BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 2623 (Pan) - Peace officer standards and training.
Amended: May 23, 2014 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 2623 would:
Expand the existing Commission on Peace Officer Standards
and Training (POST) certified training course on elder and
dependent adult abuse to include the legal rights and
remedies available to victims of elder and dependent adult
abuse, as specified.
Require POST to consult with local adult protective
services (APS) offices and the Office of the Statewide
Long-Term Care (LTC) Ombudsman when creating new or updated
training materials.
Fiscal Impact:
One-time costs to POST of about $50,000 (Special Fund*) to
expand the current elder and dependent adult abuse training
module to include the new subject matter.
Likely minor, if any, increase in state-reimbursable costs
(General Fund) to the extent adding the additional topic to
the training course does not increase the time spent or cost
for training to law enforcement, as the provisions of this
bill do not require a new course, but just add a new topic
to cover within the existing course.
Minor, absorbable costs to POST, APS offices, and the LTC
Ombudsman to consult with one another when creating new or
updated training materials.
*Peace Officers' Training Fund
Background: Existing law requires that every city police officer
or deputy sheriff at a supervisory level and below, who are
assigned field or investigative duties, complete an elder and
dependent adult abuse training course certified by POST within
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18 months of assignment to field duties. Completion of the
course may be satisfied by telecourse, video training tape, or
other instruction. The training is required to include, at a
minimum, all of the following subjects:
Relevant laws.
Recognition of elder and dependent adult abuse.
Reporting requirements and procedures.
Neglect of elders and dependent adults.
Fraud of elders and dependent adults.
Physical abuse of elders and dependent adults.
Psychological abuse of elders and dependent adults.
The role of the local APS and public guardian offices.
(PC � 13515(a))
Existing law requires POST to consult with the Bureau of
Medi-Cal Fraud and Abuse, as well as other subject matter
experts, on the production of new or updated training materials
related to elder and dependent adult abuse training. (PC �
13515(b).)
Proposed Law: This bill would expand the existing POST-certified
training course on elder and dependent adult abuse to include
the legal rights and remedies available to victims of elder and
dependent adult abuse, including emergency protective orders and
the option to request a simultaneous move-out order, and
temporary restraining orders.
This bill also requires POST to consult with not only the Bureau
of Medi-Cal Fraud and Abuse, but also the local APS offices and
the Office of the Statewide LTC Ombudsman when creating new or
updated training materials.
Staff Comments: POST would incur minor one-time costs of about
$50,000 (Special Fund) to modify the elder and dependent adult
abuse training module to include the new subject matter. It is
estimated these costs would be absorbable.
The Commission on State Mandates has previously determined the
required training course on elder and dependent adult abuse that
is imposed on peace officers as a reimbursable mandate (CSM
98-TC-12). The Commission determined that local agencies are
mandated by the state through PC � 13515 to provide elder abuse
training to police officers and deputy sheriffs assigned to
field or investigative duties if the training occurs during the
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employee's regular working hours. As the provisions of this bill
do not require a new course, but just add a new topic to the
course, to the extent the training course itself does not
increase in duration and/or costs to law enforcement, no
increase to the level of state-reimbursable costs is estimated.
Existing law requires POST to consult with the Bureau of
Medi-Cal Fraud and Abuse, as well as other subject matter
experts, during the development of new or updated training on
elder and dependent adult abuse. As local APS offices and the
Office of the State LTC Ombudsman are arguably "subject matter
experts" in this area, this provision could be interpreted as a
clarification of existing law. Any costs to these agencies to
consult with POST are estimated to be minor and absorbable
within existing resources.