Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental illnesses or developmental disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force. Existing law also requires the commission to develop, in consultation with specified entities, adequate instruction in the handling of persons with developmental disabilities or mental illnesses for inclusion in the basic training course for law enforcement officers.

Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force.

This bill would declare the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1227

Author:(Cooper) – As Amended Ver:March 26, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Commission on Peace Officer Standards and Training (POST) to study and submit a report to the Legislature, by December 31, 2017, assessing the status of training courses on peace officer interactions with mentally ill or developmentally disabled persons.

FISCAL EFFECT:

One-time minor costs to POST in the range of $50,000 (GF) to conduct the required study.

COMMENTS:

1. Purpose. According to the author, "AB 1227 directs the Commission on Peace Officer Standards and Training (POST) to collaborate with appropriate stakeholders to conduct a study on mental health course offerings for peace officer basic and continuing education training and assess whether those courses cover all appropriate topics and identify areas where additional training may be needed."

2. Background. POST was created by the legislature in 1959 to set minimum selection and training standards for California law enforcement. Their mandate includes establishing minimum standards for training of peace officers in California. As of 1989, all peace officers in California are required to complete an introductory course of training prescribed by POST, and demonstrate completion of that course by passing an examination.

AB 602 (Yamada)/ Chapter 673, Statutes of 2013 requires POST to establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course was to be developed by the commission in consultation with appropriate community, local, and state organizations and agencies having expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. The commission is to make the course is available to all law enforcement agencies in California, and the course is required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program.

3. Argument in Support: According to the Fraternal Order of Police, "AB 1227 will require POST, in collaboration with relevant stakeholders, to assess the status of the various peace officer training courses relating to mental illness and developmental disabilities. The bill will also require POST to assess whether the courses cover all appropriate topics, identify areas where additional training may be needed and report their findings to the legislature.

"The California Fraternal Order of Police is supportive of legislation that seeks to improve the training received by California’s peace officers and assist officers in their interactions with various segments of the population."

3. Related Legislation: AB 1289 (Cooper), also on today's agenda, requires POST to conduct a study on community policing and engagement programs, and report its finding to the Legislature by December 31, 2017.
   
   

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing: April 21, 2015

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 1227

Author:(Cooper) – As Amended Ver:March 26, 2015

SUMMARY:

Requires that the Commission on Peace Officer Status and Training (POST) shall study and submit a report to the Legislature that assesses the status of training courses on peace officer interactions with mentally ill or developmentally disabled persons. Specifically, this bill: 

1. Requires that POST study and assess training courses on peace officer interactions with mentally ill or developmentally disabled persons. 

2. Requires that POST submit a report to the Legislature on their study on or before December 31, 2017. 

3. Requires that the POST report assess whether the courses cover all appropriate topics and identify where additional training may be needed. 

4. Specifies that POST collaborate with all relevant stakeholders. 

EXISTING LAW:

1. Provides that POST shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program. (Pen. Code, § 13515.30, subd. (a).) 

2. Specifies that the course may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following:  (Pen. Code, § 13515.30, subd. (b).)

1. The prevalence, cause, and nature of mental illnesses and developmental disabilities.

2. The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center.

3. How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves.

4. Capacity and consent of individuals with cognitive and intellectual barriers.

5. Conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons.

6. Appropriate language usage when interacting with mentally disabled or developmentally disabled persons.

7. Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community.

8. The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime.

9. Information on the state mental hospital system and the state developmental center system.

10. Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared.

11. Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services.

1. Defines a "mandated reporter" as any person who has assumed the care or custody of an elder or dependent adult, including administrators, supervisors, or licensed staff of a public or private facility that provides care to elder or dependent adults, elder or dependent adult care custodian, health practitioner, clergy member, employee of county adult protective services, or a local law enforcement agency.  (Welf & Inst. Code, § 15630, subd. (a)(1).)

2. Requires any mandated reporter under the Elder Abuse and Adult Civil Protection Act who, within the scope of his or her employment, observes, has knowledge of physical abuse, financial abuse or neglect, or is told by an elder or dependent adult that he or she has experienced abuse, or reasonably suspects abuse, to immediately report the known or suspected abuse, as specified.  (Welf & Inst. Code, § 15630, subd. (b)(1).)

3. Provides that if the abuse has occurred in long-term care facility, except a state mental hospital or developmental center, the report shall be made to the local ombudsperson or the local law enforcement agency.  (Welf & Inst. Code, § 15630, subd. (b)(1)(a).)

4. Provides that failure to report elder abuse under the mandated reporting requirement is a misdemeanor, punishable by imprisonment in the county jail not to exceed six months; by a fine of not more than $1,000; or by both.  Failure to report abuse that results in a death or great bodily injury shall be punished by imprisonment in the county jail not to exceed one year; by a fine not to exceed $5,000; or by both.  (Welf & Inst. Code, § 15630, subd. (h).) 

5. Vests in the State Department of Developmental Services (DDS) jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to persons with developmental disabilities.  (Welf & Inst. Code, § 4440.)

6. Provides that a developmental center shall immediately report all resident deaths and serious injuries of unknown origin to the appropriate local law enforcement agency, which may, at its discretion, conduct an independent investigation.  The reporting requirements of this subdivision are in addition to, and do not substitute for, the reporting requirements of mandated reporters.  (Welf & Inst. Code, § 4427.5, subd. (a).)

7. Mandates DDS to do the following:

   1. Annually provide written information to every developmental center employee regarding all of the following:

      1. The statutory and departmental requirements for mandatory reporting of suspected or known abuse;

      2. The rights and protections afforded to individuals’ reporting of suspected or known abuse;

      3. The penalties for failure to report suspected or known abuse; and

      4. The telephone numbers for reporting suspected or known abuse or neglect to designated investigators of the department and to local law enforcement agencies. 

   2. On or before August 1, 2001, in consultation with employee organizations, advocates, consumers, and family members, develop a poster that encourages staff, residents, and visitors to report suspected or known abuse and provides information on how to make these reports.  (Welf & Inst. Code, § 4427.5, subd. (b).)

8. States that any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter.  (Welf & Inst. Code, § 15630, subd. (a).)

9. States that any mandated reporter who, in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, as defined, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced behavior, including an act or omission, constituting physical abuse, as defined, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that abuse, shall report the known or suspected instance of abuse by telephone or through a confidential Internet reporting tool, as authorized, immediately or as soon as practicably possible.  (Welf & Inst. Code, § 15630, subd. (b)(1).)

10. Provides any mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated have been inflicted upon an elder or dependent adult, or that his or her emotional well-being is endangered in any other way, may report the known or suspected instance of abuse to the specified agency.  (Welf & Inst. Code, §  15630, subd. (c)(1).)

11. Provides a mandated reporter in a long-term care facility other than a state mental health hospital or state developmental center, who has knowledge, or reasonably suspects abuse that is not mandated to be reported, may report the known or suspected abuse to the long-term care ombudsperson program.  Except in an emergency, the local ombudsperson shall report the case of known or suspected abuse to the Department of Health Services.  (Welf & Inst. Code, § 15630, subd. (c)(2).)

12. Provides if the suspected or alleged abuse occurred in a state mental health hospital or a state developmental center, the report may be made to the designated investigator of the State Department of Mental Health or the State Department of Developmental Services or to a local law enforcement agency or to the local ombudsperson.  Except in an emergency, the local ombudsperson and the local law enforcement agency shall report any case of known or suspected criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse, as soon as is practicable.  (Welf & Inst. Code, § 15630, subd. (c)(3).)

13. If the suspected or alleged abuse occurred in a place other than those specified, the report may be made to the county adult protective services agency.  (Welf & Inst. Code, §  15630, subd. (c)(3).)

14. Provides if the conduct involves criminal activity other than physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, it may be immediately reported to the appropriate law enforcement agency.  (Welf & Inst. Code, § 15630, subd. (d).)

15. States that a failure to report, or impeding or inhibiting a report of, physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult is a misdemeanor, punishable by not more than six months in the county jail, by a fine of not more than $1,000, or by both that fine and imprisonment.  Any mandated reporter who willfully fails to report, or impedes or inhibits a report of, physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult, in violation of this section, where that abuse results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than $5,000, or by both that fine and imprisonment.  If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, the failure to report is a continuing offense until a law enforcement agency as specified discovers the offense.  (Welf & Inst. Code, § 15630, subd. (h).)

16. Defines "dependent adult" as any person between the ages of 18 and 64 years who resides in California and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age; and includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined.  (Welf & Inst. Code, §§ 15610.23 & 15630, subd. (i).)

17. Requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST.  (Pen. Code, § 832, subd. (a).)

18. Establishes the Commission on Peace Officer Training and Standards.  (Pen. Code, § 13500.)

19. Empowers POST to develop and implement programs to increase the effectiveness of law enforcement.  (Pen. Code, § 13503.)

20. Authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental and moral fitness and training that shall govern the recruitment of any peace officers in California.  (Pen. Code § 13510, subd. (a).)

21. Requires POST to conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability and adopt standards supported by this research.  (Pen. Code, § 13510, subd. (b).)

22. Requires POST to establish a certification program for peace officers, which shall be considered professional certificates.  (Pen. Code § 13510.1, subd. (a).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 1227 directs the Commission on Peace Officer Standards and Training (POST) to collaborate with appropriate stakeholders to conduct a study on mental health course offerings for peace officer basic and continuing education training and assess whether those courses cover all appropriate topics and identify areas where additional training may be needed."
   
   

2. Background on this Form of Training:  The requirement for POST to train officers related to interaction with the mentally disabled or developmentally disabled came about in legislation in 2013.  AB 602 (Yamada), Chapter 673, of the statutes of 2013 mandated this training because of reports of abuse and exploitation in state hospitals. 

When a patient at one of the state's developmental centers is seriously injured or dies, the following occurs.  Employees must notify the facility's police force, Office of Protective Services (OPS), whenever a patient dies is or seriously injured.  OPS officers are required to respond immediately and secure the scene for evidence.  OPS must then notify the coroner's office and a local law enforcement agency of all deaths or serious injuries.  The developmental center must also report patient deaths to the state Department of Public Health, which regulates facilities.  Doctors, nurses and caretakers are mandatory reporters. 

Local police or sheriff's departments can open criminal investigations at their discretion.  OPS conducts criminal investigations and internal administrative reviews of suspicious deaths.  Coroner and medical examiner officers can perform autopsies to find the cause of death.  The Department of Public Heath investigates to determine if facility errors contributed to the death.  If regulators find the developmental center at fault, they can issue fines and citations which can put the facility's license in jeopardy.  However, the state has not revoked the license of its own centers even after they receive multiple citations.  Disability Rights California, a nonprofit group, has authority under federal and state law to investigate abuse of the disabled and publish its findings.  It has access to developmental patient records and police files the public does not.

City police and sheriff's departments can refer the results of their investigations to district attorneys' offices, which decide whether to file criminal charges.  Detectives with OPS must show their reports to lawyers for the state DDS, which operates the centers, before sending cases out to prosecutors."  [Alvarado and Springfield, Who is Accountable for Suspected Abuse at Developmental Centers? California Watch (Feb. 23, 2012).]

Increasing incidents of unexplained injuries and deaths have raised questions as to whether the current process provides sufficient protections for residents of developmental centers.  According to inspection data from the Department of Public Health, "The developmental centers have been the scene of 327 patient abuse cases since 2006 . . . .  Patients have suffered an additional 762 injuries of 'unknown origin' – often a signal of abuse that under state policy should be investigated as a potential crime.  At the state's five centers, the list of unexplained injuries includes patients who suffered deep cuts on the head; a fractured pelvis; a broken jaw; busted ribs, shins and wrists; bruises and tears to male genitalia; and burns on the skin the size and shape of a cigarette butt."  [Gabrielson, Police Force's Sloppy Investigations Leave Abuse of Disabled Unsolved, California Watch (Feb. 23, 2012).]  The OPS "often learns about potential abuse hours or days after the fact – if they find out at all.  Of the hundreds of abuse cases reported at the centers since 2006, California Watch could find just two cases where the department made an arrest."  (Id.)

3. Argument in Support: According to the Fraternal Order of Police, "AB 1227 will require POST, in collaboration with relevant stakeholders, to assess the status of the various peace officer training courses relating to mental illness and developmental disabilities. The bill will also require POST to assess whether the courses cover all appropriate topics, identify areas where additional training may be needed and report their findings to the legislature.

"The California Fraternal Order of Police is supportive of legislation that seeks to improve the training received by California’s peace officers and assist officers in their interactions with various segments of the population."

4. Prior Legislation: AB 602 (Yamada), Chapter 673, of the Statutes of 2013, mandated that POST develop and implement training for officers regarding mentally and developmentally disabled persons.
   
   

REGISTERED SUPPORT / OPPOSITION:

Support

California Public Defenders Association

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles County Professional Peace Officers Association

Sacramento County Deputy Sheriffs' Association

Santa Ana Police Officers Association

Opposition

None

Analysis Prepared by:

Gabriel Caswell / PUB. S. / (916) 319-3744