BILL ANALYSIS �
SB 1051
Page 1
Date of Hearing: June 26, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1051 (Liu) - As Amended: June 18, 2012
SUMMARY : Requires the Department of State Hospitals (DSH) and
developmental centers within the Department of Developmental
Services (DDS) to report suspected abuse to the designated
protection and advocacy agency. Specifically, this bill :
1)Mandates DSH to report, no later than the close of the first
business day following the discovery of the reportable
incident, to the designated agency the following incidents
involving a resident of a state mental hospital:
a) Any unexpected or suspicious death;
b) Any sexual assault allegation implicating the
involvement of a state mental hospital employee or an
employee of the Department of Corrections and
Rehabilitation; and
c) Any report made to the local law enforcement agency that
involves physical abuse, as defined, in which a staff
member is implicated.
2)Provides that the chief of the Office of Protective Services
(OPS), who has the responsibility and authority to manage all
protective service components within the OPS's law enforcement
and fire protection divisions, including those at each state
developmental center, shall be known as the "Director of
Protective Services".
3)Requires the Director of Protective Services to be an
experienced law enforcement officer with a Peace Officers
Standards and Training Management Certificate or higher, and
with extensive management experience directing uniformed peace
officer and investigation operations.
4)States that the Director of Protective Services shall be
SB 1051
Page 2
appointed by, and shall serve at the pleasure of, the
Secretary of California Health and Human Services.
5)Mandates developmental centers to report, no later than the
close of the first business day following the discovery of the
reportable incident, to the designated agency, any of the
following incidents involving a resident of a developmental
center:
a) Any unexpected or suspicious death;
b) Any sexual assault allegation implicating the
involvement of a developmental center or department
employee; and
c) Any report made to the local law enforcement agency that
involves physical abuse, as defined, in which a staff
member is implicated.
6)Requires mandated reporters within developmental centers to
immediately report suspected abuse to OPS or to the local law
enforcement agency.
7)Contains an urgency clause.
EXISTING LAW:
1)Vests in DDS jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
persons with developmental disabilities. (Welfare and
Institutions Code Section 4440.)
2)Provides that a developmental center shall immediately report
all resident deaths and serious injuries of unknown origin to
the appropriate local law enforcement agency, which may, at
its discretion, conduct an independent investigation. The
reporting requirements of this subdivision are in addition to,
and do not substitute for, the reporting requirements of
mandated reporters. �Welfare and Institutions Code Section
4427.5(a).]
3)Mandates DDS to do the following:
a) Annually provide written information to every
developmental center employee regarding all of the
SB 1051
Page 3
following:
i) The statutory and departmental requirements for
mandatory reporting of suspected or known abuse;
ii) The rights and protections afforded to individuals'
reporting of suspected or known abuse;
iii) The penalties for failure to report suspected or
known abuse; and
iv) The telephone numbers for reporting suspected or
known abuse or neglect to designated investigators of the
department and to local law enforcement agencies.
b) On or before August 1, 2001, in consultation with
employee organizations, advocates, consumers, and family
members, develop a poster that encourages staff, residents,
and visitors to report suspected or known abuse and
provides information on how to make these reports.
�Welfare and Institutions Code Section 4427.5(b).]
4)States that any person who has assumed full or intermittent
responsibility for the care or custody of an elder or
dependent adult, whether or not he or she receives
compensation, including administrators, supervisors, and any
licensed staff of a public or private facility that provides
care or services for elder or dependent adults, or any elder
or dependent adult care custodian, health practitioner, clergy
member, or employee of a county adult protective services
agency or a local law enforcement agency, is a mandated
reporter. �Welfare and Institutions Code Section 15630(a).]
5)States that any mandated reporter who, in his or her
professional capacity, or within the scope of his or her
employment, has observed or has knowledge of an incident that
reasonably appears to be physical abuse, as defined,
abandonment, abduction, isolation, financial abuse, or
neglect, or is told by an elder or dependent adult that he or
she has experienced behavior, including an act or omission,
constituting physical abuse, as defined, abandonment,
abduction, isolation, financial abuse, or neglect, or
reasonably suspects that abuse, shall report the known or
suspected instance of abuse by telephone or through a
confidential Internet reporting tool, as authorized,
SB 1051
Page 4
immediately or as soon as practicably possible. �Welfare and
Institutions Code Section 15630(b)(1).]
6)Provides any mandated reporter who has knowledge, or
reasonably suspects, that types of elder or dependent adult
abuse for which reports are not mandated have been inflicted
upon an elder or dependent adult, or that his or her emotional
well-being is endangered in any other way, may report the
known or suspected instance of abuse to the specified agency.
�Welfare and Institutions Code Section 15630(c)(1).]
7)Provides a mandated reporter in a long-term care facility
other than a state mental health hospital or state
developmental center, who has knowledge, or reasonably
suspects abuse that is not mandated to be reported, may report
the known or suspected abuse to the long-term care
ombudsperson program. Except in an emergency, the local
ombudsperson shall report the case of known or suspected abuse
to the Department of Health Services. �Welfare and
Institutions Code Section 15630(c)(2).]
8)Provides if the suspected or alleged abuse occurred in a state
mental health hospital or a state developmental center, the
report may be made to the designated investigator of the State
Department of Mental Health or the State Department of
Developmental Services or to a local law enforcement agency or
to the local ombudsperson. Except in an emergency, the local
ombudsperson and the local law enforcement agency shall report
any case of known or suspected criminal activity to the Bureau
of Medi-Cal Fraud and Elder Abuse, as soon as is practicable.
�Welfare and Institutions Code Section 15630(c)(3).]
9)If the suspected or alleged abuse occurred in a place other
than those specified, the report may be made to the county
adult protective services agency. �Welfare and Institutions
Code Section 15630(c)(3).]
10)Provides if the conduct involves criminal activity other than
physical abuse, abandonment, abduction, isolation, financial
abuse, or neglect, it may be immediately reported to the
appropriate law enforcement agency. �Welfare and Institutions
Code Section 15630(d).]
11)States that a failure to report, or impeding or inhibiting a
report of, physical abuse, abandonment, abduction, isolation,
SB 1051
Page 5
financial abuse, or neglect of an elder or dependent adult is
a misdemeanor, punishable by not more than six months in the
county jail, by a fine of not more than $1,000, or by both
that fine and imprisonment. Any mandated reporter who
willfully fails to report, or impedes or inhibits a report of,
physical abuse, abandonment, abduction, isolation, financial
abuse, or neglect of an elder or dependent adult, in violation
of this section, where that abuse results in death or great
bodily injury, shall be punished by not more than one year in
a county jail, by a fine of not more than $5,000, or by both
that fine and imprisonment. If a mandated reporter
intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe
neglect, the failure to report is a continuing offense until a
law enforcement agency as specified discovers the offense.
�Welfare and Institutions Code Section 15630(h).]
12)Defines "dependent adult" as any person between the ages of
18 and 64 years who resides in California and who has physical
or mental limitations that restrict his or her ability to
carry out normal activities or to protect his or her rights,
including, but not limited to, persons who have physical or
developmental disabilities, or whose physical or mental
abilities have diminished because of age; and includes any
person between the ages of 18 and 64 years who is admitted as
an inpatient to a 24-hour health facility, as defined.
�Welfare and Institutions Code Sections 15610.23 and
15630(i).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1051 is a
bi-partisan bill resulting from the Senate Human Services
Committee hearing. It seeks to strengthen oversight and
tracking of crimes in several key ways, including by requiring
state developmental centers and mental hospitals to report
suspicious deaths, sexual assaults involving staff members and
other crimes to the state-designated protection and advocacy
agency. It requires employees in developmental centers to
immediately report suspected crimes to OPS, and elevates the
oversight of the OPS chief by making it an appointment of the
Secretary."
SB 1051
Page 6
2)Background : According to the background materials provided by
the author, "Current law establishes a police force, the
Office of Protective Services, in state developmental centers
and mental hospitals which keep peace at the institutions and
investigate criminal activity.
"The quality of investigations by these officers has been the
subject of inquiry and controversy for more than a decade. In
February, a series of highly critical news articles questioned
the ability of OPS to conduct complex criminal investigations.
A Senate Human Services Committee hearing in March also
explored these issues. SB 1051 is a bi-partisan bill
resulting from that hearing.
"A number of government agencies and advocacy organizations have
evaluated this issue and concluded that officers were poorly
trained and inexperienced, including the federal Attorney
General's office which identified a troubling number of
unexplained injuries at developmental centers.
"In 2002 the state Attorney General's office, acting upon a
request of the Senate Select Committee on Developmental
Disabilities and Mental Health, recommended DDS establish MOUs
�Memorandum Of Understandings] with local law enforcement
agencies, which was done. State law requires that OPS report
all resident deaths and serious injuries of unknown origin to
the appropriate law enforcement agency. Despite this, few, if
any, local law enforcement agencies have aided in
investigations, leaving OPS to conduct homicide and other
investigations."
3)Investigating Incidents that Occur in Developmental Centers :
When a patient at one of the state's developmental centers is
seriously injured or dies, the following occurs: "Employees
must notify the facility's police force, OPS, whenever a
patient dies is or seriously injured. OPS officers are
required to respond immediately and secure the scene for
evidence. OPS must then notify the coroner's office and a
local law enforcement agency of all deaths or serious
injuries. The developmental center must also report patient
deaths to the state Department of Public Health, which
regulates facilities. Doctors, nurses and caretakers are
mandatory reporters.
"Local police or sheriff's departments can open criminal
SB 1051
Page 7
investigations at their discretion. OPS conducts criminal
investigations and internal administrative reviews of
suspicious deaths. Coroner and medical examiner officers can
perform autopsies to find the cause of death. The Department
of Public Heath investigates to determine if facility errors
contributed to the death. If regulators find the
developmental center at fault, they can issue fines and AA
citations which can put the facility's license in jeopardy.
However, the state has not revoked the license of its own
centers even after they receive multiple AA citations.
Disability Rights California, a nonprofit group, has authority
under federal and state law to investigate abuse of the
disabled and publish its findings. It has access to
developmental patient records and police files the public does
not.
"City police and sheriff's departments can refer the results of
their investigations to district attorneys' offices, which
decide whether to file criminal charges. Detectives with OPS
must show their reports to lawyers for the state DDS, which
operates the centers, before sending cases out to
prosecutors." �Alvarado and Springfield, Who is Accountable
for Suspected Abuse at Developmental Centers? California Watch
(Feb. 23, 2012).]
Increasing incidents of unexplained injuries and deaths have
raised questions as to whether the current process provides
sufficient protections for residents of developmental centers.
According to inspection data from the Department of Public
Health, "The developmental centers have been the scene of 327
patient abuse cases since 2006 . . . . Patients have suffered
an additional 762 injuries of 'unknown origin' - often a
signal of abuse that under state policy should be investigated
as a potential crime. At the state's five centers, the list
of unexplained injuries includes patients who suffered deep
cuts on the head; a fractured pelvis; a broken jaw; busted
ribs, shins and wrists; bruises and tears to male genitalia;
and burns on the skin the size and shape of a cigarette butt."
�Gabrielson, Police Force's Sloppy Investigations Leave Abuse
of Disabled Unsolved, California Watch (Feb. 23, 2012).] The
OPS "often learns about potential abuse hours or days after
the fact - if they find out at all. Of the hundreds of abuse
cases reported at the centers since 2006, California Watch
could find just two cases where the department made an
arrest." (Id.)
SB 1051
Page 8
This bill requires mandated reporters to immediately report
incidents to OPS, which would address the current problems of
delay in reporting. Additionally, this bill requires both DDS
and DSH to report specified incidents, including suspicious
deaths and sexual assaults implicating an employee or staff
member, to the designated protection and advocacy agency. The
agency holds this designation through a contract with the
State. Currently, the protection and advocacy agency for both
DDS and DSH is Disability Rights California.
4)Arguments in Support :
a) According to Disability Rights California (the sponsor
of this bill) , "SB 1051 provides additional protections for
people with disabilities and is essential. It ensures that
known and suspected abuse of elders and dependent adults is
immediately reported to law enforcement. The measure also
ensures that officers in state developmental centers are
under the direction of a qualified law enforcement officer
with extensive prior management experience directing
uniformed officers and investigations. Finally, it
broadens the reports the state protection and advocacy
receive regarding possible incidents of abuse and neglect
of residents in state facilities."
b) According to The Arc California and United Cerebral
Palsy California Collaboration , "�W]e continue to believe
that making the Office of Protective Services chief an
appointment of the governor - and especially making the
appointment subject to confirmation by the Senate - is
necessary to assure OPS accountability to the Legislature
and the Public. �] Senate confirmation will build in
periodic accountability to the Legislature and the public
and prevent developmental center safety from slipping back
into the shadows as it has done in the past."
5)Related Legislation :
a) SB 1522 (Leno) requires a developmental center to
immediately report a death, a sexual assault, an assault
with a deadly weapon or force likely to produce great
bodily injury, or an injury to the genitals when the cause
of injury is undetermined, to the local law enforcement
agency having jurisdiction over the city or county in which
SB 1051
Page 9
the developmental center is located, regardless of whether
OPS has investigated the facts and circumstances relating
to the incident. SB 1522 is pending hearing by the
Assembly Committee on Human Services.
b) SB 718 (Vargas), Chapter 92, Statutes of 2011, allows
mandated reporters of elder and dependent adult abuse to
make reports through the Internet, as specified.
c) AB 40 (Yamada) requires a mandated reporter to report to
the local ombudsman, the corresponding licensing agency,
and the local law enforcement agency within 24 hours of the
reporter observing, obtaining knowledge of, or suspecting
the physical abuse of an elder or dependent adult. AB 40
is pending hearing by the Senate Committee on Banking and
Financial Institution.
6)Previous Legislation :
a) SB 110 (Liu), Chapter 617, Statutes of 2010, requires
law enforcement to retain exclusive responsibility for
criminal investigations against elders, dependent adults
and persons with disabilities when Adult Protective
Services and local ombudsman are conducting concurrent
investigations.
b) AB 2100 (Wolk), Chapter 481, Statutes of 2008, requires
the local ombudsperson and the local law enforcement agency
to immediately report cases of known or suspected physical
abuse, which includes sexual abuse, and financial abuse to
the local district attorney's office in the county where
the abuse occurred.
c) AB 1765 (Blakeslee), of the 2007-08 Legislative Session,
would have required a mandated reporter in a long term care
facility report suspected abuse to both the adult
protective services agency and the local law enforcement
agency.. AB 1765 was never heard by this Committee.
d) AB 1188 (Wolk), Chapter 16, Statutes of 2005, makes the
impeding or inhibiting by a supervisor or administrator of
the report of child, elder, or dependent abuse punishable
by imprisonment in the county jail for up to 6 months, or
by a fine of up to $1,000, or by both that fine and
imprisonment. AB 1188 provides that any mandated reporter
SB 1051
Page 10
who willfully and unlawfully fails to report abuse or
neglect, or any person who impedes or inhibits a report of
abuse or neglect, where that abuse or neglect results in
death or great bodily injury, shall be punished by
imprisonment in the county jail for up to one year, a fine
of up to $5,000, or both that fine and imprisonment.
e) AB 430 (Cardenas), Chapter 171, Statutes of 2002,
requires, among other provisions, a developmental center to
immediately report all resident deaths and serious injuries
of unknown origin to the appropriate law enforcement agency
that may, at its discretion, conduct an independent
investigation. AB 430 also requires the State Department
of Developmental Services to annually provide written
information to every developmental center employee
regarding suspected or known abuse, and, on or before
August 1, 2001, to develop a poster that encourages staff,
residents, and visitors to report suspected or known abuse
and provides information on how to make these reports.
REGISTERED SUPPORT / OPPOSITION :
Support
Disability Rights of California (Sponsor)
Developmental Disabilities Area Board 10
The Arc California
United Cerebral Palsy California Collaboration
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744