BILL ANALYSIS
SB 1296
Page 1
Date of Hearing: June 22, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1296 (Correa) - As Amended: April 7, 2010
SUMMARY : Provides for education of law enforcement in the areas
of traumatic brain injury (TBI) and post-traumatic stress
disorder (PTSD). Specifically, this bill :
1)Requires Commission on Peace Officers Standards and Training
(POST) to meet with the Department of Veterans Affairs (DVA)
and community, local, or other state organizations and
agencies that have expertise in the area of TBI and PTSD in
order 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.
2)States that if POST determines that there is an unfulfilled
need for training on TBI and PTSD, the Commission shall
determine the training format that is both fiscally
responsible and meets the training needs of the greatest
number of officers.
3)States that if POST determines that there is an unfulfilled
need for training on TBI and PTSD, the Commission, upon the
next regularly scheduled review of a training module relating
to persons with disabilities, shall create and make available
on DVD and may distribute electronically, or provide by means
of another form or method of training, a course on how to
recognize and interact with returning veterans or other
persons suffering from TBI or PTSD. This course shall be
designed for, and made available to, peace officers who are
first responders to emergency situations.
4)Requires the training course to be developed by the commission
in consultation with DVA and appropriate community, local, or
other state organizations and agencies that have expertise in
the area of TBI and PTSD. POST would be required to make the
course available to law enforcement agencies in California.
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5)Requires POST to distribute, as necessary, a training bulletin
via the Internet to law enforcement agencies participating in
POST's program on the topic of TBI and PTSD.
6)Specifies that POST shall 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.
7)Provides that its requirement for submitting a report is
inoperative on June 30, 2016, as specified.
8)Requires that the report is to be submitted as a printed copy
to both the Legislative Counsel and the Secretary of the
Senate, and as an electronic copy to the Chief Clerk of the
Assembly, and made available to the public in compliance with
the Government Code, as specified.
EXISTING LAW :
1)States that by July 1, 2006, POST shall establish and keep
updated a continuing education classroom training course
relating to law enforcement interaction with mentally disabled
persons. The training course shall be developed by POST 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. In
developing the course, POST shall also examine existing
courses certified by POST that relate to mentally disabled
persons. POST shall make the course available to law
enforcement agencies in California. [Penal Code Section
13515.25(a).]
2)Provides the course shall consist of classroom instruction and
shall utilize interactive training methods to ensure that the
training is as realistic as possible. The course shall
include, at a minimum, core instruction in all of the
following [Penal Code Section 13515.25(b)]:
a) The cause and nature of mental illnesses and
developmental disabilities;
b) How to identify indicators of mental disability and how
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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;
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 specified hate crime.
3)States POST shall submit a report to the Legislature by
October 1, 2004, that shall include all of the following
[Penal Code Section 13515.25(c)]:
a) A description of the process by which the course was
established, including a list of the agencies and groups
that were consulted.
b) Information on the number of law enforcement agencies
that utilized, and the number of officers that attended,
the course or other courses certified by POST relating to
mentally disabled persons from July 1, 2001, to July 1,
2003, inclusive.
c) Information on the number of law enforcement agencies
that utilized, and the number of officers that attended,
courses certified by POST relating to mentally disabled
persons from July 1, 2000, to July 1, 2001, inclusive.
d) An analysis of the Police Crisis Intervention Training
Program used by the San Francisco and San Jose Police
Departments, to assess the training used in these programs
and compare it with existing courses offered by POST in
order to evaluate the adequacy of mental disability
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training available to local law enforcement officers.
4)States the Legislature encourages law enforcement agencies to
include the course created in this section, and any other
course certified by the commission relating to mentally
disabled persons, as part of their advanced officer training
program. [Penal Code Section 13515.25(d).]
5)States legislative intent to reevaluate, on the basis of its
review of the report, the extent to which law enforcement
officers are receiving adequate training in how to interact
with mentally disabled persons. [Penal Code Section
13515.25(e).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "TBI and PTSD
have been identified as the 'signature injuries' and 'silent
epidemics' affecting an increasing number of veterans
returning from recent military conflicts. It has been
estimated that 300,000 Iraq and Afghanistan war veterans are
afflicted with PTSD. Persons with TBI are often referred to
as the 'walking wounded.' Their injuries, mostly unnoticeable
at first sight, pose certain challenges to those who come in
contact with them. TBI and PTSD symptoms can sometimes
include behaviors of anger, hostility, and aggression.
"SB 1296 will provide the necessary tools for peace officers
who are first responders to emergency situations to recognize
and interact with returning veterans or other persons
suffering from TBI and PTSD."
2)Background : According to the background submitted by the
author, "The Center for Disease Control estimates that 5.3
million Americans have long-term or lifelong disabilities
associated with TBI, including 350,000 Californians.
Approximately 50,000 people in the U.S. die every year from
TBI. It has been estimated that 300,000 Iraq and Afghanistan
war veterans are afflicted with PTSD. Current California law
does not provide for peace officers who are emergency first
responders to receive training on how to recognize and
interact with persons suffering from TBI or PTSD.
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"According the DVA, over two million veterans live in California
- the largest number in the nation. California veteran's
households represent more than 10 percent of the state's total
population.
"The Brain Injury Association of America defines 'TBI' as a blow
or jolt to the head that can temporarily or permanently
diminish a person's physical abilities, impair cognitive
skills, and interfere with emotional and behavioral
well-being.
"Statistics from the U.S. Department of Defense show that, since
2001, approximately 1.64 million U.S. troops have deployed as
part of Operation Enduring Freedom (OEF) in and around
Afghanistan and Operation Iraqi Freedom (OIF) in Iraq. As of
April 2010, over 37,000 U.S. service members have been wounded
in action in OIF and OEF combined. Approximately 50 percent
of injuries sustained by troops in OIF were due to explosive
blasts. These blasts shake or compress the brain within the
skull, often resulting in damage to brain tissue that can
range from mild to devastating and permanent, creating a
condition also known as 'TBI'. According to the Defense and
Veterans Brain Injury Center, from January, 2003 to February,
2007, from all wounded soldiers evacuated from the battlefield
and treated at the Walter Reed Army Medical Center in
Washington, DC, 29 percent sustained TBI.
"Unlike previous recent wars (Vietnam and Korea), service
members are experiencing multiple deployments, increasing the
psychological toll developed by continuous deployment
experiences and constant exposure to improvised explosive
devices while in combat. According to the U.S. DVA, close to
30 percent of the troops deployed to OEF and OIF develop
serious mental health problems within three to four months of
returning home, including PTSD.
"In 2007, an article by the Journal of Rehabilitation Research
and Development of the DVA (JRRD-DVA) reviewed emerging
literature on the specific subject of concussive injuries in
the military related to PTSD and PTSD-like symptoms related to
TBI and concussion. Subsequently, a comprehensive RAND study
released in 2008, 'The Invisible Wounds of War,' compiled data
from the JRRD-DVA article and other sources on the same
subject that 'strongly suggests that even mild TBI may have
long-term mental health and medical consequences and symptoms
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are often comorbid with PTSD, depression, and post-traumatic
visual syndrome that can further confound diagnosis and
treatment.' Furthermore, the RAND study concluded: 'A
substantial number of injuries in our returning troops involve
the head and are caused by a neurologically damaging explosive
blast. The traumatic nature of injuries in the combat
environment is leading to increased presence of PTSD. Future
research should focus on key issues in this area, including
evaluating the effect of mild TBI on the symptomatic features
and PTSD development and exploring optimal identification of
and treatments for PTSD after mild TBI.' "
3)Argument in Support : According to the California Brain Injury
Association , "[i]f passed, this bill will provide necessary
training for peace officers, often the first responders to
emergencies. The training will educate the peace officers how
to identify persons suffering from TBI and PSTD and minimize
the potential for additional injury and incarceration."
4)Prior Legislation : SB 1531 (Correa), Chapter 621, Statutes of
2008, requires POST to distribute electronically a course on
how to recognize and interact with persons with autistic
spectrum disorders.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion, Department of California
AMVETS California
California Brain Injury Association
Vietnam Veterans of America, California State Council
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744