BILL ANALYSIS
AB 1718
Page 1
Date of Hearing: April 4, 2000
Chief Counsel: Bruce E. Chan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 1718 (Hertzberg) - As Amended: March 28, 2000
SUMMARY : Requires the Commission on Peace Officer Standards
and Training (POST) to establish and update a continuing
education classroom training course regarding persons with
developmental disabilities or mental illness. Specifically,
this bill :
1)Requires POST to establish and update a continuing education
classroom training course regarding persons with developmental
disabilities or mental illness on or before June 30, 2001.
The training course shall be developed by POST in consultation
with community, state and local agencies that have expertise
in the field.
2)Provides that in developing the course, POST shall examine
existing courses. The course shall be made available to law
enforcement agencies in California and include the following
topics:
a)The cause and nature of mental illness and developmental
disability.
b)How to identify indicators of mental illness and
developmental disability and how to respond appropriately
in a variety of situations.
c)Conflict resolution and de-escalation techniques for
potentially dangerous situations.
d)Appropriate language usage when interacting with
potentially dangerous persons.
e)Community and state resources available to serve mentally
ill and developmentally disabled persons and how these
resources can be best utilized by law enforcement.
AB 1718
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3)Requires POST to submit a report to the Legislature by July 1,
2002 that includes a description of the curriculum development
process, information on the number of law enforcement agencies
and officers who utilized POST-certified courses relating to
the mentally ill and developmentally disabled, from July 1,
2000 to July 1, 2002.
4)States that it is the Legislature's intent to evaluate the
extent to which law enforcement officers are receiving
adequate training in how to interact with mentally ill and
developmentally disabled persons.
EXISTING LAW :
1)States that the purpose of establishing standards for peace
officer training is to raise the level of competence of local
law enforcement officers. Accordingly, POST may establish,
and amend from time to time, minimum standards. POST shall
conduct research concerning job-related educational standards
and job-related selection standards to include vision,
hearing, physical ability, and emotional stability. (Penal
Code Section 13510.)
2)Provides that POST establish a certification program for the
purpose of fostering professionalization, education, and
experience necessary to adequately accomplish general police
service duties. Certificates shall be awarded on the basis of
a combination of education, experience, and other
prerequisites, as determined by POST. (Penal Code Section
13510.1.)
3)Provides that POST develop courses of instruction in such
areas as tear gas, civil disobedience, elder abuse, high
technology crimes, sexual assault, child abuse and neglect,
first aid and CPR, domestic violence, developmental
disability, sudden infant death syndrome, missing persons,
racial and cultural diversity, hate crimes, high-speed
pursuits, gang and drug enforcement, sexual harassment, and
investigative techniques. (Penal Code Section 13514 et seq.)
4)Requires law enforcement officers to complete instruction in
the handling of persons with developmental disabilities and/or
mental illness as part of the POST's basic training course.
Further training courses are established by POST as deemed
necessary. (Penal Code Section 13519.2.)
AB 1718
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "Under current
law, law enforcement officers are required to receive six
hours of training in how to deal with persons with mental
illnesses and developmental disabilities during basic
training. There is no continuing education requirement. This
lack of significant training in such an important area is
clearly a problem. The mentally ill and developmentally
disabled are some of the most vulnerable members of our
society and they are often misunderstood and mistreated.
"Alarmingly, recent reports indicate that there have been a
disproportionately large number of police shootings of
mentally ill people and that the numbers of such incidents are
growing. Since 1994, the Los Angeles Police Department has
shot and killed 25 people who were exhibiting signs of mental
illness. During that same period, the Los Angeles Sheriff's
office has repotted that mentally ill people accounted for 12%
of all shootings, 28% this last year. They also estimate that
about 25% of their law enforcement contacts involve persons
who are psychologically disturbed. In Los Angeles County,
approximately 60% of the homeless are assessed as being
mentally ill and there is evidence that these estimates apply
nationwide. A survey conducted by the National Alliance for
the mentally ill in Sacramento found that 66% of families with
a mentally ill family member had contact with the criminal
justice system at least once relating to their ill family
member. There are also large numbers of people with
developmental disabilities, such as mental retardation,
cerebral palsy and autism, who are often not treated properly
by law enforcement because officers lack an adequate
understanding of the nature of their disabilities.
"Continuing education classroom training would better enable
law enforcement officers to recognize and then appropriately
respond to behavioral indicators and diffuse confrontational
situations involving these vulnerable populations. Six hours
in basic training is not enough, considering the importance of
the issue and the sheer numbers of people with these
conditions officers encounter on a daily basis. Furthermore,
confrontations with the mentally ill and developmentally
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disabled are some of the most sensitive and potentially
dangerous situations that law enforcement officers encounter.
For example, a person with cerebral palsy or autism may
exhibit overt signs of intoxication or disorientation. If
officers in the field are trained in how to interact with
these populations throughout their careers, they will be
better able to respond to the needs of that community and
handle delicate and potentially dangerous situations. This
measure will help better prepare officers to more successfully
deal with an unstable and unpredictable population.
"Persons with mental illnesses and developmental disabilities
have historically been underrepresented and mistreated. They
are entitled to the protections afforded all citizens and
better training is a way to ensure equal treatment. Providing
law enforcement with a classroom continuing education training
course that they can utilize will enable them to better equip
themselves with the tools to more successfully interact with
the developmentally disabled and mentally ill communities."
2)Current POST Training: Currently, law enforcement officers
are required to receive six hours of POST-approved training in
how to deal with persons with mental illnesses and
developmental disabilities during their basic course. There
is no continuing education requirement. Given the vulnerable
nature of these populations and the number of such people that
interact with law enforcement on a daily basis, the lack of
significant training in such an important area is a serious
problem. This bill requires POST to establish a continuing
education classroom training course in the area and to make
that course available to law enforcement. POST would be
required to report back to the Legislature on the development
and utilization of the course. This bill equips the
Legislature with the best information possible to allow them
to evaluate the sufficiency of law enforcement training in the
area.
3)Arguments In Support: The Autism Society of America states,
"We believe it is absolutely necessary for law enforcement
officers to receive training on how to handle people with
developmental disabilities and mental illness. To the
untrained eye, a person with autism may appear to be
non-compliant and/or on drugs. In fact, the person with
autism may be non-verbal and/or unable to process language and
therefore not able to follow commands or have uncontrolled
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impulses with no understanding of the consequences."
The California Psychiatric Association states, "Recent events in
Los Angeles have demonstrated the need for this training.
Persons with serious mental illnesses, especially when they
are psychotic, can appear to be under the influence of a
substance, or may otherwise engage in bizarre behavior that
can be frightening. This behavior by the mentally ill person
is usually in a self-defense mode by a person who is
frightened, often paranoid, and is being done for
self-defense. It would be quite helpful to police officers to
be trained to recognize when a person he or she encounters may
be mentally ill, how to de-escalate the situation or to call
in crisis intervention teams or mental health professionals."
4)Pending Legislation. AB 1762 (Villaraigosa) is pending in
Assembly Appropriations.
5)Prior Legislation: SB 2049 (Vasconcellos), of the 1997-98
Legislative Session, was vetoed by Governor Wilson. SB 2049
required POST to provide a training course on persons with
developmental disabilities or mental illness to law
enforcement officers every four years and to require that
custodial staff employed in private correctional companies
receive the POST certified training.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees,
AFL-CIO
Association for Los Angeles Deputy Sheriffs, Inc.
Association of Regional Center Agencies
Autism Society of America, Greater Long Beach South Bay Chapter
Autism Society of California
Autism Society of Los Angeles
California Health Care Association
California Mental Health Directors Association
California Peace Officers Association
California Police Chiefs Association
California Psychiatric Association
City and County of San Francisco
AB 1718
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Frank D. Lanterman Regional Center
Los Angeles County District Attorney
Los Angeles Police Protective League
NAMI California
Opposition
Commission on Peace Officer Standards and Training
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744