BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 29| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 29 Author: Beall (D) Amended: 8/31/15 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: 40-0, 6/3/15 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, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 77-2, 9/2/15 - See last page for vote SUBJECT: Peace officer training: mental health SOURCE: United Domestic Workers of America DIGEST: This bill requires law enforcement field training officers (FTOs) to have training from the Commission on Police Officer Standards and Training (POST) regarding law enforcement interaction with persons with mental illness or intellectual disability. Assembly Amendments: 1)Require FTOs who provide instruction in the field training SB 29 Page 2 program to have at least eight hours of crisis intervention behavioral health training, taught in segments that are at least four hours long, as specified. 2)Exclude an FTO who has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement, as specified. 3)Specify that FTOs assigned or appointed before January 1, 2017, must complete the crisis intervention behavioral health training by June 30, 2017. FTOs assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment. 4)Require POST to establish and keep updated an FTO course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, as specified. Requires all prospective FTOs to complete the course as part of the FTO program, as specified. 5)Delete the requirement that POST require as part of its existing field training program 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability to be completed during the employing department's field training and probationary period. 6)Require POST, by May 1, 2016, to conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability, as specified. ANALYSIS: Existing law: SB 29 Page 3 1) Creates POST. POST 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.) 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 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 SB 29 Page 4 immediate supervision (physical presence) of a qualified FTO. 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 SB 29 Page 5 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 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 FTOs who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers to effectively interact with persons with mental illness or intellectual disability. Training should be taught segments that are at least four hours long. 2) Excludes an FTO who has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement. 3) Specifies that FTOs assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. FTOs assigned or appointed on or after January 1, 2017, shall complete the crisis SB 29 Page 6 intervention course within 180 days of assignment or appointment. 4) States that nothing shall prevent an agency from requiring its FTOs from completing a crisis intervention behavioral health training with a greater amount of hours or sooner than the specified time limits. 5) Requires POST to establish and keep updated an FTO course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. This course shall be at least four hours of classroom instruction and instructor-led active learning. 6) Requires all prospective FTOs to complete the course as part of the FTO program. 7) Requires POST to implement the provisions of this section on or before August 1, 2016. 8) Specifies that POST shall, by May 1, 2016, conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability. 9) Directs that POST 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 disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups. 10)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) How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, SB 29 Page 7 post-traumatic stress disorder, and dementia; b) Autism spectrum disorder; c) Genetic disorders, including, but not limited to, down syndrome; d) Conflict resolution and de-escalation techniques for potentially dangerous situations; e) Alternatives to use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities; f) The perspective of individuals and/or families with lived experiences with persons with mental illness, intellectual disability, and substance use disorders; g) Involuntary holds; and, h) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. 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. This bill requires POST to conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to SB 29 Page 8 effectively address incidents involving persons with a mental illness or an 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 eight hours of crisis intervention behavioral health training for FTOs who provide instruction in the field training program, as specified. And, this bill requires POST to establish and keep updated a FTO course that addresses how to interact with persons with mental illness or intellectual disability and requires all prospective FTOs to complete the course as part of the FTO program. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee: 1)Reimbursable state mandated costs in the $2.57 million (General Fund) range initially and $600,000 ongoing to backfill for officers participating in the training. There are currently 482 cities and 58 counties in California. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs for missed work hours for all FTOs in training. 2)Initial costs of $1.7 million (Post Officer's Training Fund - SB 29 Page 9 POTF) to POST for training costs and course development, and annual ongoing costs of $250,000 (POTF) for prospective training. SUPPORT: (Verified9/1/15) United Domestic Workers of America (source) American Civil Liberties Union of California American Federation of State, County and Municipal Employees 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 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 The Arc and United Cerebral Palsy California Collaboration OPPOSITION: (Verified9/1/15) SB 29 Page 10 California State Sheriffs' Association ASSEMBLY FLOOR: 77-2, 9/2/15 AYES: Achadjian, Alejo, Travis Allen, Baker, 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, Gordon, Gray, Hadley, 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: Bigelow, Grove NO VOTE RECORDED: Harper Prepared by:Jessica Devencenzi / PUB. S. / 9/2/15 19:27:55 **** END ****