BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1221


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          Date of Hearing:  June 14, 2016


          Counsel:               David Billingsley








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          1221 (Hertzberg) - As Amended April 26, 2016





          SUMMARY:  Directs the Commission on Peace Officers Standards and  
          Training (POST) to make the existing continuing education  
          classroom training course related to law enforcement interaction  
          with mentally disabled persons available to the State Fire  
          Marshal, who may revise the course as appropriate for  
          firefighters.


          EXISTING LAW:  










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          1)Establishes the Commission on Peace Officer Training and  
            Standards.  (Pen. Code, § 13500.)

          2)Requires all peace officers to complete an introductory course  
            of training prescribed by POST, demonstrated by passage of an  
            appropriate examination developed by POST. (Pen. Code, § 832,  
            subd. (a).)



          3)Empowers POST to develop and implement programs to increase  
            the effectiveness of law enforcement.  (Pen. Code, §13503.)



          4)Authorizes POST, for the purpose of raising the level of  
            competence of local law enforcement officers, to adopt rules  
            establishing minimum standards related to physical, mental and  
            moral fitness and training that shall govern the recruitment  
            of any peace officers in California.  (Pen. Code, § 13510,  
            subd. (a).)



          5)States that POST shall 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.  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.  (Pen. Code, §  
            13519.2)



          6)Requires POST to establish and keep updated a continuing  
            education classroom training course relating to law  








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            enforcement interaction with mentally disabled persons.   
            (Pen.Code, § 13515.25.)



          7)Requires the training course 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. (Pen.Code, § 13515.25.)  



          8)Directs POST 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 and the course  
            must include, at a minimum, core instruction in the following:  






             a)   The cause and nature of mental illnesses and  
               developmental disabilities; (Pen.Code, § 13515.25.) 

             b)   How to identify indicators of mental disability and how  
               to respond appropriately in a variety of common situations;  
               (Pen.Code, § 13515.25.)



             c)   Conflict resolution and de-escalation techniques for  
               potentially dangerous situations involving mentally  
               disabled persons; (Pen.Code, § 13515.25.)











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             d)   Appropriate language usage when interacting with  
               mentally disabled persons; (Pen.Code, § 13515.25.)



             e)   Alternatives to lethal force when interacting with  
               potentially dangerous mentally disabled persons; (Pen.Code,  
               § 13515.25.)



             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, (Pen.Code, § 13515.25.)



             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 crime.  (Pen.Code, § 13515.25.)


          FISCAL EFFECT:  Unknown





          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 1221  
            authorizes POST to share their course on interaction with  
            mentally disabled persons, with the State Fire Marshal.

            "Making the course available to the State Fire Marshal allows  
            training on topics such as stigmatization and de-escalation  








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            tactics, to be specifically tailored for firefighters. Many  
            times firefighters, not law enforcement, are the first  
            responders to an emergency scene and this training will ensure  
            that firefighters can respond to mental health emergencies  
            appropriately. 

            "Treating a mental health emergency solely as a criminal issue  
            can have serious unintended consequences. SB 1221 protects the  
            safety of mentally-ill individuals and firefighters."

          2)POST Continuing Education Course on Developmental Disabilities  
            and Mental Health Issues:  POST currently provides a  
            continuing education course on interacting with individuals  
            with developmental disabilities or mental health issues.  This  
            bill would make that training program available to  
            firefighters.  

          The POST training course consists of classroom instruction and  
            interactive training methods to ensure that the training is as  
            realistic as possible.  The course includes topics such as the  
            cause and nature or mental illnesses and developmental  
            disabilities and how to identify indicators of mental  
            disability and how to respond appropriately in a variety of  
            common situations.

          Students are instructed on conflict resolution and de-escalation  
            techniques for potentially dangerous situations involving  
            mentally disabled persons and appropriate language use when  
            interacting with mentally disabled persons.  Individuals  
            receiving instruction are also told about community and state  
            resources available to serve mentally disabled persons.

          3)Frequency of Law Enforcement Contacts Involving Mental Health  
            Issues:  Law enforcement officers are often the first  
            responders to mental health crisis calls; they respond to 911  
            calls ranging from suicide attempts to individuals potentially  
            endangering themselves or others. Studies confirm that the  
            volume of calls to law enforcement involving crisis mental  
            health concerns have been increasing in the past decade.   








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            Mental health crisis calls also take more officer time to  
            resolve.  More than eighty percent of the agencies that  
            Disability Rights California surveyed report that officers  
            spend more time on these calls.  Nearly 4 out of 10 agencies  
            estimated that officers spend two hours or more on mental  
            health calls.  This means that on a typical day, officers can  
            spend 1/3 of their time in interactions which would  
            necessitate skills in crisis intervention and de-escalation.   
            Beyond crisis calls, officers routinely respond to calls where  
            they are required to determine whether a person meets the  
            criteria for involuntary detention for psychiatric assessment  
            and treatment (otherwise known as 5150).  Even standard crime  
            scene calls require officers to use skills to de-escalate  
            potentially volatile situations when interacting with members  
            of the public. (An Ounce of Prevention:  Law Enforcement  
            Training Mental Health Crisis Intervention, (2014) Disability  
            Rights California, p. 37.)



          Many law enforcement agencies throughout the state have  
            augmented their training programs to provide officers with  
            additional training after the academy in responding to people  
            with mental health disabilities in crisis.  Augmented training  
            varies widely but generally includes information on  
            recognizing the symptoms of a psychiatric disability and  
            methods for how to interact with an individual in crisis,  
            including specific de-escalation techniques.  Topics covered  
            in a typical Crisis Intervention Training (CIT) program are  
            not otherwise mandated in California or required at any level  
            of officer training.  Police chiefs and senior officers  
            consistently report that their personnel are better equipped  
            at handling mental health crisis calls after participating in  
            a CIT program. Furthermore, jurisdictions in which officers  
            receive CIT report fewer injuries, fewer incidents requiring  
            use of force, and better outcomes for their officers and  
            community members.  (An Ounce of Prevention:  Law Enforcement  
            Training Mental Health Crisis Intervention, (2014) Disability  
            Rights California, p. 38-39.)








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          4)Firefighter Contact with Individuals with Mental Health  
            Issues:  As first responders, firefighters are dealing with  
            emergency situations which extend beyond putting out fires.  



          "In 1980, according to the National Fire Protection Association,  
            the nation's 30,000 fire departments responded to 10.8 million  
            emergency calls. About 3 million were classified as fires. By  
            2013, total calls had nearly tripled to 31.6 million, while  
            fire calls had plummeted to 1.24 million, of which just  
            500,000 of were actual structure fires. For America's 1.14  
            million career and volunteer firefighters, that works out to  
            an average of just one structure fire every other year."  
             http://www.governing.com/columns/smart-mgmt/col-fire-department 
            s-rethink-delivery-emergency-medical-services.html
           
          As first responders, firefighters are dealing with a wide range  
            of situations.   Firefighters are likely to interact with  
            individuals with mental health issues at a similar rate as law  
            enforcement officers.  To the extent firefighters have a  
            better understanding of mental health issues, those contacts  
            are going to result in better outcomes.
          5)Argument in Support:  According to The Los Angeles County  
            Office of the Sheriff, "Existing law requires the Commission  
            on Peace Officer Standards and Training to establish a  
            continuing education classroom course related to law  
            enforcement interaction with mentally disabled persons and to  
            make the course available to  law enforcement agencies in  
            California.  Firefighters, being first responders come into  
            contact with mentally disabled persons as frequently as law  
            enforcement officers.  However, the amount of training  
            firefighters receive is minimal, if any at all.

          "This bill would authorize the commission to make the course  
            available to the State Fire Marshal.  Making the course  
            available to the Fire Marshal allows training on topics such  
            as stigmatization and de-escalation tactics to be specifically  








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            tailored for firefighters.

          "Very often, firefighters, not law enforcement, are the first  
            responders to any emergency scene and this training will  
            ensure that firefighters can respond to mental health  
            emergencies appropriately.  Treating a mental health emergency  
            solely as a criminal issue can have serious unintended  
            consequences and we must ensure that firefighters are equipped  
            to handle a range of emergencies."

          6)Related Legislation:  

             a)   AB 1227 (Cooper), of the 2015-16 Legislative Session,   
               would have required POST to study and submit a report to  
               the Legislature, on or before December 31, 2017, that  
               assessed the statuses of specified training courses on  
               mental health issues.  AB 1227 was held in Assembly  
               Appropriations.

             b)   SB 29 (Beall), Chapter 469, Statutes of 2015, requires  
               law enforcement field training officers to have at least 8  
               hours of crisis intervention behavioral health training.   

             c)   SB 11 (Beall), Chapter 468, Statutes of 2015, requires  
               POST to update its basic training course related to law  
               enforcement interaction with persons with mental illness to  
               include at least 15 hours. 



          7)Prior Legislation:  AB 1718 (Hertzberg), Chapter 95, Statutes  
            of 2000, Required that POST establish and keep updated a  
            continuing education classroom training course relating to law  
            enforcement intervention with developmentally disabled and  
            mentally ill persons and that the course be developed in  
            consultation with specified groups and entities.

          REGISTERED SUPPORT / OPPOSITION:









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          Support


          


          Los Angeles County Sheriff's Office (Sponsor)


          Arc and United Cerebral Palsy California Collaboration
          Association of Regional Center Agencies
          California Council of Community Behavioral Health Agencies
          California Fire Chiefs Association
          California Public Defenders Association
          California State Sheriffs' Association
          Disability Rights California
          Fire Districts Association of California
          League of California Cities
          Mental Health America of California
          National Association of Social Workers, California Chapter
          North Los Angeles County Regional Center
          State Council on Developmental Disabilities

          Opposition


          


          None













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          Analysis Prepared by:David Billingsley / PUB. S. / (916)  
          319-3744