BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1221


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          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


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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; 









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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