BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1051
Author: Liu (D), et al.
Amended: 8/20/12
Vote: 27 - Urgency
SENATE HUMAN SERVICES COMMITTEE : 7-0, 4/24/12
AYES: Liu, Emmerson, Berryhill, Hancock, Strickland,
Wright, Yee
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 5/8/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/29/12 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 78-0, 8/22/12 - See last page for vote
SUBJECT : Developmental centers and state hospitals:
reports of death,
injury and abuse: mandated reporters
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SOURCE : Author
DIGEST : 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.
Assembly Amendments make technical changes and add
coauthors.
ANALYSIS :
Existing law:
1. Establishes jurisdiction of DDS over state developmental
centers, which provide residential care to individuals
with developmental disabilities.
2. Establishes a police force within the state's DDS to
enforce developmental center rules, preserve peace and
protect the property of the state's developmental
centers. DDS has been designated the OPS.
3. Requires a developmental center to immediately report
all resident deaths and serious injuries of unknown
origin to the appropriate local law enforcement agency.
4. Establishes jurisdiction of the Department of Mental
Health over the state's mental hospitals.
5. Establishes a police force within the Department of
Mental Health to enforce hospital rules, preserve peace
and protect the property of the state's mental
hospitals.
6. Requires the state to designate a protection and
advocacy organization, as specified, to advocate for and
investigate allegations of abuse against individuals
with disabilities. This statute reflects federal
requirements that states identify and fund such an
advocacy organization.
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7. Requires, in the Health and Safety Code, that deaths or
serious injuries occurring in developmental centers or
state hospitals that result from the use of restraints
be reported to the state-designated protection and
advocacy organization.
8. Requires specified people, known as mandated reporters,
to report cases of elder or dependent adult abuse, as
defined, and makes the failure to report a misdemeanor.
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
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
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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.
Background
Developmental centers . The developmental centers are part
of a system of care overseen by DDS. With a proposed
budget of $4.7 billion for 2012-2013, DDS is responsible
for coordinating care and providing services for about
1,800 individuals living in developmental centers, as well
as for approximately 250,000 people with developmental
disabilities who receive services and supports to live in
their communities. A developmental disability is defined
as a severe and chronic disability that is attributable to
a mental or physical impairment that begins before age 18.
These disabilities include mental retardation, cerebral
palsy, autism, epilepsy and other similar conditions.
According to DDS, care in the developmental centers in
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recent years has become more focused on serving individuals
with severe behaviors, autism, co-occurring mental health
disorders and those with hearing and vision deficits. In
2011, the population living in Developmental centers
included individuals with the following diagnosis.
Residents may be reflected in more than one category:
87 percent were diagnosed with medical conditions
requiring treatment.
69 percent had severe to profound mental retardation.
60 percent had a dual diagnosis of both developmental
disability and mental health. Condition (an increase of
over 10 percent since 2008).
54 percent required support to walk/move about their
environment.
46 percent had severe behavior conditions.
45 percent of the total population had visual deficits.
Office of Protective Services . The creation of a
protective force within the developmental centers is found
in early statutes, which gave peace officer authority to
the hospital administrator and allowed the appointment of
part-time officers from the ranks of hospital employees.
Current statute confers peace officer status upon police
officers in the developmental centers and authorizes them
to enforce hospital rules, preserve peace and protect state
property. OPS officers investigate thefts, trespassing and
suspicious person claims, respond to missing client calls,
enforce restraining orders, patrol the developmental
centers' grounds and investigate suspicious deaths, sexual
assaults and other major crimes.
Evaluations of OPS in developmental centers over the past
12 years have considered whether to retain the internal law
enforcement presence or remove police functions to an
outside entity. These evaluators concluded that the
environment and investigative skills needed to work with
victims and witnesses who have developmental disabilities
is significantly different than what a municipal law
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enforcement officer would encounter and that, therefore,
OPS should be preserved.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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.
SUPPORT : (Verified 5/22/12) (Unable to reverify at time
of writing)
The Arc of California and United Cerebral Palsy
ASSEMBLY FLOOR : 78-0, 08/22/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Donnelly, Roger Hern�ndez
CTW:dm 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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