BILL ANALYSIS �
SB 1051
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1051 (Liu) - As Amended: August 6, 2012
Policy Committee: Public
SafetyVote:6-0
Human Services 6-0
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill 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)Requires DSH and DDS to report, to the designated protection
and advocacy agency, unexpected or suspicious deaths, employee
sexual assault allegations, or any report made to local law
enforcement regarding an employee and physical abuse.
2)Retitles the DDS Chief of the Office of Protective Services
(OPS), the Director of Protective Services, and requires the
director of Protective Services to be an experienced law
enforcement officer appointed by the Secretary of Health and
Human Services.
3)Requires mandated reporters within DDS developmental centers
to immediately report suspected abuse to OPS or to the local
law enforcement agency.
FISCAL EFFECT
Minor absorbable state costs to DSH and DDS.
As DSH and DDS employees and all mandated reporters are
currently required to report suspected abuse to local law
enforcement or department personnel, but not necessarily to the
designated protection and advocacy agency, requiring them to
report to the protection and advocacy agency in each case, or to
SB 1051
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local law enforcement, does not create a significant cost.
COMMENTS
1)Rationale . According to the author, the intent of the bill is
to strengthen oversight and tracking of crimes by requiring
developmental centers and state hospitals to report
suspicious deaths, sexual assaults, and other crimes to the
state-designated protection and advocacy agency. It also
requires employees in developmental centers to immediately
report suspected crimes to OPS, and elevates the profile of
the OPS by making the chief an appointment of the Secretary.
2)Support. According to the sponsor, Disability Rights
California, which is also the state-designated protection and
advocacy agency, "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."
3)There is no known opposition to this measure .
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081