BILL ANALYSIS �
SB 1051
Page 1
SENATE THIRD READING
SB 1051 (Liu)
As Amended August 20, 2012
2/3 vote. Urgency
SENATE VOTE :39-0
PUBLIC SAFETY 6-0 HUMAN SERVICES 6-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Beall, Jones, Ammiano, |
| |Hagman, Mitchell, Hall | |Grove, Hall, Portantino |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
| | | | |
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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, regardless of
whether the cause is immediately known;
b) Any allegation of sexual assault, as defined, in which
the alleged perpetrator is an employee or contractor of a
state mental hospital or of the Department of Corrections
and Rehabilitation; and,
SB 1051
Page 2
c) Any report made to the local law enforcement agency in
the jurisdiction in which the facility is located 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
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, regardless of
whether the cause is immediately known;
b) Any allegation of sexual assault, as defined, in which
the alleged perpetrator is a developmental center or
department employee or contractor; and,
c) Any report made to the local law enforcement agency in
the jurisdiction in which the facility is located 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.
SB 1051
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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
local law enforcement, does not create a significant cost.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0005148