BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1718|
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THIRD READING
Bill No: AB 1718
Author: Hertzberg (D), et al
Amended: 6/20/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 5/9/00
AYES: Vasconcellos, Burton, McPherson, Polanco, Rainey
NOT VOTING: Johnston
ASSEMBLY FLOOR : 72-0, 4/24/00 - See last page for vote
SUBJECT : Peace officers advanced training: intervention
with
developmentally disabled and mentally ill
persons
SOURCE : Author
DIGEST : This bill requires the establishment of a
continuing education training course on law enforcement
interaction with developmentally disabled and mentally ill
persons. This bill requires the Commission on Peace
Officer Standards and Training to report to the Legislature
by October 1, 2003 relative to the effectiveness of the
course, as specified.
ANALYSIS : Existing law requires specified categories of
law enforcement officers to meet training standards
pursuant to courses of training certified by the Peace
Officers Standards and Training (POST) program, including a
basic training course for law enforcement officers
CONTINUED
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containing an adequate instruction in the handling of
persons with developmental disabilities or mental illness.
Existing law provides that POST develop courses of
instruction in such cases 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.
This bill requires that on or before June 30, 2001, the
Commission on Peace Officer Standards and Training shall
establish and keep updated a continuing education
classroom-training course relating to law enforcement
intervention with developmentally disabled and mentally ill
persons. The training course is to be developed by the
commission in consultation with appropriate community,
local, state organizations, and agencies that have
expertise in the area of mental illness and developmental
disability, and with appropriate consumer and family
advocate groups.
This bill provides that the course consist (1) of classroom
instruction, (2) utilize interactive training methods to
ensure that the training is as realistic as possible, and
(3) include, at a minimum, core instruction in all of the
following:
1.The cause and nature of mental illness and developmental
disabilities.
2.How to identify indicators of mental illness and
developmental disability and how to respond appropriately
in a variety of common situations.
3.Conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally ill
and developmentally disabled persons.
4.Appropriate language usage when interacting with mentally
ill and developmentally disabled persons.
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5.Alternatives to lethal force when interacting with
potentially dangerous mentally ill and developmentally
disabled persons.
6.Community and state resources available to serve mentally
ill and developmentally disabled persona and how these
resources can be best utilized by law enforcement to
benefit the mentally ill and developmentally disabled
community.
This bill requires the commission to submit a report to the
Legislature by October 1, 2003 that includes all of the
following:
1.A description of the process by which the course was
established, including a list of the agencies and groups
that were consulted.
2.Information on the number of law enforcement agencies
that utilized and the number of officers that attended
the course or other courses certified by the commission
relating to mentally ill and developmentally disabled
persons from July 1, 2001 to July 1, 2003, inclusive.
3.Information on the number of law enforcement agencies
that utilized and the number of officers that attended
courses certified by the commission relating to mentally
ill and developmentally disabled persons from July 1,
2000 to July 1, 2001, inclusive.
This bill states that:
1.The Legislature encourages law enforcement agencies to
include the course created in this section or any other
course certified by the commission relating to mentally
ill and developmentally disabled persons as part of their
advanced officer training program.
2.It is the intent of the Legislature to reevaluate, on the
basis of its review of the report required by POST, the
extent to which law enforcement officers are receiving
adequate training in how to interact with the mentally
ill and developmentally disabled.
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Prior Legislation
SB 2049 (Vasconcellos), 1997-98 Session . Passed the Senate
Floor with a vote of 25-10 (NOES: Brulte, Haynes, Hurtt,
Johannessen, Kelley, Knight, Lewis, Monteith, Mountjoy,
Rainey).
SB 2049 was vetoed by the Governor in September 1998. The
bill required POST or provide a mandatory training course
on persons with developmental disabilities or mental
illness to law enforcement officers every four years. SB
2049 was opposed by POST, which argues it was already
providing sufficient training in this area; that the bill
represented an unfunded mandate on POST and local law
enforcement; and that another training mandate imposed on
local law enforcement would seriously hamper its
flexibility in meeting local training needs that may be of
a higher priority.
POST, however, supports this bill. Unlike SB 2049, this
bill does not require that the continuing education course
it propose be part of POST's mandatory training. Instead,
it only requires that POST offer the course to law
enforcement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/20/00)
Commission on Peace Officer Standards and Training
American Federation of State, County and Municipal
Employees
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
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City and County of San Francisco
Frank D. Lanterman Regional Center
Los Angeles County District Attorney
Los Angeles Police Protective League
NAMI California
ARGUMENTS IN SUPPORT : The author's office has indicated
the following in background:
"Under current law, law enforcement officers required to
receive 6 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 LAPD has shot and killed 25
people who were exhibiting signs of mental illness. During
that same period, the Los Angeles Sheriff's office has
reported that mentally ill people accounted for 12 percent
of all shootings, 28 percent this last year. They also
estimate that about 25 percent of their law enforcement
contact involves persons who are psychologically disturbed.
In Los Angeles County, approximately 60 percent 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 percent 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 also often not treated
property 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
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appropriately respond to behavioral indicators that diffuse
confrontational situations involving these vulnerable
populations. Six hours in basic training is not enough for
officers to have 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
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.
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Baldwin, Bates,
Battin, Baugh, Bock, Brewer, Briggs, Calderon, Campbell,
Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox,
Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh,
Florez, Floyd, Gallegos, Granlund, Havice, Honda, House,
Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach, Lempert,
Longville, Lowenthal, Machado, Maddox, Maldonado,
Margett, Mazzoni, McClintock, Migden, Nakano, Olberg,
Robert Pacheco, Rod Pacheco, Papan, Pescetti, Reyes,
Romero, Runner, Scott, Shelley, Steinberg, Strickland,
Strom-Martin, Thompson, Thomson, Torlakson, Washington,
Wayne, Wesson, Wiggins, Wright, Zettel, Hertzberg
NOT VOTING: Ashburn, Frusetta, Leonard, Oller,
Villaraigosa, Vincent, Wildman, Vacancy
RJG:cm 6/20/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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