BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1296 (Correa)
Hearing Date: 05/03/2010 Amended: 04/07/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: This bill is requires Commission on Peace Officer
Standards and Training (POST) to meet with the Department of
Veterans Affairs (DVA) and other organizations, as specified,
that have expertise in the area of traumatic brain injury (TBI)
and post-traumatic stress disorder (PTSD) to assess the training
needed by peace officers, who are first responders in emergency
situations, on the topic of returning veterans or other persons
suffering from TBI or PTSD. This bill provides that if POST
determines that there is an unfulfilled need for training on TBI
and PTSD, it is required to determine the appropriate training
format, as specified and, upon the next regularly scheduled
review of a training module relating to persons with
disabilities, create and make available on DVD a course on how
to recognize and interact with returning veterans or other
persons suffering from TBI or PTSD designed for, and made
available to, peace officers who are first responders to
emergency situations. This bill requires POST to develop the
training course in consultation with DVA and appropriate
organizations that have expertise in the area of TBI and PTSD
and to make the course available to law enforcement agencies in
California. This bill requires the POST to distribute, as
necessary, a training bulletin via the Internet to law
enforcement agencies participating in the commission's program
on the topic of TBI and PTSD. This bill requires POST to report
to the Legislature, no later than June 30, 2012, on the extent
to which peace officers are receiving adequate training in how
to interact with persons suffering from TBI or PTSD.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
POST training development $88-150 $88-150
Likely minor General
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Many requirements of this bill are vague; thus, it is difficult
to determine how much it might cost to implement its provisions
because they are open to interpretation. Additionally, the
majority of the expense identified in the Fiscal Impact summary
hinges on whether or not POST determines that additional peace
office training in PTSD and TBI is needed. This bill gives POST
the authority to make that determination, and then take an
action on its recommendation that may result in significant
General Fund costs.
This bill requires POST to work with DVA and unspecified expert
organizations to determine if peace officers need more training
on PTSD and TBI. If POST determines that more training in these
areas is needed, it is required to determine the appropriate
training format and to create the training course concerning
PTSD and TBI. The workload associated with convening this work
group, and studying the availability (or
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SB 1296 (Correa)
lack thereof) of PTSD and TBI training depends on the extent of
its work product. If the group convenes and decides that there
is no need for additional training, the provisions of the bill
would be complete, and might be accomplished with existing
resources.
If POST determines that there is an unmet need for PTSD and TBI
training, this bill requires the commission to develop a new
training that is most appropriate and "fiscally responsible".
The costs identified in the Fiscal Impact are for POST to
develop this training DVD and training bulletin, make them
available to all law enforcement agencies, and to collect
information on local law enforcement training to report back to
the legislature. If POST creates telecourse, the all-inclusive
cost is $116,000. If POST creates a learning portal computer
course, it will cost approximately $300,000. This bill leaves
that decision to POST. The training would have to be developed
during calendar year 2011, between the time this bill becomes
law (on January 1, 2011) and the time it is expected to be
implemented to the degree that data would be available to report
to the Legislature by June 30, 2012.
This bill specifies that this training will be created upon the
next regularly scheduled review of a training module relating to
persons with disabilities, but it also authorizes POST to
determine the best training format. There are, however, several
possibly problematic directives in the bill. It is not clear 1)
if the persons with disabilities training module would be
updated in 2011, in order to meet the bill's timeline*; 2) if
adding TBI and PTSD to the disabilities training module is the
most appropriate way to implement the training; 3) if the
authority granted to POST to decide on the best training format
would supersede the provision that the training be in some way
linked to the disabilities training module; and 4) if resources
intended for the update of the persons with disabilities
training module are expected to be used and, thus, de-fund that
future update.
The cost of this bill is not "absorbable," because it requires a
direct trade-off with other POST activities and projects. POST
regularly updates trainings, as needed, and as its budget
allows. If POST is required to create a new training with no
additional funding, it will delay updates of other training
modules.
*POST has indicated it does not have immediate plans to update
that specific training module.