, 2015
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|Author: |Beall |
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|Version: |March 23, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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Subject: Peace Officer Training: Mental Health
HISTORY
Source: Author
Prior Legislation:None known
Support: The Arc and United Cerebral Palsy California
Collaboration; Association of Regional Center
Agencies; California Attorneys for Criminal Justice;
California Medical Association; Disability Rights
California; Steinberg Institute; United Domestic
Workers of America
Opposition:California State Sheriffs' Association
PURPOSE
The purpose of this legislation is to require (1) law
enforcement field training officers to have 40 hours of
evidence-based behavioral health training, as specified; and,
(2) 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.
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Peace Officer Standards and Training
Existing law creates, in the Department of Justice, a Commission
on Peace Officer Standards and Training (POST). The POST
commission consists of 15 members appointed by the Governor,
after consultation with, and with the advice of, the Attorney
General and with the advice and consent of the Senate. Racial,
gender, and ethnic diversity shall be considered for all
appointments to the commission. (Penal Code § 13500.)
Existing law provides POST with the following powers:
To meet at those times and places as it may deem proper.
To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be
necessary.
To contract with other agencies, public or private, or
persons as it deems necessary, for the rendition and
affording of those services, facilities, studies, and
reports to the commission as will best assist it to carry
out its duties and responsibilities.
To cooperate with and to secure the cooperation of
county, city, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.
To develop and implement programs to increase the
effectiveness of law enforcement and when those programs
involve training and education courses to cooperate with
and secure the cooperation of state-level officers,
agencies, and bodies having jurisdiction over systems of
public higher education in continuing the development of
college-level training and education programs.
To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state
government.
To do any and all things necessary or convenient to
enable it fully and adequately to perform its duties and to
exercise the power granted to it.
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The commission does not have the authority to adopt or
carry out a regulation that authorizes the withdrawal or
revocation of a certificate previously issued to a peace
officer.
Except as specifically provided by law, the commission
does not have the authority to cancel a certificate
previously issued to a peace officer. (Penal Code §
13503.)
Current law requires POST to endeavor to minimize costs of
administration so that a maximum of funds will be expended for
the purpose of providing training and other services to local
law enforcement agencies. (Penal Code § 13505.)
Existing law requires POST to adopt rules establishing minimum
standards relating to physical, mental, and moral fitness that
govern the recruitment of any city police officers, peace
officer members of a county sheriff's office, marshals or deputy
marshals, and other specified peace officers. (Penal Code §
13510.)
Peace Officer Field Training
Existing regulations require any department which employs peace
officers to have a POST-approved Field Training Program.
Requests for approval of a department's Field Training Program
must be submitted to POST and signed by the department head
attesting to the adherence of the following program
requirements:
The Field Training Program is to be delivered over a
minimum of 10 weeks and based upon the structured learning
content as specified in the POST manual.
A trainee must have successfully completed the Regular
Basic Course before participating in the Field Training
Program.
The Field Training Program must have a Field Training
Supervisor/Administrator/Coordinator (SAC) who:
o Has been awarded or is eligible for the award
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of a POST Supervisory Certificate, or has been
appointed by the department head (or his/her
designate).
o Every peace officer promoted, appointed, or
transferred to a supervisory or management position
overseeing a field training program shall successfully
complete a POST-certified Field Training
Supervisor/Administrator/Coordinator Course prior to
or within 12 months of the initial promotion,
appointment, or transfer to such a position.
The Field Training Program must have Field Training
Officers (FTOs) who:
o Have been awarded a POST Basic Certificate
(not Specialized);
o Have a minimum of one year general law
enforcement uniformed patrol experience;
o Have been selected based upon a
department-specific selection process; and,
o Meet the following training requirements:
§ Successfully complete a
POST-certified Field Training Officer Course
prior to training new officers; and,
§ Complete 24-hours of update training
every three years following completion of the
Field Training Officer Course.
Trainees must be supervised depending upon their
assignment:
o A trainee assigned to general law enforcement
uniformed patrol duties must be under the direct and
immediate supervision (physical presence) of a
qualified Field Training Officer.
o A trainee temporarily assigned to
non-enforcement, specialized function(s) for the
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purpose of specialized training or orientation is not
required to be in the immediate presence of a
qualified Field Training Officer while performing the
specialized function(s).
Trainee performance must be:
o Documented daily through journaling, daily
training notes, or Daily Observation Reports (DORs)
and shall be reviewed with the trainee by the Field
Training Officer; and,
o Monitored by a Field Training Program SAC, or
designee, by review and signing of the DORs or, by
completing and/or signing weekly written summaries of
performance (e.g., Supervisor's Weekly Report,
Coaching and Training Reports) that are reviewed with
the trainee.
The Field Training Officer's attestation of each
trainee's competence and successful completion of the Field
Training Program and a statement that releases the trainee
from the program, along with the signed concurrence of the
department head, or his or her designate, must be retained
in department records.
(11 C.C.R. 1005 (2015).)
Existing regulation allows a department to request an exemption
of the Field Training Program requirement if:
The department does not provide general law enforcement
uniformed patrol services; or
The department hires only lateral entry officers
possessing a POST Basic Certificate and who have either:
o Completed a POST-approved Field Training
Program, or
o One year previous experience performing
general law enforcement uniformed patrol duties.
(11 C.C.R. 1005 (2015).)
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Existing procedures require a POST-Approved Field Training
Program to minimally include the following topics: (1) Agency
Orientation and Department Polices; (2) Officer Safety; (3)
Ethics; (4) Use of Force; (5) Patrol Vehicle Operations; (6)
Community Relations/Professional Demeanor (including Cultural
Diversity, Community Policing, and Problem Solving; (7) Radio
Communications; (8) Leadership; (9) California Codes and Law;
(10) Search and Seizure; (11) Report Writing; (12) Control of
Persons, Prisoners, and Mentally Ill; (13) Patrol Procedures
(including Domestic Violence and Pedestrian and Vehicle Stops);
(14) Investigations/Evidence; (15) Tactical
Communications/Conflict Resolution; (16) Traffic (including
DUI); (17) Self-Initiated Activity; (18) Additional
Agency-Specific Topics (may include Community Specific Problems,
Special Needs Groups, etc.). (POST Administrative Manual,
Procedure D-13-3.)
Existing procedures require that the POST-certified Field
Training Officer Course be a minimum of 40 hours. In order to
meet local needs, flexibility to present additional curriculum
may be authorized with prior POST approval. Instructional
methodology is at the discretion of individual course presenters
unless specified otherwise in a training specification document
developed for the course. The Field Training Officer Course
curriculum must include the following topics: (1) Field
Training Program Goals and Objectives; (2) Keys to Successful
Field Training Programs; (3) Field Training Program
Management/Roles of Program Personnel; (4) Teaching and Training
Skills Development; (5) The Professional Relationship between
the FTO and the Trainee; (6) Evaluation/Documentation; (7)
Expectations and Roles of the FTO; (8) Driver Safety; (9)
Officer Safety; (10) Intervention; (11)
Remediation/Testing/Scenarios; (12) Trainee Termination; (13)
Legal Issues and Liabilities; (14) Review of the Regular Basic
Course Training; and, (15) Competency Expectations. (POST
Administrative Manual, Procedure D-13-4.)
This bill would 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.
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This bill would require POST to require field training officers
to have 40 hours of evidence-based behavioral health training,
as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as "of
February 11, 2015, 112,993 inmates were housed in the State's 34
adult institutions, which amounts to 136.6% of design bed
capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the
court-ordered reduction to 137.5% of design bed capacity."(
Defendants' February 2015 Status Report In Response To February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
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Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for Legislation
According to the author:
Day by day there is a growing recognition throughout
law enforcement nationwide of the value of behavioral
health training for officers. SB 29 and its companion
bill, SB 11, respond to the public's heightened
distrust 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, the bills recognize
California's cultural diversity and require training
to be culturally appropriate.
Specifically, SB 29:
Mandates 40 hours of evidence-based
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behavioral health training for all Field Officer
Trainers;
Mandates an additional 20 hours of
evidence-based behavioral health training for new
officers. Training must be completed during the
employing department's field training and
probationary period but in no case later than 24
months after employee's appointment as an officer;
and
Furthermore, SB 29 increases an officers'
ability to communicate effectively and efficiently.
The bill calls for training to overcome the
stigmatization of mental illness. It also requires
the instruction of officers of cultural differences
to increase awareness of attitudes and behaviors,
and to appreciate the commonalities that exist
across diverse cultures.
SB 29 recognizes a basic tenet in law enforcement:
officers ultimately rely on their training to cope
with emergencies. Therefore the key to an officer's
preparation are Field Training officers. Over time,
the new training mandated by SB 29 offers a way to
phase in behavioral health training in law enforcement
agencies. It increases training for newly hired
officers while targeting existing officers who are in
a supervisory role. SB 29 recognizes that new
officers' look-up to Field Training officers; and over
time, Field Training Officers typically are promoted
creating a steady flow of new officers to replace them
who will need to be trained. . .
POST has a certified Field Training Program guide that
includes 18 competencies that must be completed during
a new officer's Field Training. Mental illness and
intellectual and physical disabilities competencies
are under Section 12.6 and 12.7. POST does not
mandate hours for any of the 18 competencies.
Recently, the California Highway Patrol mandated FTO
trainers to spend at least 10 hours to educate new
officers on Section 12.6 and 12.7 competencies.
(Instructor led training). . .
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2. Effect of Legislation: Field Training Requirements
All field training requirements are regulatory. As
discussed above, POST requires an officer be provided a
minimum of 10 weeks of field training. This training must
cover 18 different competency requirements, including a
component relating to "Control of Persons, Prisoners, and
Mentally Ill." Under POST's Field Training model, trainees
are required, for example, to demonstrate competency in the
following:<1>
12.6.02. Behavior Due to Disabilities. The trainee
shall acknowledge that some disabilities (including
intellectual disabilities, cerebral palsy, epilepsy,
autism and other neurological conditions) are not
readily apparent and that sometimes people with
developmental or cognitive disabilities may have
little or no conscious ability to control their
behavior.
12.6.03. Dealing with Cognitive Impairment. The
trainee shall recognize and demonstrate effective
communications for person with cognitive impairments
to minimally include:
A. Give one direction or ask one question at
a time
B. Allow the person to process what you have
said and respond (10-15
seconds, then repeat)
C. Avoid questions that tell the person the
answer you expect (avoid
questions with yes/no answers)
D. Repeat questions from a slightly
different perspective, if necessary
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<1> The POST Field Training model can be found in its entirety
at https://www.post.ca.gov/field-training-program.aspx.
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E. Avoid questions about time, complex
sequences, or reasons for
behavior
F. Use concrete terms and ideas; avoid
jargon or figures or speech
12.7.01. State Law and Agency. The trainee shall
review and explain state law and agency policy
regarding mental health cases.
12.7.02. Considerations When Handling or Dealing with
Mentally Ill/Emotionally Disturbed Persons. The
training shall identify considerations to be made when
handling and dealing with mentally ill or emotionally
disturbed persons, to minimally include:
A. Ignoring verbal abuse
B. Avoiding excitement
C. Avoiding unnecessary deception
D. Requesting backup to minimize resistance
E. Requesting an ambulance prior to
confronting subject, if necessary
F. Keeping the disturbed person in sight
constantly
G. Continual alertness
H. Seizing firearms for safekeeping
12.7.03. Mental Health Facility or Regional Center.
The trainee shall identify the appropriate mental
health facility or regional center within the agency's
jurisdiction to be used for evaluation, treatment,
counseling, or referral.
12.7.08. Demonstrating Knowledge of Proper Procedure.
Given a scenario or an actual incident involving a
mentally ill or emotionally disturbed person, the
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trainee shall take all necessary precautions in
dealing with the person, safely that the person into
custody (if necessary), assure safe transportation of
the person, and properly complete all necessary forms
and reports.
A trainee can demonstrate competency by performing these
functions in the field, through role playing, or by taking a
verbal or written test. Both the Field Training Officer and the
trainee have to sign a form stating that training was received
and competency was demonstrated for each of the training
components.
While behavioral health training is included in field training,
there is currently no hour requirement.<2> This legislation
would specify how many hours of behavioral health training an
officer must have by requiring the field training program
include a 20-hour evidence-based behavioral health training
course relating to law enforcement interaction with persons with
mental illness or intellectual disability.
According to the author:
The Memphis Crisis Intervention Team (CIT) is a
nationally recognized training for police officers and
first responders to effectively interact with those in
a mental illness crisis. The Memphis model calls for
40 hours of intense training to learn interventions
such as de-escalation, shown to be effective when
responding to individuals with mental illnesses.
SB 29 builds on the 20 hours of training provided in the
Academy under SB 11. Taken together, SB 11 and SB 29
provide the full 40 hours of training strongly recommended
under the Memphis Model.
This legislation, as drafted, would preclude an officer from
getting hourly credit for time spent in the field. Members may
wish to consider recommending an amendment that would allow an
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<2> Aside from the requirement that Field Training be over a ten
week period, POST's Field Training Model is component and skill
based rather than hourly based. The author, however, does note
that California Highway Patrol is requiring 10 hours of
behavioral-health training during field training.
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officer to receive hourly credit for the time he or she spends
on behavioral health issues in the field.
SHOULD OFFICERS BE REQUIRED TO HAVE A SPECIFIC NUMBER OF
TRAINING HOURS RELATING TO MENTAL HEALTH DURING FIELD TRAINING?
3. Effect of Legislation: Field Training Officer
Requirements
Field Training Officers must have a POST Basic Training
Certificate and one year general law enforcement uniformed
patrol experience.<3> Field Training Officers are additionally
required to have a minimum of 40 hours of training on a variety
of topics, including: (1) Field Training Program Goals and
Objectives; (2) Keys to Successful Field Training Programs; (3)
Field Training Program Management/Roles of Program Personnel;
(4) Teaching and Training Skills Development; (5) The
Professional Relationship between the FTO and the Trainee; (6)
Evaluation/Documentation; (7) Expectations and Roles of the FTO;
(8) Driver Safety; (9) Officer Safety; (10) Intervention; (11)
Remediation/Testing/Scenarios; (12) Trainee Termination; (13)
Legal Issues and Liabilities; (14) Review of the Regular Basic
Course Training; and, (15) Competency Expectations. There is
currently no requirement behavioral health training requirement.
This legislation would require an additional 40 hours of
evidence-based behavioral health training.
Requiring evidence-based training could limit the use of
high-quality, promising behavioral health training.<4> Members
may wish to recommend an amendment that would allow POST to
provide "promising evidence-based or evidence-based training."
SHOULD FIELD TRAINING OFFICERS BE REQUIRED TO HAVE 40 HOURS
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<3> Officers receive mental health training during their
coursework to obtain a Basic Training Certificate and during
field training.
<4> U.S. Department of Health and Human Services (HHS) has
defined a promising practice as one with at least preliminary
evidence of effectiveness in small-scale interventions or for
which there is potential for generating data that will be useful
for making decisions about taking the intervention to scale and
generalizing the results to diverse populations and settings.
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OF MENTAL HEALTH TRAINING?
4. Argument in Support
According to County Behavioral Health Directors
Association:
The existing California Peace Officer Standards and
Training (POST) curriculum for officers does not
mandate a prescribed number of hours of behavioral
health training in the Field Training program.
According to POST representatives, although training
resources exists, there is no standardized behavioral
health training curriculum statewide, and this lack of
uniformity creates a patchwork of training programs
offered by California law enforcement agencies.
SB 29 mandates 40 hours of evidence-based behavioral
health training for all Field Officer Trainers, and 20
additional hours of evidence-based behavioral health
training for trainees in Field Training programs. The
bill also calls for the training to address issues
related to stigma, and instruct officers on culturally
appropriate procedures when responding to individuals
experiencing a behavioral health crisis.
5. Argument in Opposition
According to the California State Sheriffs' Association:
On behalf of the California State Sheriffs'
Association (CSSA), we must respectfully oppose Senate
Bill 29, 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
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and training regimen overseen by the Commission on
Peace Officer Standards and Training (POST). Proper
training prepares officers for 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 29 would require 40 hours of training on mental
health issues for field training officers and 20
additional hours of training on mental health issues
for new officers during their field training period.
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.
-- END --
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