BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 29|
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THIRD READING
Bill No: SB 29
Author: Beall (D), et al.
Amended: 6/2/15
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
SUBJECT: Peace Officer Training: Mental Health
SOURCE: United Domestic Workers of America
DIGEST: This bill requires: (1) law enforcement field training
officers to have 20 hours of promising or evidence-based
behavioral health training, as specified; and, (2) the field
training program to include 20 hours of training relating to law
enforcement interaction with persons with mental illness or
intellectual disability.
ANALYSIS:
Existing law:
1)Creates, in the Department of Justice, a Commission on Peace
Officer Standards and Training (POST). POST consists of 15
members appointed by the Governor, after consultation with,
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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.)
2)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.)
3)Requires, in Section 1005 of Title 11 of the California Code
of Regulations,
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:
a) 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.
b) A trainee must have successfully completed the Regular
Basic Course before participating in the Field Training
Program.
c) The Field Training Program must have a Field Training
Supervisor/ Administrator/Coordinator (SAC), as specified.
d) The Field Training Program must have Field Training
Officers (FTOs) who meet specified requirements.
e) Trainees must be supervised depending upon their
assignment:
i) A trainee assigned to general law enforcement
uniformed patrol duties must be under the direct and
immediate supervision (physical presence) of a qualified
FTO.
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ii) A trainee temporarily assigned to non-enforcement,
specialized function(s) for the purpose of specialized
training or orientation is not required to be in the
immediate presence of a qualified FTO while performing
the specialized function(s).
f) Trainee performance must be:
i) Documented daily through journaling, daily training
notes, or Daily Observation Reports (DORs) and shall be
reviewed with the trainee by the FTO; and,
ii) 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.
g) The FTO'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.
4)Requires a POST-Approved Field Training Program to minimally
include the following topics: (a) Agency Orientation and
Department Polices; (b) Officer Safety; (c) Ethics; (d) Use of
Force; (e) Patrol Vehicle Operations; (f) Community
Relations/Professional Demeanor (including Cultural Diversity,
Community Policing, and Problem Solving; (g) Radio
Communications; (h) Leadership; (i) California Codes and Law;
(j) Search and Seizure; (k) Report Writing; (l) Control of
Persons, Prisoners, and Mentally Ill; (m) Patrol Procedures
(including Domestic Violence and Pedestrian and Vehicle
Stops); (n) Investigations/Evidence; (o) Tactical
Communications/Conflict Resolution; (p) Traffic (including
DUI); (q) Self-Initiated Activity; and, (r) Additional
Agency-Specific Topics (may include Community Specific
Problems, Special Needs Groups, etc.). (POST Administrative
Manual, Procedure D-13-3.)
5)Requires that the POST-certified FTO Course be a minimum of 40
hours. In order to meet local needs, flexibility to present
additional curriculum may be authorized with prior POST
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approval. Instructional methodology is at the discretion of
individual course presenters unless specified otherwise in a
training specification document developed for the course. The
FTO Course curriculum must include the following topics: (a)
Field Training Program Goals and Objectives; (b) Keys to
Successful Field Training Programs; (c) Field Training Program
Management/Roles of Program Personnel; (d) Teaching and
Training Skills Development; (e) The Professional
Relationship between the FTO and the Trainee; (f)
Evaluation/Documentation; (g) Expectations and Roles of the
FTO; (h) Driver Safety; (i) Officer Safety; (j) Intervention;
(k) Remediation/Testing/Scenarios; (l) Trainee Termination;
(m) Legal Issues and Liabilities; (n) Review of the Regular
Basic Course Training; and, (o) Competency Expectations.
(POST Administrative Manual, Procedure D-13-4.)
This bill:
1)Requires field training officers who provide instruction in
the field training program to have 20 hours of behavioral
health training.
2)Requires 20 hours of field training to be completed during
field training and probationary period relating to law
enforcement interaction with persons with mental illness or
intellectual disability.
Background
All field training requirements are regulatory. 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." A trainee can comply with these
requirements by demonstrating competency in the field, through
role playing, or by taking a verbal or written test. Both the
FTO 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. This bill specifies
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how many hours of behavioral health training an officer must
have by requiring the field training program include a 20 hours
relating to law enforcement interaction with persons with mental
illness or intellectual disability.
FTOs must have a POST Basic Training Certificate and one year
general law enforcement uniformed patrol experience. FTOs 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 behavioral health training requirement. This
bill requires an additional 20 hours of promising or
evidence-based behavioral health training.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Course development: One-time costs to POST of $120,000 to
$350,000 (Peace Officers' Training Fund).
POST training costs: First-year costs of up to $5.9 million
(Peace Officers' Training Fund); annual costs thereafter of
$2.6 million, broken out as follows:
o Existing field training officers: one-time costs of up
to $3.3 million (Peace Officers' Training Fund) for the
20-hour course.
o Prospective FTOs: ongoing annual costs of $2.6 million
(Peace Officers' Training Fund).
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Local law enforcement costs: Major first-year and ongoing
costs, likely state-reimbursable, to local law enforcement
agencies in the millions of dollars (General Fund). Costs to
backfill for 20 hours of missed work for existing FTOs could
cost in excess of $5 million. Ongoing costs to backfill for
field training officers prospectively are estimated to be in
the low millions of dollars (General Fund).
May Revision 2015-16: Reflects the continued suspension of
reimbursements to local law enforcement to backfill behind
officers participating in training. Reimbursement for per diem
and travel will be reinstated, however, these costs are not
included in the potential state-reimbursable mandated costs
noted above.
Senate Budget Subcommittee No. 5 action: Rejected $40 million
in city law enforcement grants and instead approved $10
million General Fund to POST to assist in funding the initial
costs of the provisions of this bill and SB 11 (Beall).
SUPPORT: (Verified5/29/15)
United Domestic Workers of America (source)
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
The Arc and United Cerebral Palsy California Collaboration
Association of Regional Center Agencies
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California Association of Highway Patrolmen
California Attorneys for Criminal Justice
California Council of Community Mental Health Agencies
California Crisis Intervention Training Association
California Medical Association
California Narcotic Officers Association
California Public Defenders Association
City of San Jose
Community Health Awareness Council
County Behavioral Health Directors Association
Disability Action Coalition
Disability Rights California
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Donald Rocha, San Jose City Councilmember
Jeffrey Rosen, District Attorney, Santa Clara County
Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Mental Health America of California
National Alliance on Mental Illness
Riverside Sheriffs' Association
State Council on Developmental Disabilities
Steinberg Institute
OPPOSITION: (Verified5/29/15)
California State Sheriff's Association
ARGUMENTS IN SUPPORT:
According to the National Alliance on Mental Illness:
NAMI California advocates for diversion from the criminal
justice system for individuals with mental illness in order
to ensure appropriate treatment and reduce stigma and
discrimination. Through appropriate training for law
enforcement and the development of crisis intervention
teams, arrests of people with mental illness and law
enforcement can be improved.
Law enforcement officers should receive training in order
to prevent crisis, and de-escalate crisis when they do
occur. Training should be culturally relevant and
appropriate, and should include: signs and symptoms of
mental illness; de-escalation techniques; perspectives of
those living with mental illness; perspectives of family
members impacted by mental illness; use of non-stigmatizing
language; and the mental health system and community
resources. Through this training, officers are better able
to link people with appropriate treatment, and to avoid
injuries to officers and consumer deaths.
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It is important that crisis intervention training involve
community collaboration between mental health providers,
law enforcement and family and consumer advocates. The
interaction between the law enforcement officer and the
individual with mental illness is a critical juncture for
diversion from the criminal justice system and into
treatment, and we believe that it [is] essential to ensure
adequate support and facilities for transfer from police
custody to the mental health system. To that end,
community collaboration is essential. The involvement of
consumers and families in planning and leading the training
sessions, and in continuing to build our mental health
system is also imperative.
ARGUMENTS IN OPPOSITION:
According to the California State Sheriffs' Association:
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 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.
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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.
Prepared by:Jessica Devencenzi / PUB. S. /
6/2/15 22:35:29
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