BILL ANALYSIS                                                                                                                                                                                                    



               SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 1330       Hearing Date:    April 19, 2016    
          
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          |Author:    |Galgiani                                             |
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          |Version:   |March 28, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|ML                                                   |
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                              Subject:  Missing Persons



          HISTORY

          Source:   UDW/AFSCME Local 3930

          Prior Legislation:SB 11 (Beall) - Chaptered 468, Stats. 2015
                         SB 29 (Beall) - Chaptered 469, Stats. 2015

          Support:  Unknown

          Opposition:None known

                                                


          PURPOSE

          The purpose of this bill is to expand the current definition of  
          "mentally impaired," which is one of the criteria of an  
          "at-risk" missing person, to also include "cognitively impaired  
          or developmentally disabled" individuals. 

          Existing law authorizes the Attorney General to establish and  
          maintain the Violent Crime Information Center, which combines  
          existing state, federal, and civilian databases into a single  
          comprehensive network to assist in the identification and  








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          apprehension of missing individuals, particularly children and  
          at-risk adults. (Penal Code 14200-14201.)

          Existing law authorizes the Attorney General to distribute a  
          missing children and at-risk adults bulletin on a quarterly  
          basis to local law enforcement agencies, district attorneys, and  
          public schools. (Penal Code 14204.)

          Existing law authorizes the Attorney General to establish and  
          maintain an online missing person registry and also a separate  
          and confidential database of missing children and at-risk adults  
          for statistical and research purposes. (Penal Code 14205(d).)

          Existing law authorizes the Department of Justice to operate a  
          statewide, toll-free telephone hotline 24 hours per day, seven  
          days per week to receive information regarding missing children  
          and at-risk adults and to relay this information to the  
          appropriate authorities. (Penal Code 14210.)

          Existing law requires police and sheriff's departments to  
          immediately report and assess missing person cases using  
          checklists and guidelines to locate a missing person and that if  
          the missing person is under 21 years of age or at risk, to  
          broadcast a "Be On the Lookout" bulletin without delay, within  
          its jurisdiction. (Penal Code 14211(c), (d).)

          Existing law defines a "missing person" to include any of the  
          following: 1) An at-risk adult; 2) A child who was taken,  
          detained, concealed, enticed away, or retained by a parent  
          illegally; 3) A child who is missing voluntarily or  
          involuntarily or under circumstances not conforming to his or  
          her ordinary habits or behavior and who may be need of  
          assistance. (Penal Code 14215(a).)

          Existing law defines an "at-risk" individual to be any of the  
          following: a victim of a crime or foul play; in need of medical  
          attention; has no pattern of running away or disappearing; may  
          be a victim of parental abduction; or mentally impaired. (Penal  
          Code 14215(b).)

          This bill clarifies that an at-risk individual who is mentally  
          impaired can include "a person who is cognitively impaired or  
          developmentally disabled." 










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                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  









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          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.



          COMMENTS

          1.  Need for This Bill 

          According to the author:

            The Silver Alert was signed into California law in 2012 to  
            help in the recovery of missing persons who are 65 years of  
            age and older. It was recently amended to include those who  
            have a developmental or mental disability or cognitive  
            impairment.

            There are more than 250,000 people living with developmental  
            disabilities in California. Roughly 1 in 20 adults suffer from  
            a severe mental Illness, and many of these individuals are at  
            great risk of wandering at some point in their lives.   
            Recently, there have been efforts to educate and train those  
            in law enforcement who come into contact with these  
            individuals on how to interact and de-escalate a situation  
            with the least amount of force, most recently with the passing  
            of SB 29 and SB 11 in 2015.

            Senate Bill 1330 will clarify that a "Be On The Lookout"  









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            bulletin should be issued when a missing person is cognitively  
            impaired or developmentally disabled. By updating the "Be On  
            The Lookout" bulletin provisions to conform to the Silver  
            Alert provisions, California will be taking another step  
            towards helping individuals with a developmental disability or  
            cognitive impairment live in safe communities.

          2.  Background 

          There are many protocols that apply to individuals who are  
          "at-risk" and missing. For instance, existing law establishes  
          that any "at-risk" and missing individuals' information will be  
          in the Attorney General's quarterly bulletin to local law  
          enforcement agencies, district attorneys, and public schools and  
          will be in the AG's confidential database for missing children  
          and at-risk adults created for statistical and research  
          purposes. Current law also dedicates a statewide, toll-free 24/7  
          telephone hotline to receive information to help locate missing  
          children and at-risk adults and to relay this information to the  
          appropriate authorities and also requires police and sheriff's  
          departments to immediately report and assess missing person  
          cases and that if the missing person is under 21 years of age or  
          at risk, to broadcast them a "Be On the Lookout" bulletin  
          without delay, within its jurisdiction. The bill clarifies that  
          a mentally impaired person, who is generally defined as  
          "at-risk" if missing, also includes a "cognitively impaired or  
          developmentally disabled" individual, which will help ensure  
          that current law also applies to help locate missing, at-risk  
          individuals with cognitive or developmental disabilities.

          There can be an overlap in defining developmental and cognitive  
          disabilities. "Developmental" and "cognitive" are very broad  
          labels, and do not particularly indicate the level of skill or  
          ability that an individual may have." Developmental disability"  
          is a legal umbrella term that refers to disabilities present  
          before an individual reaches age 22. Congenital developmental  
          disabilities exist at birth, but developmental disabilities can  
          also be acquired post birth. Examples of developmental  
          disabilities are: Cerebral palsy, epilepsy, autism, hearing  
          loss, Down syndrome, mental retardation, spinal injury and brain  
          injury. Though not all of these disabilities necessarily result  
          in decreased intellectual functioning, often people use the term  
          to refer to disabilities that have a component affecting  
          cognitive function. "Cognitive disabilities" generally refers to  









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          any disability affecting mental processes, and examples include  
          mental retardation, attention-deficit hyperactivity disorder  
          (ADHD), dyslexia, aphasia, brain injury, language delay and  
          learning disabilities.<1>

          In 2015, there were 83,144 reported cases of children who went  
          missing in California and of them 45,647 were female and 37,497  
          were male children.<2> It is unknown from the data how many of  
          these children were cognitively impaired or developmentally  
          disabled at the time that they went missing. In 2015, there were  
          40,823 reported cases of missing adults. From the total amount  
          of adults who went missing, 23,958 were male and 16,865 were  
          female adults. Of these cases, there were 1,943 "dependent  
          adults," which was defined as "any adult who has physical or  
          mental limitations that restrict his or her ability to carry out  
          normal activities."<3> 

          The number of active missing person cases in California averages  
          around 25,000 individuals and currently, there are over 3,000  
          reports of unidentified individuals (including homicide victims)  
          in the California Attorney General's database.<4> There is no  
          waiting period to report a missing person and the police and  
          sheriff's departments across California must accept any report,  
          whether it is made by telephone of missing persons and runaways,  
          immediately and give priority to handling such reports. Law  
          enforcement officers regularly highlight missing individuals on  
          the website either in the Featured Missing Children and Adult  
          Cases Section or through the Missing Person Bulletin. In order  
          to add photographs of a missing person on the website, family  
          members must submit the photo of the missing person to their  
          local law enforcement agency through a missing person's report.
          ---------------------------

          <1>  
          http://www.serviceandinclusion.org/index.php?page=developmental

          <2>  
          https://oag.ca.gov/sites/all/files/agweb/pdfs/missing/children/ch 
          ildren-2015-annual-reports.pdf?

          <3>  
          https://oag.ca.gov/sites/all/files/agweb/pdfs/missing/adults/adul 
          t-2015-annual-reports.pdf?

          <4> https://oag.ca.gov/missing








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