BILL ANALYSIS Ó SB 1221 Page 1 SENATE THIRD READING SB 1221 (Hertzberg) As Amended June 8, 2016 Majority vote SENATE VOTE: 37-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |18-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | SB 1221 Page 2 | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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: 1)Establishes the Commission on Peace Officer Training and Standards. 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. 3)Empowers POST to develop and implement programs to increase the effectiveness of law enforcement. 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. 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 SB 1221 Page 3 disabilities and mental illness, as well as the community resources available to serve these persons. 6)Requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with mentally disabled persons. 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. 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; b) How to identify indicators of mental disability and how to respond appropriately in a variety of common situations; c) Conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally disabled persons; d) Appropriate language usage when interacting with mentally disabled persons; SB 1221 Page 4 e) Alternatives to lethal force when interacting with potentially dangerous mentally disabled persons; 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, 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. FISCAL EFFECT: According to the Assembly Committee on Appropriations, no cost to POST, and minor absorbable to the State Fire Marshal. COMMENTS: 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 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." SB 1221 Page 5 Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003807