BILL ANALYSIS �
AB 2623
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2623 (Pan) - As Amended: April 28, 2014
Policy Committee: Public
SafetyVote: 7-0
Aging and Long Term Care 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires peace officers who respond to elder or
dependent adult abuse reports to, in addition to the currently
required elder and dependent adult abuse training, complete an
updated course of instruction on elder and dependent adult abuse
every two years. This bill also:
1)Requires local law enforcement agencies to provide all patrol
officers a "Victims of Elder or Dependent Adult Abuse" card
that summarizes peace officer training related to elder and
dependent adult abuse, including the definition of elder and
dependent adult abuse. In addition, the card must include the
phone number of local adult protective services, the phone
number of the local long-term ombudsman, and, if available, a
phone number for other services that provide assistance, and a
statement to inform the victim of the right to petition the
court for an emergency protective order.
2)Expands the existing Commission on Peace Officer Standards and
Training (POST) certified training course on elder and
dependent abuse, to include legal rights and remedies
available to victims of elder or dependent adult abuse,
including emergency protective orders and the option to
request a simultaneous move-out order and a temporary
restraining order.
FISCAL EFFECT
1)Special fund (Peace Officer Training Fund) costs in the range
of $125,000 to develop a new training module, presumably via
AB 2623
Page 2
telecourse, to update elder and dependent adult abuse training
biennially. If the training is developed as an online course,
to allow officers and departments more flexibility in terms of
training time, costs would be in the range of $350,000.
2)Special fund (POTF) costs in the range of $100,000 to expand
the current elder and dependent adult abuse training module if
done as a telecourse. If developed as an online course, costs
would be about twice as much.
3)Significant reimbursable mandated local law enforcement costs
(likely GF), likely in the range of $1.5 million, to provide
updated elder and dependent adult abuse training every two
years to all police and sheriff patrol officers. Assuming
this training requires about 60,000 police officers and deputy
sheriffs to dedicate 60 minutes to additional training every
two years, annual statewide reimbursable costs would be in the
range of $1.5 million. Some departments would absorb the costs
and require officers to complete the training on their own
time, others would likely file a mandate claim.
4)Minor, potentially state reimbursable local costs to develop
an elder and dependent adult abuse card.
COMMENTS
1)Rationale . The author contends the aging of the population
requires increased elder and dependent adult abuse training
and awareness.
2)Current law requires every city police officer or deputy
sheriff who is assigned field or investigative duties to
complete a POST-certified elder and dependent abuse training
course within 18 months of assignment. Course completion may
be satisfied by telecourse, video training tape, or other
instruction. The training shall include all of the following:
a) Recognition of elder and dependent adult abuse and
neglect
b) Reporting requirements and procedures
c) Physical and psychological abuse of elder and dependent
adults
d) The role of the local adult protective services public
guardian offices.
AB 2623
Page 3
3)Adding training has significant fiscal and officer-power
costs . Adding additional training requirements can take
officers off the street. The Legislature must balance
carefully the fiscal and personnel costs of adding training
requirements.
4)Should a POST feasibility study be required before additional
training is proposed ? Statute currently requires a feasibility
study by POST before considering changes to peace officer
status. This statute was adopted in 1989 to respond to
numerous requests for upgrades to peace officer status from
various entities that were creating somewhat of a status
competition between the many peace officer designations.
A POST feasibility study regarding new, expanded or
restructured peace officer training would provide the
Legislature the information necessary to make dispassionate,
informed and contextual decisions regarding peace officer
training.
5)Current POST basic training requirements include a minimum of
664 hours of academy training, though the average length of
the 39 POST-certified academies is closer to 1,000 hours.
Currently, POST requires officers to complete 24 hours of
professional training (CPT) every 24-months. On average,
however, according to POST, officers actually complete about
40-hours of annual training based on POST-identified needs and
legislative mandates.
Special POST-certified training includes: civil disobedience,
developmentally disabled persons, autistic spectrum disorders,
traumatic brain injury, post-traumatic stress disorder, high
tech crimes, sexual assault, child abuse and neglect, maritime
operations, domestic violence, stalking, missing persons,
sudden infant death syndrome, cultural diversity, hate crimes,
homeless persons, sexual harassment, reproductive rights, and
gangs and drugs.
6)Is there data or information to support increasing training
for elder abuse, rather than any of myriad possibilities ?
7)It is not clear why a card presented to an elder suffering
abuse, presumably to provide references to related services,
should contain definitions and information on a peace
officer's training.
AB 2623
Page 4
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081