BILL ANALYSIS Ó
SB 1221
Page 1
SENATE THIRD READING
SB
1221 (Hertzberg)
As Amended June 8, 2016
Majority vote
SENATE VOTE: 37-0
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|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
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| | |Weber, Wood | |
| | | | |
| | | | |
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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
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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
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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
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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