BILL ANALYSIS Ó SB 1221 Page 1 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: SB 1221 Page 2 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 SB 1221 Page 3 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.) SB 1221 Page 4 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 SB 1221 Page 5 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. SB 1221 Page 6 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.) SB 1221 Page 7 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 SB 1221 Page 8 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: SB 1221 Page 9 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 SB 1221 Page 10 Analysis Prepared by:David Billingsley / PUB. S. / (916) 319-3744