BILL ANALYSIS
AB 1762
Page 1
Date of Hearing: February 29, 2000
Counsel: Bruce E. Chan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 1762 (Villaraigosa) - As Amended: February 22, 2000
SUMMARY : Establishes pilot projects for crisis intervention
teams of law enforcement officers and mental health clinicians.
Specifically, this bill :
1)Finds and declares that because a substantial percentage of
persons suffering from serious mental illness will be arrested
at least once during their lifetimes, law enforcement agencies
should assume the responsibility of recognizing mental illness
and emphasize, where appropriate, placement of persons with
mental illness into treatment centers.
2)States that continuing existing programs, such as the
MET/SMART teams in Los Angeles, where specially trained teams
consisting of a mental health clinician and a law enforcement
officer are assigned to assist other officers in contacting
persons with mental illness, is an important goal of the
criminal justice system.
3)Directs the Office of Criminal Justice Planning (OCJP) to
establish pilot programs based on the San Jose Police
Department's Crisis Intervention Teams (CIT) in Los Angeles
County and a county located within the San Joaquin valley. The
CIT program located in the City of San Jose shall be eligible
to receive funding.
4)Requires pilot programs to establish training programs that
will be offered four times a year where patrol officers and
public safety dispatchers may attend a 40-hour curriculum
taught by mental health professionals and mental health
consumer groups. Course instructors must accompany patrol
officers and dispatchers during their duties to understand
police operations.
5)Requires OCJP to evaluate the pilot programs and submit a
report to the Legislature by January 1, 2003.
AB 1762
Page 2
EXISTING LAW :
1)Requires law enforcement officers to complete instruction in
the handling of persons with developmental disabilities and/or
mental illness as part of the Commission on Peace Officer
Standards and Training (POST) basic training course. Further
training courses are established by POST as deemed necessary.
(Penal Code Section 13519.2.)
2)Provides that if a defendant is incapable of understanding the
nature of the proceedings based on mental illness, then
criminal proceedings are suspended until the person regains
his or her competence. (Penal Code Section 1368 et seq.)
3)Provides for diversion-related treatment and rehabilitation of
persons assessed as being developmentally disabled. Upon
successful completion of diversion, the arrest upon which
diversion was based shall be deemed to have never occurred.
Any record relating to an arrest that resulted in successful
completion of a diversion program shall not be used to deny
any employment, benefit, license, or certificate. (Penal Code
Section 1001.20 et seq.)
4)Allows a peace officer to take into custody any person who, as
a result of a mental disorder, is a danger to others, or to
himself or herself, or gravely disabled. The person may be
placed into a mental health facility for treatment and
evaluation for 72 hours. (Welfare and Institutions Code
Section 5150.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "This pilot
project is created to provide regional training programs by
which law enforcement officers can become familiar with the
nature of mental illness, as well as the tools and resources
available to them.
"Due to the increase in drug and alcohol abuse and the release
of the mentally ill from institutions, many within this
population have become homeless. People with mental disorders
are twice as likely to abuse drugs and alcohol as are people
AB 1762
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without disorders. Almost one-half of people with brain
disorders never seek treatment. Suicide kills more people
with mental illness than any other cause. Ninety percent of
suicide victims have one or more psychiatric disorder at the
time of the suicide. According to recent studies,
approximately 40 percent of persons suffering from serious
mental illness will be arrested at least once during their
lifetimes. Violence by people with mental illness is most
frequently targeted toward family, friends, or treatment
providers. There is also an increased probability of violence
with law enforcement.
"It will be helpful to peace officers responding to calls
involving the mentally ill to have a general working knowledge
about mental illness and methods to de-escalate a volatile
situation. AB 1762 helps to accomplish that goal."
2)Crisis Intervention Teams: The San Jose Police Department has
employed the CIT approach to enhance interactions between
persons with mental illness, law enforcement, mental health
providers, and the community at large. The goal has been to
increase the safety of the mentally ill individual and the
officer by minimizing the use of force. To be effective, a
significant percentage of officers and public safety
dispatchers must receive 40 hours of training in mental
illness and crisis intervention techniques. Thereafter,
efforts must be made to schedule CIT trained personnel so that
they are available across all shifts.
Memphis, Tennessee, employs a similar approach. Ten years ago,
the police department began selecting experienced, officers to
join CITs. One hundred and sixty-five officers (20% of the
patrol force) receive at least 40 hours of special training
and work closely with local mental health advocates to gain an
understanding of what it means to be mentally disordered. The
police have formed working relationships with mental health
facilities in order to develop alternatives to incarceration.
The Memphis model has been emulated by police departments in
Iowa, Oregon, New Mexico, and New York.
3)MET/SMART Teams: In contrast to the CIT approach, the Los
Angeles County Sheriff has created Mental Evaluation Teams
(MET). Each unit consists of one deputy sheriff and one
mental health clinician. MET personnel have been specially
trained in the evaluation of mental illness, identification
AB 1762
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of persons suffering from mental illness, and locating
appropriate placements. There are currently three units
available to respond to assist other sheriff's department
personnel in their contacts with mentally ill citizens. The
Los Angeles Police Department employs a similar approach.
By creating specialized units dedicated to dealing with persons
with mental illness, a large department can reduce the burdens
associated with training and scheduling large numbers of
officers while providing multi-disciplinary teams with a great
deal of expertise and resources.
4)Related 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
Association for Los Angeles Deputy Sheriffs
Association of Regional Center Agencies
California Mental Health Directors Association
California Psychiatric Association
County of Los Angeles
National Association of Social Workers
Opposition
None on file
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744