Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training, as specified. The bill would also require POST to require as part of its existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified.

By requiring local law enforcement field training officers to have at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training, as specified. The bill would also require POST to require as part of its existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified.

By requiring local law enforcement field training officers to have at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention training related to behavioral health, behavioral health training, as specified. The bill would also require POST to require as part of its existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified.

By requiring local law enforcement field training officers to have at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have 20 hours of promising or evidence-based behavioral health training, at least 8 hours of crisis intervention training related to behavioral health, as specified. The bill would also require POST to require as part of its field training program 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability, existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified.

By requiring local law enforcement field training officers to have 20 at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have 40 20 hours of promising or evidence-based behavioral health training, as specified. The bill would also require POST to require as part of its field training program 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability, to be completed as specified.

By requiring local law enforcement field training officers to have 40 20 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have 40 hours of promising or evidence-based behavioral health training, as specified. The bill would also require POST to require a 20-hour evidence-based behavioral health training course as part of its field training program 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability, to be completed as specified.

By requiring local law enforcement field training officers to have 40 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

This bill would require POST to require field training officers who are instructors for the field training program to have 40 hours of evidence-based behavioral health training, as specified. The bill would also require POST to require the field training program to include a 20-hour evidence-based behavioral health training course relating to law enforcement interaction with persons with mental illness or intellectual disability, to be completed as specified.

By imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires an employer to allow an employee to use his or her sick leave to care for an ill spouse, domestic partner, parent, or child, as defined.

This bill would make technical, nonsubstantive changes to that provision.

SENATE THIRD READING

STR Bill Id:SB 29

Author:(Beall)

As Amended Ver:August 31, 2015

Majority vote

SENATE VOTE: 40-0

SUMMARY: Requires law enforcement field training officers to have training from the Commission on Police Officer Standards and Training (POST) regarding law enforcement interaction with persons with mental illness or intellectual disability. Specifically, this bill:

1. Requires field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers to effectively interact with persons with mental illness or intellectual disability. Training should be taught segments that are at least four hours long.

2. Excludes a field training officer who has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement.

3. Specifies that field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment.

4. States that nothing shall prevent an agency from requiring its field training officers from completing a crisis intervention behavioral health training with a greater amount of hours or sooner than the specified time limits.

5. Requires POST to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. This course shall be at least four hours of classroom instruction and instructor-led active learning.

6. Requires all prospective field training officers to complete the course as part of the field training officer program.

7. Requires POST to implement the provisions of this section on or before August 1, 2016.

8. Specifies that POST shall, by May 1, 2016, conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability.

9. Directs that POST shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups.

10. States that the training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:

    1. How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia;

    2. Autism spectrum disorder;

    3. Down syndrome;

    4. Conflict resolution and de-escalation techniques for potentially dangerous situations;

    5. Alternatives to use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities;

    6. The perspective of individuals and/or families with lived experiences with persons with mental illness, intellectual disability, and substance use disorders;

    7. Involuntary holds; and,

    8. Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement.

EXISTING LAW:

1. Requires any department which employs peace officers to have a POST-approved Field Training Program. Requests for approval of a department's Field Training Program must be submitted to POST and signed by the department head attesting to the adherence of the following program requirements:

   1. The Field Training Program must have Field Training Officers (FTOs) who:

      1. Have been awarded a POST Basic Certificate (not Specialized);

      2. Have a minimum of one year general law enforcement uniformed patrol experience;

      3. Have been selected based upon a department-specific selection process; and,

      4. Meet the following training requirements:

         1. Successfully complete a POST-certified Field Training Officer Course prior to training new officers; and,

         2. Complete 24-hours of update training every three years following completion of the Field Training Officer Course.

2. Requires a POST-Approved Field Training Program to minimally include the following topics: a) Agency Orientation and Department Polices; b) Officer Safety; c) Ethics; d) Use of Force; e) Patrol Vehicle Operations; f) Community Relations/Professional Demeanor (including Cultural Diversity, Community Policing, and Problem Solving; g) Radio Communications; h) Leadership; i) California Codes and Law; j) Search and Seizure; k) Report Writing; l) Control of Persons, Prisoners, and Mentally Ill; m) Patrol Procedures (including Domestic Violence and Pedestrian and Vehicle Stops); n) Investigations/Evidence; o) Tactical Communications/Conflict Resolution; p) Traffic (including Driving Under the Influence); (q) Self-Initiated Activity; r) Additional Agency-Specific Topics (may include Community Specific Problems, Special Needs Groups, etc.).

3. Specifies that the POST-certified Field Training Officer Course be a minimum of 40 hours. In order to meet local needs, flexibility to present additional curriculum may be authorized with prior POST approval. Instructional methodology is at the discretion of individual course presenters unless specified otherwise in a training specification document developed for the course. The Field Training Officer Course curriculum must include the following topics: a) Field Training Program Goals and Objectives; b) Keys to Successful Field Training Programs; c) Field Training Program Management/Roles of Program Personnel; d) Teaching and Training Skills Development; e) The Professional Relationship between the FTO and the Trainee; f) Evaluation/Documentation; g) Expectations and Roles of the FTO; h) Driver Safety; i) Officer Safety; j) Intervention; k) Remediation/Testing/Scenarios; l) Trainee Termination; m) Legal Issues and Liabilities; n) Review of the Regular Basic Course Training; and, o) Competency Expectations.

4. Requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with mentally disabled persons. The training course is required to be developed 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. POST is required to make the course available to law enforcement agencies in California. This course must consist of classroom instruction and utilize interactive training methods to ensure that the training is as realistic as possible. The course must include, at a minimum, core instruction in the following:

   1. The cause and nature of mental illnesses and developmental disabilities;

   2. How to identify indicators of mental 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 disabled persons;

   4. Appropriate language usage when interacting with mentally disabled persons;

   5. Alternatives to lethal force when interacting with potentially dangerous mentally disabled persons;

   6. Community and state resources available to serve mentally disabled persons and how these resources can be best utilized by law enforcement to benefit the mentally disabled community; and,

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

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Reimbursable state mandated costs in the $2.57 million (General Fund) range initially and $600,000 ongoing to backfill for officers participating in the training. There are currently 482 cities and 58 counties in California. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs for missed work hours for all field training officers in training.

2. Initial costs of $1.7 million (Post Officer's Training Fund – POTF) to POST for training costs and course development, and annual ongoing costs of $250,000 (POTF) for prospective training.

COMMENTS: According to the author, "People with mental illnesses or intellectual disabilities are involved in nearly half of all police shootings. Yet the California Peace Officer Standard and Training Curriculum mandates only six hours of mental health training; and there is no requirement to include mental health training for new officers in the Field Training Program. SB 29 increases training for new officers in field training while increasing training of existing officers who supervise them. The bill responds to the public’s demand to increase safety by mandating stronger evidence-based behavioral health training that has proven to reduce volatile confrontations between peace officers and people with mental illnesses or intellectual disabilities. Equally important, SB 29 acknowledges California’s diverse populations by requiring training to be culturally appropriate."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001684

 UNFINISHED BUSINESS  

Bill No: SB 29

Author: Beall (D)

Amended: 8/31/15

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15

AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 40-0, 6/3/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

ASSEMBLY FLOOR: 77-2, 9/2/15 - See last page for vote

SUBJECT: Peace officer training: mental health

SOURCE: United Domestic Workers of America

DIGEST: This bill requires law enforcement field training officers (FTOs) to have training from the Commission on Police Officer Standards and Training (POST) regarding law enforcement interaction with persons with mental illness or intellectual disability.

Assembly Amendments:

1. Require FTOs who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training, taught in segments that are at least four hours long, as specified.

2. Exclude an FTO who has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement, as specified.

3. Specify that FTOs assigned or appointed before January 1, 2017, must complete the crisis intervention behavioral health training by June 30, 2017. FTOs assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment.

4. Require POST to establish and keep updated an FTO course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, as specified. Requires all prospective FTOs to complete the course as part of the FTO program, as specified.

5. Delete the requirement that POST require as part of its existing field training program 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability to be completed during the employing department’s field training and probationary period.

6. Require POST, by May 1, 2016, to conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability, as specified.

ANALYSIS:

Existing law:

1. Creates POST. POST consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. (Penal Code § 13500.)

2. Requires POST to adopt rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of any city police officers, peace officer members of a county sheriff's office, marshals or deputy marshals, and other specified peace officers. (Penal Code § 13510.)

3. Requires, in Section 1005 of Title 11 of the California Code of Regulations, any department which employs peace officers to have a POST-approved Field Training Program. Requests for approval of a department’s Field Training Program must be submitted to POST and signed by the department head attesting to the adherence of the following program requirements:

1. The Field Training Program is to be delivered over a minimum of 10 weeks and based upon the structured learning content as specified in the POST manual.

2. A trainee must have successfully completed the Regular Basic Course before participating in the Field Training Program.

3. The Field Training Program must have a Field Training Supervisor/ Administrator/Coordinator (SAC), as specified.

4. The Field Training Program must have FTOs who meet specified requirements.

5. Trainees must be supervised depending upon their assignment:

1. A trainee assigned to general law enforcement uniformed patrol duties must be under the direct and immediate supervision (physical presence) of a qualified FTO.

2. A trainee temporarily assigned to non-enforcement, specialized function(s) for the purpose of specialized training or orientation is not required to be in the immediate presence of a qualified FTO while performing the specialized function(s).

6. Trainee performance must be:

1. Documented daily through journaling, daily training notes, or Daily Observation Reports (DORs) and shall be reviewed with the trainee by the FTO; and,

2. Monitored by a Field Training Program SAC, or designee, by review and signing of the DORs or, by completing and/or signing weekly written summaries of performance (e.g., Supervisor's Weekly Report, Coaching and Training Reports) that are reviewed with the trainee.

7. The FTO’s attestation of each trainee’s competence and successful completion of the Field Training Program and a statement that releases the trainee from the program, along with the signed concurrence of the department head, or his or her designate, must be retained in department records.

4. Requires a POST-Approved Field Training Program to minimally include the following topics: (a) Agency Orientation and Department Polices; (b) Officer Safety; (c) Ethics; (d) Use of Force; (e) Patrol Vehicle Operations; (f) Community Relations/Professional Demeanor (including Cultural Diversity, Community Policing, and Problem Solving; (g) Radio Communications; (h) Leadership; (i) California Codes and Law; (j) Search and Seizure; (k) Report Writing; (l) Control of Persons, Prisoners, and Mentally Ill; (m) Patrol Procedures (including Domestic Violence and Pedestrian and Vehicle Stops); (n) Investigations/Evidence; (o) Tactical Communications/Conflict Resolution; (p) Traffic (including DUI); (q) Self-Initiated Activity; and, (r) Additional Agency-Specific Topics (may include Community Specific Problems, Special Needs Groups, etc.). (POST Administrative Manual, Procedure D-13-3.)

5. Requires that the POST-certified FTO Course be a minimum of 40 hours.  In order to meet local needs, flexibility to present additional curriculum may be authorized with prior POST approval.  Instructional methodology is at the discretion of individual course presenters unless specified otherwise in a training specification document developed for the course.  The FTO Course curriculum must include the following topics: (a) Field Training Program Goals and Objectives; (b) Keys to Successful Field Training Programs; (c) Field Training Program Management/Roles of Program Personnel; (d) Teaching and Training Skills Development; (e) The Professional Relationship between the FTO and the Trainee; (f) Evaluation/Documentation; (g) Expectations and Roles of the FTO; (h) Driver Safety; (i) Officer Safety; (j) Intervention; (k) Remediation/Testing/Scenarios; (l) Trainee Termination; (m) Legal Issues and Liabilities; (n) Review of the Regular Basic Course Training; and, (o) Competency Expectations. (POST Administrative Manual, Procedure D-13-4.)

This bill:

1. Requires FTOs who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers to effectively interact with persons with mental illness or intellectual disability. Training should be taught segments that are at least four hours long.

2. Excludes an FTOwho has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement.

3. Specifies that FTOs assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. FTOs assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment.

4. States that nothing shall prevent an agency from requiring its FTOs from completing a crisis intervention behavioral health training with a greater amount of hours or sooner than the specified time limits.

5. Requires POST to establish and keep updated an FTO course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. This course shall be at least four hours of classroom instruction and instructor-led active learning.

6. Requires all prospective FTOs to complete the course as part of the FTO program.

7. Requires POST to implement the provisions of this section on or before August 1, 2016.

8. Specifies that POST shall, by May 1, 2016, conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability.

9. Directs that POST shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups.

10. States that the training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:

    1. How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia;

    2. Autism spectrum disorder;

    3. Genetic disorders, including, but not limited to, down syndrome;

    4. Conflict resolution and de-escalation techniques for potentially dangerous situations;

    5. Alternatives to use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities;

    6. The perspective of individuals and/or families with lived experiences with persons with mental illness, intellectual disability, and substance use disorders;

    7. Involuntary holds; and,

    8. Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement.

Background

All field training requirements are regulatory. POST requires an officer be provided a minimum of 10 weeks of field training. This training must cover 18 different competency requirements, including a component relating to “Control of Persons, Prisoners, and Mentally Ill.” A trainee can comply with these requirements by demonstrating competency in the field, through role playing, or by taking a verbal or written test. Both the FTO and the trainee have to sign a form stating that training was received and competency was demonstrated for each of the training components. This bill requires POST to conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability.

FTOs must have a POST Basic Training Certificate and one year general law enforcement uniformed patrol experience. FTOs are additionally required to have a minimum of 40 hours of training on a variety of topics, including: (1) Field Training Program Goals and Objectives; (2) Keys to Successful Field Training Programs; (3) Field Training Program Management/Roles of Program Personnel; (4) Teaching and Training Skills Development; (5) The Professional Relationship between the FTO and the Trainee; (6) Evaluation/Documentation; (7) Expectations and Roles of the FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention; (11) Remediation/Testing/Scenarios; (12) Trainee Termination; (13) Legal Issues and Liabilities; (14) Review of the Regular Basic Course Training; and, (15) Competency Expectations. There is currently no behavioral health training requirement.

This bill requires eight hours of crisis intervention behavioral health training for FTOs who provide instruction in the field training program, as specified. And, this bill requires POST to establish and keep updated a FTO course that addresses how to interact with persons with mental illness or intellectual disability and requires all prospective FTOs to complete the course as part of the FTO program.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee:

1. Reimbursable state mandated costs in the $2.57 million (General Fund) range initially and $600,000 ongoing to backfill for officers participating in the training. There are currently 482 cities and 58 counties in California. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs for missed work hours for all FTOs in training.

2. Initial costs of $1.7 million (Post Officer's Training Fund – POTF) to POST for training costs and course development, and annual ongoing costs of $250,000 (POTF) for prospective training.

SUPPORT: (Verified 9/1/15)

United Domestic Workers of America (source)

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees

Association of Regional Center Agencies

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Association of Highway Patrolmen

California Attorneys for Criminal Justice

California Council of Community Mental Health Agencies

California Crisis Intervention Training Association

California Medical Association

California Narcotic Officers Association

California Public Defenders Association

City of San Jose

Community Health Awareness Council

County Behavioral Health Directors Association

Disability Action Coalition

Disability Rights California

Donald Rocha, San Jose City Councilmember

Jeffrey Rosen, District Attorney, Santa Clara County

Los Angeles Deputy Sheriffs

Los Angeles Police Protective League

Mental Health America of California

National Alliance on Mental Illness

Riverside Sheriffs’ Association

State Council on Developmental Disabilities

Steinberg Institute

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 9/1/15)

California State Sheriffs’ Association

ASSEMBLY FLOOR: 77-2, 9/2/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Bigelow, Grove

NO VOTE RECORDED: Harper

Prepared by: Jessica Devencenzi / PUB. S. /

9/2/15 18:11:41

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 29

Author: Beall (D)

Amended: 8/31/15

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15

AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 40-0, 6/3/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

ASSEMBLY FLOOR: 77-2, 9/2/15 - See last page for vote

SUBJECT: Peace officer training: mental health

SOURCE: United Domestic Workers of America

DIGEST: This bill requires law enforcement field training officers (FTOs) to have training from the Commission on Police Officer Standards and Training (POST) regarding law enforcement interaction with persons with mental illness or intellectual disability.

Assembly Amendments:

1. Require FTOs who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training, taught in segments that are at least four hours long, as specified.

2. Exclude an FTO who has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement, as specified.

3. Specify that FTOs assigned or appointed before January 1, 2017, must complete the crisis intervention behavioral health training by June 30, 2017. FTOs assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment.

4. Require POST to establish and keep updated an FTO course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, as specified. Requires all prospective FTOs to complete the course as part of the FTO program, as specified.

5. Delete the requirement that POST require as part of its existing field training program 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability to be completed during the employing department’s field training and probationary period.

6. Require POST, by May 1, 2016, to conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability, as specified.

ANALYSIS:

Existing law:

1. Creates POST. POST consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. (Penal Code § 13500.)

2. Requires POST to adopt rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of any city police officers, peace officer members of a county sheriff's office, marshals or deputy marshals, and other specified peace officers. (Penal Code § 13510.)

3. Requires, in Section 1005 of Title 11 of the California Code of Regulations, any department which employs peace officers to have a POST-approved Field Training Program. Requests for approval of a department’s Field Training Program must be submitted to POST and signed by the department head attesting to the adherence of the following program requirements:

1. The Field Training Program is to be delivered over a minimum of 10 weeks and based upon the structured learning content as specified in the POST manual.

2. A trainee must have successfully completed the Regular Basic Course before participating in the Field Training Program.

3. The Field Training Program must have a Field Training Supervisor/ Administrator/Coordinator (SAC), as specified.

4. The Field Training Program must have FTOs who meet specified requirements.

5. Trainees must be supervised depending upon their assignment:

1. A trainee assigned to general law enforcement uniformed patrol duties must be under the direct and immediate supervision (physical presence) of a qualified FTO.

2. A trainee temporarily assigned to non-enforcement, specialized function(s) for the purpose of specialized training or orientation is not required to be in the immediate presence of a qualified FTO while performing the specialized function(s).

6. Trainee performance must be:

1. Documented daily through journaling, daily training notes, or Daily Observation Reports (DORs) and shall be reviewed with the trainee by the FTO; and,

2. Monitored by a Field Training Program SAC, or designee, by review and signing of the DORs or, by completing and/or signing weekly written summaries of performance (e.g., Supervisor's Weekly Report, Coaching and Training Reports) that are reviewed with the trainee.

7. The FTO’s attestation of each trainee’s competence and successful completion of the Field Training Program and a statement that releases the trainee from the program, along with the signed concurrence of the department head, or his or her designate, must be retained in department records.

4. Requires a POST-Approved Field Training Program to minimally include the following topics: (a) Agency Orientation and Department Polices; (b) Officer Safety; (c) Ethics; (d) Use of Force; (e) Patrol Vehicle Operations; (f) Community Relations/Professional Demeanor (including Cultural Diversity, Community Policing, and Problem Solving; (g) Radio Communications; (h) Leadership; (i) California Codes and Law; (j) Search and Seizure; (k) Report Writing; (l) Control of Persons, Prisoners, and Mentally Ill; (m) Patrol Procedures (including Domestic Violence and Pedestrian and Vehicle Stops); (n) Investigations/Evidence; (o) Tactical Communications/Conflict Resolution; (p) Traffic (including DUI); (q) Self-Initiated Activity; and, (r) Additional Agency-Specific Topics (may include Community Specific Problems, Special Needs Groups, etc.). (POST Administrative Manual, Procedure D-13-3.)

5. Requires that the POST-certified FTO Course be a minimum of 40 hours.  In order to meet local needs, flexibility to present additional curriculum may be authorized with prior POST approval.  Instructional methodology is at the discretion of individual course presenters unless specified otherwise in a training specification document developed for the course.  The FTO Course curriculum must include the following topics: (a) Field Training Program Goals and Objectives; (b) Keys to Successful Field Training Programs; (c) Field Training Program Management/Roles of Program Personnel; (d) Teaching and Training Skills Development; (e) The Professional Relationship between the FTO and the Trainee; (f) Evaluation/Documentation; (g) Expectations and Roles of the FTO; (h) Driver Safety; (i) Officer Safety; (j) Intervention; (k) Remediation/Testing/Scenarios; (l) Trainee Termination; (m) Legal Issues and Liabilities; (n) Review of the Regular Basic Course Training; and, (o) Competency Expectations. (POST Administrative Manual, Procedure D-13-4.)

This bill:

1. Requires FTOs who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers to effectively interact with persons with mental illness or intellectual disability. Training should be taught segments that are at least four hours long.

2. Excludes an FTO who has completed eight hours of crisis intervention behavioral health training within the past 24 months, or 40 hours of crisis intervention behavioral health training, from the training requirement.

3. Specifies that FTOs assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. FTOs assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment.

4. States that nothing shall prevent an agency from requiring its FTOs from completing a crisis intervention behavioral health training with a greater amount of hours or sooner than the specified time limits.

5. Requires POST to establish and keep updated an FTO course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. This course shall be at least four hours of classroom instruction and instructor-led active learning.

6. Requires all prospective FTOs to complete the course as part of the FTO program.

7. Requires POST to implement the provisions of this section on or before August 1, 2016.

8. Specifies that POST shall, by May 1, 2016, conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability.

9. Directs that POST shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups.

10. States that the training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:

    1. How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia;

    2. Autism spectrum disorder;

    3. Genetic disorders, including, but not limited to, down syndrome;

    4. Conflict resolution and de-escalation techniques for potentially dangerous situations;

    5. Alternatives to use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities;

    6. The perspective of individuals and/or families with lived experiences with persons with mental illness, intellectual disability, and substance use disorders;

    7. Involuntary holds; and,

    8. Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement.

Background

All field training requirements are regulatory. POST requires an officer be provided a minimum of 10 weeks of field training. This training must cover 18 different competency requirements, including a component relating to “Control of Persons, Prisoners, and Mentally Ill.” A trainee can comply with these requirements by demonstrating competency in the field, through role playing, or by taking a verbal or written test. Both the FTO and the trainee have to sign a form stating that training was received and competency was demonstrated for each of the training components. This bill requires POST to conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability.

FTOs must have a POST Basic Training Certificate and one year general law enforcement uniformed patrol experience. FTOs are additionally required to have a minimum of 40 hours of training on a variety of topics, including: (1) Field Training Program Goals and Objectives; (2) Keys to Successful Field Training Programs; (3) Field Training Program Management/Roles of Program Personnel; (4) Teaching and Training Skills Development; (5) The Professional Relationship between the FTO and the Trainee; (6) Evaluation/Documentation; (7) Expectations and Roles of the FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention; (11) Remediation/Testing/Scenarios; (12) Trainee Termination; (13) Legal Issues and Liabilities; (14) Review of the Regular Basic Course Training; and, (15) Competency Expectations. There is currently no behavioral health training requirement.

This bill requires eight hours of crisis intervention behavioral health training for FTOs who provide instruction in the field training program, as specified. And, this bill requires POST to establish and keep updated a FTO course that addresses how to interact with persons with mental illness or intellectual disability and requires all prospective FTOs to complete the course as part of the FTO program.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee:

1. Reimbursable state mandated costs in the $2.57 million (General Fund) range initially and $600,000 ongoing to backfill for officers participating in the training. There are currently 482 cities and 58 counties in California. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs for missed work hours for all FTOs in training.

2. Initial costs of $1.7 million (Post Officer's Training Fund – POTF) to POST for training costs and course development, and annual ongoing costs of $250,000 (POTF) for prospective training.

SUPPORT: (Verified 9/1/15)

United Domestic Workers of America (source)

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees

Association of Regional Center Agencies

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Association of Highway Patrolmen

California Attorneys for Criminal Justice

California Council of Community Mental Health Agencies

California Crisis Intervention Training Association

California Medical Association

California Narcotic Officers Association

California Public Defenders Association

City of San Jose

Community Health Awareness Council

County Behavioral Health Directors Association

Disability Action Coalition

Disability Rights California

Donald Rocha, San Jose City Councilmember

Jeffrey Rosen, District Attorney, Santa Clara County

Los Angeles Deputy Sheriffs

Los Angeles Police Protective League

Mental Health America of California

National Alliance on Mental Illness

Riverside Sheriffs’ Association

State Council on Developmental Disabilities

Steinberg Institute

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 9/1/15)

California State Sheriffs’ Association

ASSEMBLY FLOOR: 77-2, 9/2/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Bigelow, Grove

NO VOTE RECORDED: Harper

Prepared by: Jessica Devencenzi / PUB. S. /

9/2/15 19:27:55

**** END ****

Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 29

Author:(Beall) – As Amended Ver:July 8, 2015

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

SUMMARY:

This bill requires law enforcement field training officers to have training from the Commission on Police Officer Standards and Training (POST) regarding law enforcement interaction with persons with mental illness or intellectual disability.

FISCAL EFFECT:

1. Reimbursable state mandated costs in the $2.57 million (GF) range initially and $600,000 ongoing to backfill for officers participating in the training. There are currently 482 cities and 58 counties in California. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs for missed work hours for all field training officers in training.

2. Initial costs of $1.7 million (Post Officer's Training Fund - POTF) to POST for training costs and course development, and annual ongoing costs of $250,000 (POTF) for prospective training.

COMMENTS:

1. Purpose. According to the author, POST training mandates six hours of mental health training, and no requirement to include training for new officers in the Field Training Program, yet people with mental illness of intellectual disabilities are involved in almost 50 percent of all police shootings.

"[SB 291] responds to the public’s demand to increase safety by mandating stronger evidence-based behavioral health training that has proven to reduce volatile confrontations between peace officers and people with mental illnesses or intellectual disabilities.  Equally important, SB 29 acknowledges California’s diverse populations by requiring training to be culturally appropriate.”

2. Background. According to the POST Web site, the Regular Basic Course Training includes 42 separate topics, ranging from juvenile law and procedure to search and seizure.

POST introductory training includes a section called, Individuals with Disabilities. It is the segment of academy training focused on police officers’ interactions with people with disabilities. These six hours of instruction cover a wide spectrum of disability-related topics, including understanding and identifying various types of disabilities (developmental, physical and psychiatric) and reviewing state and federal disability laws and individuals rights protections. Also included in the six hours is instruction on interacting with people with mental health disabilities and the involuntary commitment process.

While there is no mandatory continuing education requirement, POST offers a variety of courses relating to mental health. According to information provided by POST, there are currently 38 mental health certified courses available to California law enforcement. These courses range in duration from four to 40 hours.

3. Argument in Support: According to AFSCME, “SB 29 will mandate additional evidence-based behavioral training that is proven to reduce the negative interactions between peace officers and those suffering from a mental illness or intellectual disability. This bill is needed because there is no standardized statewide mental health training curriculum for California’s peace officers. In California, there are still vast discrepancies between the quality of training programs, where some departments offer excellent training programs while other programs are sub-par. AFSCME supports SB 29 to create a uniform standard for peace officer mental health training.”
   
   
   

4. Argument in Opposition: According to California State Sheriffs’ Association, “Currently, Significant training on mental health issues is required of prospective and employed peace officers. The basic POST academy includes mandatory training on mental health issues and includes a scenario-based test that must be passed in order to graduate from academy. Additionally, law enforcement agencies around the state offer ongoing POST-certified crisis intervention training on mental health and require their officers to complete additional mental health training in addition to the state-mandated minimums."
   
   
   

5. Related Legislation: SB 11 (Beall), also on today's agenda, requires POST to establish training course relating to law enforcement interaction with persons with mental illness as part of its basic training course for law enforcement officers.

6. Prior Legislation: AB 1718 (Hertzberg), Chapter 95, Statutes of 2000, required that POST establish, and keep updated, a continuing education classroom training course related to law enforcement intervention with developmentally disabled and mentally ill persons and that the course be developed in consultation with specified groups and entities.

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

Date of Hearing: July 14, 2015

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

SBPCA Bill Id:SB 29

Author:(Beall) – As Amended Ver:July 8, 2015

SUMMARY: Requires law enforcement field training officers to have training from the Commission on Police Officer Standards and Training (POST) regarding law enforcement interaction with persons with mental illness or intellectual disability. Specifically, this bill:

1. Requires field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention classroom training and instructor-led active learning relating to behavioral health to better train new peace officers how to effectively interact with persons with mental illness or intellectual disability. Training should be taught segments that are at least four hours long.
   
   

2. Excludes a field training officer who has completed 8 hours of crisis intervention behavioral health training within the past 24 months, from the training requirement.
   
   
   

3. Specifies that field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention course by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention course within 180 days of assignment or appointment.
   
   
   

4. States that nothing shall prevent an agency from requiring its field training officers from completing a crisis intervention course with a greater amount of hours or sooner than the time limits in this section.
   
   
   

5. Requires POST to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. This course shall be at least four hours of classroom instruction and instructor-led active learning.
   
   
   

6. Requires all prospective field training officers to complete the course as part of the field training officer program.
   
   
   

7. Requires POST to implement the provisions of this section on or before August 1, 2016.
   
   
   

8. Specifies that POST shall, by May 1, 2016, conduct a review and evaluation of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or an intellectual disability.
   
   
   

9. Directs that POST shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups.
   
   
   

10. States that the training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:
    
    
    

    1. How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia;
       
       
       

    2. Autism spectrum disorder;
       
       
       

    3. Down syndrome;
       
       
       

    4. Conflict resolution and de-escalation techniques for potentially dangerous situations;
       
       
       

    5. Alternatives to use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities;
       
       
       

    6. The perspective of individuals and/or families with lived experiences with persons with mental illness, intellectual disability, and substance use disorders;
       
       
       

    7. Involuntary holds; and,
       
       
       

    8. Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement.

EXISTING LAW:

1. Requires any department which employs peace officers to have a POST-approved Field Training Program. Requests for approval of a department’s Field Training Program must be submitted to POST and signed by the department head attesting to the adherence of the following program requirements (Cal. Code Regs., tit. 11, § 1005.):
   
   

   1. The Field Training Program is to be delivered over a minimum of 10 weeks and based upon the structured learning content as specified in the POST manual;
      
      

   2. A trainee must have successfully completed the Regular Basic Course before participating in the Field Training Program;
      
      

   3. The Field Training Program must have a Field Training Supervisor/Administrator/Coordinator (SAC) who:
      
      

      1. Has been awarded or is eligible for the award of a POST Supervisory Certificate, or has been appointed by the department head (or his/her designate); and
         
         

      2. Every peace officer promoted, appointed, or transferred to a supervisory or management position overseeing a field training program shall successfully complete a POST-certified Field Training Supervisor/Administrator/Coordinator Course prior to or within 12 months of the initial promotion, appointment, or transfer to such a position.
         
         

   4. The Field Training Program must have Field Training Officers (FTOs) who:
      
      

      1. Have been awarded a POST Basic Certificate (not Specialized);
         
         

      2. Have a minimum of one year general law enforcement uniformed patrol experience;
         
         

      3. Have been selected based upon a department-specific selection process; and,
         
         

      4. Meet the following training requirements:
         
         

         1. Successfully complete a POST-certified Field Training Officer Course prior to training new officers; and,
            
            

         2. Complete 24-hours of update training every three years following completion of the Field Training Officer Course.
            
            

2. Trainees must be supervised depending upon their assignment (Cal. Code Regs., tit. 11, § 1005.):
   
   

   1. A trainee assigned to general law enforcement uniformed patrol duties must be under the direct and immediate supervision (physical presence) of a qualified Field Training Officer;
      
      

   2. A trainee temporarily assigned to non-enforcement, specialized function(s) for the purpose of specialized training or orientation is not required to be in the immediate presence of a qualified Field Training Officer while performing the specialized function(s).
      
      

3. Trainee performance must be (Cal. Code Regs., tit. 11, § 1005.):
   
   

   1. Documented daily through journaling, daily training notes, or Daily Observation Reports (DORs) and shall be reviewed with the trainee by the Field Training Officer; and,
      
      

   2. Monitored by a Field Training Program SAC, or designee, by review and signing of the DORs or, by completing and/or signing weekly written summaries of performance (e.g., Supervisor's Weekly Report, Coaching and Training Reports) that are reviewed with the trainee.
      
      

4. The Field Training Officer’s attestation of each trainee’s competence and successful completion of the Field Training Program and a statement that releases the trainee from the program, along with the signed concurrence of the department head, or his or her designate, must be retained in department records. (Cal. Code Regs., tit. 11, § 1005.)
   
   

5. Allows a department to request an exemption of the Field Training Program requirement if (Cal. Code Regs., tit. 11, § 1005.):
   
   

   1. The department does not provide general law enforcement uniformed patrol services; or
      
      

   2. The department hires only lateral entry officers possessing a POST Basic Certificate and who have either:
      
      

      1. Completed a POST-approved Field Training Program, or
         
         

      2. One year previous experience performing general law enforcement uniformed patrol duties.
         
         

6. Requires a POST-Approved Field Training Program to minimally include the following topics: (1) Agency Orientation and Department Polices; (2) Officer Safety; (3) Ethics; (4) Use of Force; (5) Patrol Vehicle Operations; (6) Community Relations/Professional Demeanor (including Cultural Diversity, Community Policing, and Problem Solving; (7) Radio Communications; (8) Leadership; (9) California Codes and Law; (10) Search and Seizure; (11) Report Writing; (12) Control of Persons, Prisoners, and Mentally Ill; (13) Patrol Procedures (including Domestic Violence and Pedestrian and Vehicle Stops); (14) Investigations/Evidence; (15) Tactical Communications/Conflict Resolution; (16) Traffic (including DUI); (17) Self-Initiated Activity; (18) Additional Agency-Specific Topics (may include Community Specific Problems, Special Needs Groups, etc.). (POST Administrative Manual, Procedure D-13-3, incorporated in Cal. Code Regs., tit. 11, § 1005.)
   
   

7. Specifies that the POST-certified Field Training Officer Course be a minimum of 40 hours.  In order to meet local needs, flexibility to present additional curriculum may be authorized with prior POST approval.  Instructional methodology is at the discretion of individual course presenters unless specified otherwise in a training specification document developed for the course.  The Field Training Officer Course curriculum must include the following topics: (1) Field Training Program Goals and Objectives; (2) Keys to Successful Field Training Programs; (3) Field Training Program Management/Roles of Program Personnel; (4) Teaching and Training Skills Development; (5) The Professional Relationship between the FTO and the Trainee; (6) Evaluation/Documentation; (7) Expectations and Roles of the FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention; (11) Remediation/Testing/Scenarios; (12) Trainee Termination; (13) Legal Issues and Liabilities; (14) Review of the Regular Basic Course Training; and, (15) Competency Expectations. (POST Administrative Manual, Procedure D-13-4, incorporated in Cal. Code Regs., tit. 11, § 1005.)
   
   

8. Requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with mentally disabled persons. The training course is required to be developed 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. POST is required to make the course available to law enforcement agencies in California. This course must consist of classroom instruction and utilize interactive training methods to ensure that the training is as realistic as possible. The course must include, at a minimum, core instruction in the following:

1. The cause and nature of mental illnesses and developmental disabilities; (Pen.Code, § 13515.25.)
   
   
   

2. How to identify indicators of mental disability and how to respond appropriately in a variety of common situations; (Pen.Code, § 13515.25.)
   
   
   

3. Conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally disabled persons; (Pen.Code, § 13515.25.)
   
   
   

4. Appropriate language usage when interacting with mentally disabled persons; (Pen.Code, § 13515.25.)
   
   
   

5. Alternatives to lethal force when interacting with potentially dangerous mentally disabled persons; (Pen.Code, § 13515.25.)
   
   
   

6. Community and state resources available to serve mentally disabled persons and how these resources can be best utilized by law enforcement to benefit the mentally disabled community; and, (Pen.Code, § 13515.25.)
   
   
   

7. The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate. (Pen.Code, § 13515.25.)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, " People with mental illnesses or intellectual disabilities are involved in nearly half of all police shootings. Yet the California Peace Officer Standard and Training Curriculum mandates only six hours of mental health training; and there is no requirement to include mental health training for new officers in the Field Training Program. SB 29 increases training for new officers in field training while increasing training of existing officers who supervise them. The bill responds to the public’s demand to increase safety by mandating stronger evidence-based behavioral health training that has proven to reduce volatile confrontations between peace officers and people with mental illnesses or intellectual disabilities. Equally important, SB 29 acknowledges California’s diverse populations by requiring training to be culturally appropriate.”
   
   
   

2. Current Mandatory POST Instruction Related to Mental Health Issues: POST introductory training includes a section called, Individuals with Disabilities. It is the segment of academy training focused on police officers’ interactions with people with disabilities. These six hours of instruction (less than ten percent of academy training hours) cover a wide spectrum of disability-related topics, including understanding and identifying various types of disabilities (developmental, physical and psychiatric) and reviewing state and federal disability laws and individuals rights protections. Also included in the six hours is instruction on interacting with people with mental health disabilities and the involuntary commitment process. Aside from the material contained in this six hours of instruction, there is no requirement in California law or by POST that officers receive any additional or periodic refresher training in interacting with individuals with a mental health disability. (An Ounce of Prevention: Law Enforcement Training Mental Health Crisis Intervention, (2014) Disability Rights California, p. 7.) http://www.disabilityrightsca.org/pubs/CM5101.pdf
   
   This training in Individuals with Disabilities is not narrowly focused on matters pertaining to individuals with mental health disabilities but covers all types of disabilities (physical, sensory, cognitive, developmental and mental) and includes an overview of federal and state disability laws. This is a daunting amount of material that does not include a mandate for instruction of best practice training techniques like de-escalation techniques and crisis intervention.
   
   
   

3. Discretionary POST Instruction Related to Mental Health Issues: According to POST representatives, there are currently 38 mental health training courses that have been certified by POST available statewide to law enforcement officers and dispatchers.  Although training resources exists, there is no standardized mental health training curriculum statewide other than the mandatory 6 hours in the Academy. The lack of uniformity creates a patchwork of training programs offered by California law enforcement agencies.  Some agencies offer robust training programs while others offer far less.  Every officer, from Susanville to San Diego, needs to be provided with the most current effective tools to interact safely with people with mental illnesses especially given the frequency of contacts with people with a mental illness (POST estimates 10-15%).
   
   
   

4. Frequency of Law Enforcement Contacts Involving Mental Health Issues: Law enforcement officers are often the first responders to mental health crisis calls; they respond to 911 calls ranging from suicide attempts to individuals potentially endangering themselves or others. Studies confirm that the volume of calls to law enforcement involving crisis mental health concerns have been increasing in the past decade. Mental health crisis calls also take more officer time to resolve. More than eighty percent of the agencies that Disability Rights California surveyed report that officers spend more time on these calls. Nearly 4 out of 10 agencies estimated that officers spend two hours or more on mental health calls. This means that on a typical day, officers can spend 1/3 of their time in interactions which would necessitate skills in crisis intervention and de-escalation. Beyond crisis calls, officers routinely respond to calls where they are required to determine whether a person meets the criteria for involuntary detention for psychiatric assessment and treatment (otherwise known as 5150). Even standard crime scene calls require officers to use skills to de-escalate potentially volatile situations when interacting with members of the public. (An Ounce of Prevention: Law Enforcement Training Mental Health Crisis Intervention, (2014) Disability Rights California, p. 37.)
   
   Recognizing the inadequacy of academy training requirements, many law enforcement agencies throughout the state have augmented their training programs to provide officers with additional training after the academy in responding to people with mental health disabilities in crisis. Augmented training varies widely but generally includes information on recognizing the symptoms of a psychiatric disability and methods for how to interact with an individual in crisis, including specific de-escalation techniques. Topics covered in a typical CIT training program are not otherwise mandated in California or required at any level of officer training. Police chiefs and senior officers consistently report that their personnel are better equipped at handling mental health crisis calls after participating in CIT training. Furthermore, jurisdictions in which officers receive CIT training report fewer injuries, fewer incidents requiring use of force, and better outcomes for their officers and community members. (An Ounce of Prevention: Law Enforcement Training Mental Health Crisis Intervention, (2014) Disability Rights California, p. 38-39.)
   
   
   

5. Current Field Training Requirements Related to Mental Health: All field training requirements are regulatory. POST requires an officer be provided a minimum of 10 weeks of field training. This training must cover 18 different competency requirements, including a component relating to “Control of Persons, Prisoners, and Mentally Ill.” Under POST’s Field Training Model, trainees are required, for example, to demonstrate competency in the following (POST Field Training Guide, Volume 2 (2014).):
   
   12.6.02. Behavior Due to Disabilities. The trainee shall acknowledge that some disabilities (including intellectual disabilities, cerebral palsy, epilepsy, autism and other neurological conditions) are not readily apparent and that sometimes people with developmental or cognitive disabilities may have little or no conscious ability to control their behavior.
   
   12.6.03. Dealing with Cognitive Impairment. The trainee shall recognize and demonstrate effective communications for person with cognitive impairments, with specified communication directives.
   
   12.7.03. Mental Health Facility or Regional Center. The trainee shall identify the appropriate mental health facility or regional center within the agency’s jurisdiction to be used for evaluation, treatment, counseling, or referral.
   
   12.7.08. Demonstrating Knowledge of Proper Procedure. Given a scenario or an actual incident involving a mentally ill or emotionally disturbed person, the trainee shall take all necessary precautions in dealing with the person, safely that the person into custody (if necessary), assure safe transportation of the person, and properly complete all necessary forms and reports.
   
   A trainee can demonstrate competency by performing these functions in the field, through role playing, or by taking a verbal or written test. Both the Field Training Officer and the trainee have to sign a form stating that training was received and competency was demonstrated for each of the training components.
   
   While behavioral health training is included in field training, there is currently no hour requirement. This legislation would specify how many hours of behavioral health training an officer must have by requiring the field training program include a 20-hour evidence-based behavioral health training course relating to law enforcement interaction with persons with mental illness or intellectual disability.
   
   
   

6. Amendments: The amendments of July 8, 2015, reduced the amount of required training for field training officers to 8 hours.
   
   
   

7. Argument in Support: According to AFSCME, “SB 29 will mandate additional evidence-based behavioral training that is proven to reduce the negative interactions between peace officers and those suffering from a mental illness or intellectual disability. This bill is needed because there is no standardized statewide mental health training curriculum for California’s peace officers. In California, there are still vast discrepancies between the quality of training programs, where some departments offer excellent training programs while other programs are sub-par. AFSCME supports SB 29 to create a uniform standard for peace officer mental health training.”
   
   
   

8. Argument in Opposition: According to California State Sheriffs’ Association, “Currently, Significant training on mental health issues is required of prospective and employed peace officers. The basic POST academy includes mandatory training on mental health issues and includes a scenario-based test that must be passed in order to graduate from academy. Additionally, law enforcement agencies around the state offer ongoing POST-certified crisis intervention training on mental health and require their officers to complete additional mental health training in addition to the state-mandated minimums.
   
   “SB 29 would require 40 hours of training on mental health issues for field training officers and 20 additional hours of training on mental health issues for new officers during their field training period. While CSSA does not necessarily oppose alterations to training requirements, this bill simply adds a time-based requirement without the benefit of knowing where gaps and deficiencies in existing training mandates may exist. More training for the sake of more training may not be beneficial and may come at the expense of other, more necessary training.
   
   “POST, in conjunction with law enforcement, is in the process of examining mental health training courses and requirements to ascertain if there are issues that need to be addressed. Although we appreciate the desire to improve interactions between law enforcement and persons with mental health issues, SB 29 represents a premature, unfunded mandate that offers no guarantee of providing the appropriate training to the right officers.”
   
   
   

9. Related Legislation: SB 11 (Beal), of the 2015-16 Legislative Session, would Requires The Commission on Peace Officer Standards and Training (POST) to establish training course relating to law enforcement interaction with persons with mental illness as part of its basic training course for law enforcement officers. SB 11 will be heard in this committee today.
   
   
   

10. Prior Legislation: AB 1718 (Hertzberg), Chapter 95, Statutes of 2000, Required that POST establish and keep updated a continuing education classroom training course relating to law enforcement intervention with developmentally disabled and mentally ill persons and that the course be developed in consultation with specified groups and entities.

REGISTERED SUPPORT / OPPOSITION:

Support

United Domestic Workers of America/AFSCME Local 3930 (Co-Sponsor)
American Civil Liberties Union of California
AFSCME
The Arc and United Cerebral Palsy California Collaboration
Association of Los Angeles Deputy Sheriffs
Association of Regional Center Agencies
California Association of Code Enforcement Officers
California Association of Highway Patrolmen
California Attorneys for Criminal Justice
California College and University Police Chiefs Association
California Council of Community Mental Health Agencies
California Crisis Intervention Training Association
California Medical Association
California Public Defenders Association
California State Lodge, Fraternal Order of Police
City of San Jose
Community Health Awareness Council
County Behavioral Health Directors Association
Disability Action Coalition
Disability Rights California
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Mental Health America of California
National Alliance on Mental Illness – California
National Alliance on Mental Illness – Santa Clara County
National Association of Social Workers
Riverside Sheriffs Association
Donald Rocha, San Jose City Councilmember, District 9
Sacramento County Deputy Sheriffs’ Association
Santa Clara County District Attorney
Santa Ana Police Officers Association
State Council on Developmental Disabilities
Steinberg Institute
3 Private Individuals

Opposition

California State Sheriffs’ Association

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 29

Author: Beall (D), et al.

Amended: 6/2/15

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15

AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: Peace Officer Training: Mental Health

SOURCE: United Domestic Workers of America

DIGEST: This bill requires: (1) law enforcement field training officers to have 20 hours of promising or evidence-based behavioral health training, as specified; and, (2) the field training program to include 20 hours of training relating to law enforcement interaction with persons with mental illness or intellectual disability.

ANALYSIS:

Existing law:

1. Creates, in the Department of Justice, a Commission on Peace Officer Standards and Training (POST). POST consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. (Penal Code § 13500.)

2. Requires POST to adopt rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of any city police officers, peace officer members of a county sheriff's office, marshals or deputy marshals, and other specified peace officers. (Penal Code § 13510.)

3. Requires, in Section 1005 of Title 11 of the California Code of Regulations,

any department which employs peace officers to have a POST-approved Field Training Program. Requests for approval of a department’s Field Training Program must be submitted to POST and signed by the department head attesting to the adherence of the following program requirements:

1. The Field Training Program is to be delivered over a minimum of 10 weeks and based upon the structured learning content as specified in the POST manual.

2. A trainee must have successfully completed the Regular Basic Course before participating in the Field Training Program.

3. The Field Training Program must have a Field Training Supervisor/ Administrator/Coordinator (SAC), as specified.

4. The Field Training Program must have Field Training Officers (FTOs) who meet specified requirements.

5. Trainees must be supervised depending upon their assignment:

1. A trainee assigned to general law enforcement uniformed patrol duties must be under the direct and immediate supervision (physical presence) of a qualified FTO.

2. A trainee temporarily assigned to non-enforcement, specialized function(s) for the purpose of specialized training or orientation is not required to be in the immediate presence of a qualified FTO while performing the specialized function(s).

6. Trainee performance must be:

1. Documented daily through journaling, daily training notes, or Daily Observation Reports (DORs) and shall be reviewed with the trainee by the FTO; and,

2. Monitored by a Field Training Program SAC, or designee, by review and signing of the DORs or, by completing and/or signing weekly written summaries of performance (e.g., Supervisor's Weekly Report, Coaching and Training Reports) that are reviewed with the trainee.

7. The FTO’s attestation of each trainee’s competence and successful completion of the Field Training Program and a statement that releases the trainee from the program, along with the signed concurrence of the department head, or his or her designate, must be retained in department records.

4. Requires a POST-Approved Field Training Program to minimally include the following topics: (a) Agency Orientation and Department Polices; (b) Officer Safety; (c) Ethics; (d) Use of Force; (e) Patrol Vehicle Operations; (f) Community Relations/Professional Demeanor (including Cultural Diversity, Community Policing, and Problem Solving; (g) Radio Communications; (h) Leadership; (i) California Codes and Law; (j) Search and Seizure; (k) Report Writing; (l) Control of Persons, Prisoners, and Mentally Ill; (m) Patrol Procedures (including Domestic Violence and Pedestrian and Vehicle Stops); (n) Investigations/Evidence; (o) Tactical Communications/Conflict Resolution; (p) Traffic (including DUI); (q) Self-Initiated Activity; and, (r) Additional Agency-Specific Topics (may include Community Specific Problems, Special Needs Groups, etc.). (POST Administrative Manual, Procedure D-13-3.)

5. Requires that the POST-certified FTO Course be a minimum of 40 hours.  In order to meet local needs, flexibility to present additional curriculum may be authorized with prior POST approval.  Instructional methodology is at the discretion of individual course presenters unless specified otherwise in a training specification document developed for the course.  The FTO Course curriculum must include the following topics: (a) Field Training Program Goals and Objectives; (b) Keys to Successful Field Training Programs; (c) Field Training Program Management/Roles of Program Personnel; (d) Teaching and Training Skills Development; (e) The Professional Relationship between the FTO and the Trainee; (f) Evaluation/Documentation; (g) Expectations and Roles of the FTO; (h) Driver Safety; (i) Officer Safety; (j) Intervention; (k) Remediation/Testing/Scenarios; (l) Trainee Termination; (m) Legal Issues and Liabilities; (n) Review of the Regular Basic Course Training; and, (o) Competency Expectations. (POST Administrative Manual, Procedure D-13-4.)

This bill:

1. Requires field training officers who provide instruction in the field training program to have 20 hours of behavioral health training.

2. Requires 20 hours of field training to be completed during field training and probationary period relating to law enforcement interaction with persons with mental illness or intellectual disability.

Background

All field training requirements are regulatory. POST requires an officer be provided a minimum of 10 weeks of field training. This training must cover 18 different competency requirements, including a component relating to “Control of Persons, Prisoners, and Mentally Ill.” A trainee can comply with these requirements by demonstrating competency in the field, through role playing, or by taking a verbal or written test. Both the FTO and the trainee have to sign a form stating that training was received and competency was demonstrated for each of the training components.

While behavioral health training is included in field training, there is currently no hour requirement. This bill specifies how many hours of behavioral health training an officer must have by requiring the field training program include a 20 hours relating to law enforcement interaction with persons with mental illness or intellectual disability.

FTOs must have a POST Basic Training Certificate and one year general law enforcement uniformed patrol experience. FTOs are additionally required to have a minimum of 40 hours of training on a variety of topics, including: (1) Field Training Program Goals and Objectives; (2) Keys to Successful Field Training Programs; (3) Field Training Program Management/Roles of Program Personnel; (4) Teaching and Training Skills Development; (5) The Professional Relationship between the FTO and the Trainee; (6) Evaluation/Documentation; (7) Expectations and Roles of the FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention; (11) Remediation/Testing/Scenarios; (12) Trainee Termination; (13) Legal Issues and Liabilities; (14) Review of the Regular Basic Course Training; and, (15) Competency Expectations. There is currently no behavioral health training requirement. This bill requires an additional 20 hours of promising or evidence-based behavioral health training.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Course development: One-time costs to POST of $120,000 to $350,000 (Peace Officers’ Training Fund).

• POST training costs: First-year costs of up to $5.9 million (Peace Officers’ Training Fund); annual costs thereafter of $2.6 million, broken out as follows:

• Existing field training officers: one-time costs of up to $3.3 million (Peace Officers’ Training Fund) for the 20-hour course.

• Prospective FTOs: ongoing annual costs of $2.6 million (Peace Officers’ Training Fund).

• Local law enforcement costs: Major first-year and ongoing costs, likely state-reimbursable, to local law enforcement agencies in the millions of dollars (General Fund). Costs to backfill for 20 hours of missed work for existing FTOs could cost in excess of $5 million. Ongoing costs to backfill for field training officers prospectively are estimated to be in the low millions of dollars (General Fund).

• May Revision 2015-16: Reflects the continued suspension of reimbursements to local law enforcement to backfill behind officers participating in training. Reimbursement for per diem and travel will be reinstated, however, these costs are not included in the potential state-reimbursable mandated costs noted above.

• Senate Budget Subcommittee No. 5 action: Rejected $40 million in city law enforcement grants and instead approved $10 million General Fund to POST to assist in funding the initial costs of the provisions of this bill and SB 11 (Beall).

SUPPORT: (Verified 5/29/15)

United Domestic Workers of America (source)

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees

The Arc and United Cerebral Palsy California Collaboration

Association of Regional Center Agencies

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Association of Highway Patrolmen

California Attorneys for Criminal Justice

California Council of Community Mental Health Agencies

California Crisis Intervention Training Association

California Medical Association

California Narcotic Officers Association

California Public Defenders Association

City of San Jose

Community Health Awareness Council

County Behavioral Health Directors Association

Disability Action Coalition

Disability Rights California

Donald Rocha, San Jose City Councilmember

Jeffrey Rosen, District Attorney, Santa Clara County

Los Angeles Deputy Sheriffs

Los Angeles Police Protective League

Mental Health America of California

National Alliance on Mental Illness

Riverside Sheriffs’ Association

State Council on Developmental Disabilities

Steinberg Institute

OPPOSITION: (Verified 5/29/15)

California State Sheriff’s Association

ARGUMENTS IN SUPPORT:

According to the National Alliance on Mental Illness:

NAMI California advocates for diversion from the criminal justice system for individuals with mental illness in order to ensure appropriate treatment and reduce stigma and discrimination. Through appropriate training for law enforcement and the development of crisis intervention teams, arrests of people with mental illness and law enforcement can be improved.

Law enforcement officers should receive training in order to prevent crisis, and de-escalate crisis when they do occur. Training should be culturally relevant and appropriate, and should include: signs and symptoms of mental illness; de-escalation techniques; perspectives of those living with mental illness; perspectives of family members impacted by mental illness; use of non-stigmatizing language; and the mental health system and community resources. Through this training, officers are better able to link people with appropriate treatment, and to avoid injuries to officers and consumer deaths.

It is important that crisis intervention training involve community collaboration between mental health providers, law enforcement and family and consumer advocates. The interaction between the law enforcement officer and the individual with mental illness is a critical juncture for diversion from the criminal justice system and into treatment, and we believe that it [is] essential to ensure adequate support and facilities for transfer from police custody to the mental health system. To that end, community collaboration is essential. The involvement of consumers and families in planning and leading the training sessions, and in continuing to build our mental health system is also imperative.

ARGUMENTS IN OPPOSITION:

According to the California State Sheriffs’ Association:

To be clear, CSSA recognizes the importance of appropriate training of law enforcement officers. We also acknowledge that mental health issues have grown in significance in recent years. California peace officers are among the best trained in the nation because of the rigorous and comprehensive education and training regimen overseen by the Commission on Peace Officer Standards and Training (POST). Proper training prepares officers for the daily dangers of their jobs, builds trust with the community members protected by law enforcement, and provides appropriate standards for peace officer behavior.

Currently, significant training on mental health issues is required of prospective and employed peace officers. The basic POST academy includes mandatory training on mental health issues and includes a scenario-based test that must be passed in order to graduate from an academy. Additionally, law enforcement agencies around the state offer ongoing POST-certified crisis intervention training on mental health and require their officers to complete additional mental health training in addition to the state-mandated minimums.

SB 29 would require 40 hours of training on mental health issues for field training officers and 20 additional hours of training on mental health issues for new officers during their field training period. While CSSA does not necessarily oppose alterations to training requirements, this bill simply adds a time-based requirement without the benefit of knowing where gaps and deficiencies in existing training mandates may exist. More training for the sake of more training may not be beneficial and may come at the expense of other, more necessary training.

POST, in conjunction with law enforcement, is in the process of examining mental health training courses and requirements to ascertain if there are issues that need to be addressed. Although we appreciate the desire to improve interactions between law enforcement and persons with mental health issues, SB 29 represents a premature, unfunded mandate that offers no guarantee of providing the appropriate training to the right officers.

Prepared by: Jessica Devencenzi / PUB. S. /

6/2/15 22:35:29

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 29 (Beall) - Peace officer training: mental health

SUSPENSE FILE. AS AMENDED.

Bill Summary:

SB 29 would require the Commission on Peace Officer Standards and Training (POST) to develop a course on behavioral health to provide to field training officers, as follows:

• Requires field training officers who provide instruction in the field training program to have 40 hours of behavioral health training, as specified.

• Requires 20 hours of field training to be completed during field training and probationary period relating to law enforcement interaction with persons with mental illness or intellectual disability.

Fiscal Impact (as approved May 28, 2015):

• Course development: One-time costs to POST of $120,000 to $350,000 (Special Fund*).

• POST training costs: First-year costs of up to $5.9 million (Special Fund*); annual costs thereafter of $2.6 million, broken out as follows:

  • Existing field training officers: one-time costs of up to $3.3 million (Special Fund*) for the 20-hour course.

  • Prospective field training officers: ongoing annual costs of $2.6 million (Special Fund*).

• Local law enforcement costs: Major first-year and ongoing costs, likely state-reimbursable, to local law enforcement agencies in the millions of dollars (General Fund). Costs to backfill for 20 hours of missed work for existing field training officers could cost in excess of $5 million. Ongoing costs to backfill for field training officers prospectively are estimated to be in the low millions of dollars (General Fund).

• May Revision 2015-16: Reflects the continued suspension of reimbursements to local law enforcement to backfill behind officers participating in training. Reimbursement for per diem and travel will be reinstated, however, these costs are not included in the potential state-reimbursable mandated costs noted above.

• Senate Budget Subcommittee No. 5 action: Rejected $40 million in city law enforcement grants and instead approved $10 million General Fund to POST to assist in funding the initial costs of the provisions of this measure and SB 11 (Beall).

*Peace Officers’ Training Fund

Background:

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

The current POST training curriculum for prospective officers mandates 664 hours (16 weeks) of training. Under current law, officers receive six hours of POST-approved training on how to interact with persons with mental illness and developmental disabilities as part of the Regular Basic Training Course, as required by Penal Code § 13519.2. While there is no mandatory continuing education requirement, POST offers a variety of courses relating to mental health. According to information provided by POST, there are currently 38 mental health certified courses available to California law enforcement. These courses range in duration from four to 40 hours.

The 2015-16 May Revision budget for POST reflects a slight increase to the current reduction of contracted, non‑mandated training courses and continuation of the suspension of reimbursements for local law enforcement to backfill behind officers participating in training. The proposed reduction should not further impact the current training services offered, as it is a continuation of existing reductions or reduced level of services. The proposed reduction, coupled with the delinquent‑debt amnesty program, will allow the Commission to reinstate reimbursement of travel and per diem costs of approximately $4.4 million— a reimbursement that has been suspended since January 2014 — which will help reduce the cost of training for local law enforcement agencies.

Proposed Law:

This bill requires POST to require the field training officers who provide instruction in the field training program to have 40 hours of promising or evidence-based behavioral health training to deescalate a situation where an officer is interacting with persons with mental illness or intellectual disability. Additionally, this bill:

• Provides that if an officer has completed 40 hours of behavioral health training, the requirement shall not apply. Instead, the officer is strongly encouraged to take a four-hour behavioral health refresher course.

• Requires the course to address issues relating to stigma, shall be culturally relevant and appropriate, and cover specified topics.

• Requires POST, as part of its field training program, to require 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability, to be completed during the employing department’s field training and probationary period.

Related Legislation:

SB 11 (Beall) 2015 would require at least 20 hours of additional training in the academy for behavioral health classroom training, as well as at least four hours of continuing behavioral health training every four years for specified peace officers. This bill is scheduled to be heard today by this Committee.

Staff Comments:

POST has indicated the provisions of this bill do not provide supplemental funding for POST to develop the training.  Dependent on the type of training developed by POST to satisfy the proposed training requirement, the cost to POST could range from $120,000 to $350,000. 

The current average POST reimbursement cost for officers completing the Field Training Officer Course is $756 per attendee. Increasing the minimum training hours for field training officers by 40 hours would double POST reimbursement costs to $1,512 per attendee. Based on an estimated 8,628 field training officers, POST reimbursement costs to address the additional 40 hours of mental health training would be $756 per attendee for a total of $6.5 million. POST indicates an average of 1,726 officers complete the Field Training Officer Course each year. If this bill is enacted, POST reimbursement costs per year to train field training officers would be $2.6 million.

POST reimbursement for the 20-hour additional course added to the Field Training Program would be $378 per attendee. With an average of 3,500 students per year who complete the Regular Basic Course and are eligible to enter the Field Training Program, annual POST reimbursement cost could be as high as $1.3 million.

POST notes additional costs associated with the presentation of the courses, which vary depending on the mode of instruction, the facilities required, cost for instructors, and necessary equipment. POST has indicated concerns due to the continuing decline in revenue to the State Penalty Fund, which is the source from which the Peace Officers’ Training Fund receives the funding for POST operations and provides aid to local law enforcement agencies that participate in the POST Program.

The 2015-16 Governor’s Budget includes a reduction of $5.3 million and 36.9 positions beginning in 2015-16 to help with the long-term solvency of the Peace Officers' Training Fund (POTF). Staff notes the POTF continues to operate at a deficit, with a projected year-end balance of $7.1 million in 2014-15, declining further to $3.6 million in 2015-16.

In addition to the costs to POST, law enforcement agencies would incur additional costs to backfill for hours that the field training officers spend in training. Several test claims related to law enforcement training (elder abuse, racial profiling, and sexual harassment) have been determined by the Commission on State Mandates to be reimbursable state mandates, requiring reimbursement from the state for associated costs. It is estimated the provisions of this bill would result in major one-time and ongoing costs likely in the millions of dollars for these activities.

Author amendments (as adopted May 28, 2015):

• Clarify the 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability, as specified, are to be a part of its existing field training program.

• Add a coauthor.

Committee amendments (as adopted May 28, 2015): reduce the required training for field training officers who provide instruction from 40 hours to 20 hours.

-- END –

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 29 (Beall) - Peace officer training: mental health

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 29 would require the Commission on Peace Officer Standards and Training (POST) to develop a course on behavioral health to provide to field training officers, as follows:

• Requires field training officers who provide instruction in the field training program to have 40 hours of behavioral health training, as specified.

• Requires 20 hours of field training to be completed during field training and probationary period relating to law enforcement interaction with persons with mental illness or intellectual disability.

Fiscal Impact:

• Course development: One-time costs to POST of $120,000 to $350,000 (Special Fund*).

• POST training costs: First-year costs of up to $10.4 million (Special Fund*); annual costs thereafter of $3.9 million, broken out as follows:

  • Existing field training officers: one-time costs of up to $6.5 million (Special Fund*) for the 40-hour course.

  • Prospective field training officers: ongoing annual costs of $2.6 million (Special Fund*).

  • 20-hour field training: ongoing costs of up to $1.3 million (Special Fund*)

• Local law enforcement costs: Major first-year and ongoing costs, likely state-reimbursable, to local law enforcement agencies in the millions of dollars (General Fund). Costs to backfill for 40 hours of missed work for existing field training officers could cost in excess of $10 million. Ongoing costs to backfill for field training officers prospectively are estimated to be in the low millions of dollars (General Fund).

*Peace Officers’ Training Fund

Background:

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons.

The current POST training curriculum for prospective officers mandates 664 hours (16 weeks) of training. Under current law, officers receive six hours of POST-approved training on how to interact with persons with mental illness and developmental disabilities as part of the Regular Basic Training Course, as required by Penal Code § 13519.2. While there is no mandatory continuing education requirement, POST offers a variety of courses relating to mental health. According to information provided by POST, there are currently 38 mental health certified courses available to California law enforcement. These courses range in duration from four to 40 hours.

Proposed Law:

This bill requires POST to require the field training officers who provide instruction in the field training program to have 40 hours of promising or evidence-based behavioral health training to deescalate a situation where an officer is interacting with persons with mental illness or intellectual disability. Additionally, this bill:

• Provides that if an officer has completed 40 hours of behavioral health training, the requirement shall not apply. Instead, the officer is strongly encouraged to take a four-hour behavioral health refresher course.

• Requires the course to address issues relating to stigma, shall be culturally relevant and appropriate, and cover specified topics.

• Requires POST, as part of its field training program, to require 20 hours of field training relating to law enforcement interaction with persons with mental illness or intellectual disability, to be completed during the employing department’s field training and probationary period.

Related Legislation:

SB 11 (Beall) 2015 would require at least 20 hours of additional training in the academy for behavioral health classroom training, as well as at least four hours of continuing behavioral health training every four years for specified peace officers. This bill is scheduled to be heard today by this Committee.

Staff Comments:

POST has indicated the provisions of this bill do not provide supplemental funding for POST to develop the training.  Dependent on the type of training developed by POST to satisfy the proposed training requirement, the cost to POST could range from $120,000 to $350,000. 

The current average POST reimbursement cost for officers completing the Field Training Officer Course is $756 per attendee. Increasing the minimum training hours for field training officers by 40 hours would double POST reimbursement costs to $1,512 per attendee. Based on an estimated 8,628 field training officers, POST reimbursement costs to address the additional 40 hours of mental health training would be $756 per attendee for a total of $6.5 million. POST indicates an average of 1,726 officers complete the Field Training Officer Course each year. If this bill is enacted, POST reimbursement costs per year to train field training officers would be $2.6 million.

POST reimbursement for the 20-hour additional course added to the Field Training Program would be $378 per attendee. With an average of 3,500 students per year who complete the Regular Basic Course and are eligible to enter the Field Training Program, annual POST reimbursement cost could be as high as $1.3 million.

POST notes additional costs associated with the presentation of the courses, which vary depending on the mode of instruction, the facilities required, cost for instructors, and necessary equipment. POST has indicated concerns due to the continuing decline in revenue to the State Penalty Fund, which is the source from which the Peace Officers’ Training Fund receives the funding for POST operations and provides aid to local law enforcement agencies that participate in the POST Program.

The 2015-16 Governor’s Budget includes a reduction of $5.3 million and 36.9 positions beginning in 2015-16 to help with the long-term solvency of the Peace Officers' Training Fund (POTF). Staff notes the POTF continues to operate at a deficit, with a projected year-end balance of $7.1 million in 2014-15, declining further to $3.6 million in 2015-16.

In addition to the costs to POST, law enforcement agencies would incur additional costs to backfill for hours that the field training officers spend in training. Several test claims related to law enforcement training (elder abuse, racial profiling, and sexual harassment) have been determined by the Commission on State Mandates to be reimbursable state mandates, requiring reimbursement from the state for associated costs. It is estimated the provisions of this bill would result in major one-time and ongoing costs likely in the millions of dollars for these activities.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: SB 29 Hearing Date: April 7, 2015

Subject: Peace Officer Training: Mental Health

HISTORY

Source: Author

Prior Legislation: None known

Support: The Arc and United Cerebral Palsy California Collaboration; Association of Regional Center Agencies; California Attorneys for Criminal Justice; California Medical Association; Disability Rights California; Steinberg Institute; United Domestic Workers of America

Opposition: California State Sheriffs’ Association

PURPOSE

The purpose of this legislation is to require (1) law enforcement field training officers to have 40 hours of evidence-based behavioral health training, as specified; and, (2) the field training program to include a 20-hour evidence-based behavioral health training course relating to law enforcement interaction with persons with mental illness or intellectual disability.

Peace Officer Standards and Training

Existing law creates, in the Department of Justice, a Commission on Peace Officer Standards and Training (POST). The POST commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission. (Penal Code § 13500.)

Existing law provides POST with the following powers:

• To meet at those times and places as it may deem proper.

• To employ an executive secretary and, pursuant to civil service, those clerical and technical assistants as may be necessary.

• To contract with other agencies, public or private, or persons as it deems necessary, for the rendition and affording of those services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities.

• To cooperate with and to secure the cooperation of county, city, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and in performing its other functions.

• To develop and implement programs to increase the effectiveness of law enforcement and when those programs involve training and education courses to cooperate with and secure the cooperation of state-level officers, agencies, and bodies having jurisdiction over systems of public higher education in continuing the development of college-level training and education programs.

• To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government.

• To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.

• The commission does not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer.

• Except as specifically provided by law, the commission does not have the authority to cancel a certificate previously issued to a peace officer. (Penal Code § 13503.)

Current law requires POST to endeavor to minimize costs of administration so that a maximum of funds will be expended for the purpose of providing training and other services to local law enforcement agencies. (Penal Code § 13505.)

Existing law requires POST to adopt rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of any city police officers, peace officer members of a county sheriff's office, marshals or deputy marshals, and other specified peace officers. (Penal Code § 13510.)

Peace Officer Field Training

Existing regulations require any department which employs peace officers to have a POST-approved Field Training Program. Requests for approval of a department’s Field Training Program must be submitted to POST and signed by the department head attesting to the adherence of the following program requirements:

• The Field Training Program is to be delivered over a minimum of 10 weeks and based upon the structured learning content as specified in the POST manual.

• A trainee must have successfully completed the Regular Basic Course before participating in the Field Training Program.

• The Field Training Program must have a Field Training Supervisor/Administrator/Coordinator (SAC) who:

• Has been awarded or is eligible for the award of a POST Supervisory Certificate, or has been appointed by the department head (or his/her designate).

• Every peace officer promoted, appointed, or transferred to a supervisory or management position overseeing a field training program shall successfully complete a POST-certified Field Training Supervisor/Administrator/Coordinator Course prior to or within 12 months of the initial promotion, appointment, or transfer to such a position.

• The Field Training Program must have Field Training Officers (FTOs) who:

• Have been awarded a POST Basic Certificate (not Specialized);

• Have a minimum of one year general law enforcement uniformed patrol experience;

• Have been selected based upon a department-specific selection process; and,

• Meet the following training requirements:

• Successfully complete a POST-certified Field Training Officer Course prior to training new officers; and,

• Complete 24-hours of update training every three years following completion of the Field Training Officer Course.

• Trainees must be supervised depending upon their assignment:

• A trainee assigned to general law enforcement uniformed patrol duties must be under the direct and immediate supervision (physical presence) of a qualified Field Training Officer.

• A trainee temporarily assigned to non-enforcement, specialized function(s) for the purpose of specialized training or orientation is not required to be in the immediate presence of a qualified Field Training Officer while performing the specialized function(s).

• Trainee performance must be:

• Documented daily through journaling, daily training notes, or Daily Observation Reports (DORs) and shall be reviewed with the trainee by the Field Training Officer; and,

• Monitored by a Field Training Program SAC, or designee, by review and signing of the DORs or, by completing and/or signing weekly written summaries of performance (e.g., Supervisor's Weekly Report, Coaching and Training Reports) that are reviewed with the trainee.

• The Field Training Officer’s attestation of each trainee’s competence and successful completion of the Field Training Program and a statement that releases the trainee from the program, along with the signed concurrence of the department head, or his or her designate, must be retained in department records.

(11 C.C.R. 1005 (2015).)

Existing regulation allows a department to request an exemption of the Field Training Program requirement if:

• The department does not provide general law enforcement uniformed patrol services; or

• The department hires only lateral entry officers possessing a POST Basic Certificate and who have either:

• Completed a POST-approved Field Training Program, or

• One year previous experience performing general law enforcement uniformed patrol duties.

(11 C.C.R. 1005 (2015).)

Existing procedures require a POST-Approved Field Training Program to minimally include the following topics: (1) Agency Orientation and Department Polices; (2) Officer Safety; (3) Ethics; (4) Use of Force; (5) Patrol Vehicle Operations; (6) Community Relations/Professional Demeanor (including Cultural Diversity, Community Policing, and Problem Solving; (7) Radio Communications; (8) Leadership; (9) California Codes and Law; (10) Search and Seizure; (11) Report Writing; (12) Control of Persons, Prisoners, and Mentally Ill; (13) Patrol Procedures (including Domestic Violence and Pedestrian and Vehicle Stops); (14) Investigations/Evidence; (15) Tactical Communications/Conflict Resolution; (16) Traffic (including DUI); (17) Self-Initiated Activity; (18) Additional Agency-Specific Topics (may include Community Specific Problems, Special Needs Groups, etc.). (POST Administrative Manual, Procedure D-13-3.)

Existing procedures require that the POST-certified Field Training Officer Course be a minimum of 40 hours.  In order to meet local needs, flexibility to present additional curriculum may be authorized with prior POST approval.  Instructional methodology is at the discretion of individual course presenters unless specified otherwise in a training specification document developed for the course.  The Field Training Officer Course curriculum must include the following topics: (1) Field Training Program Goals and Objectives; (2) Keys to Successful Field Training Programs; (3) Field Training Program Management/Roles of Program Personnel; (4) Teaching and Training Skills Development; (5) The Professional Relationship between the FTO and the Trainee; (6) Evaluation/Documentation; (7) Expectations and Roles of the FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention; (11) Remediation/Testing/Scenarios; (12) Trainee Termination; (13) Legal Issues and Liabilities; (14) Review of the Regular Basic Course Training; and, (15) Competency Expectations. (POST Administrative Manual, Procedure D-13-4.)

This bill would require POST to require the field training program to include a 20-hour evidence-based behavioral health training course relating to law enforcement interaction with persons with mental illness or intellectual disability.

This bill would require POST to require field training officers to have 40 hours of evidence-based behavioral health training, as specified.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for Legislation

According to the author:

Day by day there is a growing recognition throughout law enforcement nationwide of the value of behavioral health training for officers. SB 29 and its companion bill, SB 11, respond to the public’s heightened distrust by mandating stronger evidence-based behavioral health training that has proven to reduce volatile confrontations between peace officers and people with mental illnesses or intellectual disabilities. Equally important, the bills recognize California’s cultural diversity and require training to be culturally appropriate.

Specifically, SB 29:

• Mandates 40 hours of evidence-based behavioral health training for all Field Officer Trainers;

• Mandates an additional 20 hours of evidence-based behavioral health training for new officers. Training must be completed during the employing department’s field training and probationary period but in no case later than 24 months after employee’s appointment as an officer; and

• Furthermore, SB 29 increases an officers’ ability to communicate effectively and efficiently. The bill calls for training to overcome the stigmatization of mental illness. It also requires the instruction of officers of cultural differences to increase awareness of attitudes and behaviors, and to appreciate the commonalities that exist across diverse cultures.

SB 29 recognizes a basic tenet in law enforcement: officers ultimately rely on their training to cope with emergencies. Therefore the key to an officer’s preparation are Field Training officers. Over time, the new training mandated by SB 29 offers a way to phase in behavioral health training in law enforcement agencies. It increases training for newly hired officers while targeting existing officers who are in a supervisory role. SB 29 recognizes that new officers’ look-up to Field Training officers; and over time, Field Training Officers typically are promoted creating a steady flow of new officers to replace them who will need to be trained. . .

POST has a certified Field Training Program guide that includes 18 competencies that must be completed during a new officer’s Field Training. Mental illness and intellectual and physical disabilities competencies are under Section 12.6 and 12.7. POST does not mandate hours for any of the 18 competencies. Recently, the California Highway Patrol mandated FTO trainers to spend at least 10 hours to educate new officers on Section 12.6 and 12.7 competencies. (Instructor led training). . .

2. Effect of Legislation: Field Training Requirements

All field training requirements are regulatory. As discussed above, POST requires an officer be provided a minimum of 10 weeks of field training. This training must cover 18 different competency requirements, including a component relating to “Control of Persons, Prisoners, and Mentally Ill.” Under POST’s Field Training model, trainees are required, for example, to demonstrate competency in the following:¹

12.6.02. Behavior Due to Disabilities. The trainee shall acknowledge that some disabilities (including intellectual disabilities, cerebral palsy, epilepsy, autism and other neurological conditions) are not readily apparent and that sometimes people with developmental or cognitive disabilities may have little or no conscious ability to control their behavior.

12.6.03. Dealing with Cognitive Impairment. The trainee shall recognize and demonstrate effective communications for person with cognitive impairments to minimally include:

A. Give one direction or ask one question at a time

B. Allow the person to process what you have said and respond (10-15

seconds, then repeat)

C. Avoid questions that tell the person the answer you expect (avoid

questions with yes/no answers)

D. Repeat questions from a slightly different perspective, if necessary

E. Avoid questions about time, complex sequences, or reasons for

behavior

F. Use concrete terms and ideas; avoid jargon or figures or speech

12.7.01. State Law and Agency. The trainee shall review and explain state law and agency policy regarding mental health cases.

12.7.02. Considerations When Handling or Dealing with Mentally Ill/Emotionally Disturbed Persons. The training shall identify considerations to be made when handling and dealing with mentally ill or emotionally disturbed persons, to minimally include:

A. Ignoring verbal abuse

B. Avoiding excitement

C. Avoiding unnecessary deception

D. Requesting backup to minimize resistance

E. Requesting an ambulance prior to confronting subject, if necessary

F. Keeping the disturbed person in sight constantly

G. Continual alertness

H. Seizing firearms for safekeeping

12.7.03. Mental Health Facility or Regional Center. The trainee shall identify the appropriate mental health facility or regional center within the agency’s jurisdiction to be used for evaluation, treatment, counseling, or referral.

12.7.08. Demonstrating Knowledge of Proper Procedure. Given a scenario or an actual incident involving a mentally ill or emotionally disturbed person, the trainee shall take all necessary precautions in dealing with the person, safely that the person into custody (if necessary), assure safe transportation of the person, and properly complete all necessary forms and reports.

A trainee can demonstrate competency by performing these functions in the field, through role playing, or by taking a verbal or written test. Both the Field Training Officer and the trainee have to sign a form stating that training was received and competency was demonstrated for each of the training components.

While behavioral health training is included in field training, there is currently no hour requirement.² This legislation would specify how many hours of behavioral health training an officer must have by requiring the field training program include a 20-hour evidence-based behavioral health training course relating to law enforcement interaction with persons with mental illness or intellectual disability.

According to the author:

The Memphis Crisis Intervention Team (CIT) is a nationally recognized training for police officers and first responders to effectively interact with those in a mental illness crisis. The Memphis model calls for 40 hours of intense training to learn interventions such as de-escalation, shown to be effective when responding to individuals with mental illnesses.

SB 29 builds on the 20 hours of training provided in the Academy under SB 11. Taken together, SB 11 and SB 29 provide the full 40 hours of training strongly recommended under the Memphis Model.

This legislation, as drafted, would preclude an officer from getting hourly credit for time spent in the field. Members may wish to consider recommending an amendment that would allow an officer to receive hourly credit for the time he or she spends on behavioral health issues in the field.

SHOULD OFFICERS BE REQUIRED TO HAVE A SPECIFIC NUMBER OF TRAINING HOURS RELATING TO MENTAL HEALTH DURING FIELD TRAINING?

3. Effect of Legislation: Field Training Officer Requirements

Field Training Officers must have a POST Basic Training Certificate and one year general law enforcement uniformed patrol experience.³ Field Training Officers are additionally required to have a minimum of 40 hours of training on a variety of topics, including: (1) Field Training Program Goals and Objectives; (2) Keys to Successful Field Training Programs; (3) Field Training Program Management/Roles of Program Personnel; (4) Teaching and Training Skills Development; (5) The Professional Relationship between the FTO and the Trainee; (6) Evaluation/Documentation; (7) Expectations and Roles of the FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention; (11) Remediation/Testing/Scenarios; (12) Trainee Termination; (13) Legal Issues and Liabilities; (14) Review of the Regular Basic Course Training; and, (15) Competency Expectations. There is currently no requirement behavioral health training requirement. This legislation would require an additional 40 hours of evidence-based behavioral health training.

Requiring evidence-based training could limit the use of high-quality, promising behavioral health training.⁴ Members may wish to recommend an amendment that would allow POST to provide “promising evidence-based or evidence-based training.”

SHOULD FIELD TRAINING OFFICERS BE REQUIRED TO HAVE 40 HOURS OF MENTAL HEALTH TRAINING?

4. Argument in Support

According to County Behavioral Health Directors Association:

The existing California Peace Officer Standards and Training (POST) curriculum for officers does not mandate a prescribed number of hours of behavioral health training in the Field Training program. According to POST representatives, although training resources exists, there is no standardized behavioral health training curriculum statewide, and this lack of uniformity creates a patchwork of training programs offered by California law enforcement agencies.

SB 29 mandates 40 hours of evidence-based behavioral health training for all Field Officer Trainers, and 20 additional hours of evidence-based behavioral health training for trainees in Field Training programs. The bill also calls for the training to address issues related to stigma, and instruct officers on culturally appropriate procedures when responding to individuals experiencing a behavioral health crisis.

5. Argument in Opposition

According to the California State Sheriffs’ Association:

On behalf of the California State Sheriffs’ Association (CSSA), we must respectfully oppose Senate Bill 29, which would mandate increased training for law enforcement officers on mental health issues.

To be clear, CSSA recognizes the importance of appropriate training of law enforcement officers. We also acknowledge that mental health issues have grown in significance in recent years. California peace officers are among the best trained in the nation because of the rigorous and comprehensive education and training regimen overseen by the Commission on Peace Officer Standards and Training (POST). Proper training prepares officers for the daily dangers of their jobs, builds trust with the community members protected by law enforcement, and provides appropriate standards for peace officer behavior.

Currently, significant training on mental health issues is required of prospective and employed peace officers. The basic POST academy includes mandatory training on mental health issues and includes a scenario-based test that must be passed in order to graduate from an academy. Additionally, law enforcement agencies around the state offer ongoing POST-certified crisis intervention training on mental health and require their officers to complete additional mental health training in addition to the state-mandated minimums.

SB 29 would require 40 hours of training on mental health issues for field training officers and 20 additional hours of training on mental health issues for new officers during their field training period. While CSSA does not necessarily oppose alterations to training requirements, this bill simply adds a time-based requirement without the benefit of knowing where gaps and deficiencies in existing training mandates may exist. More training for the sake of more training may not be beneficial and may come at the expense of other, more necessary training.

POST, in conjunction with law enforcement, is in the process of examining mental health training courses and requirements to ascertain if there are issues that need to be addressed. Although we appreciate the desire to improve interactions between law enforcement and persons with mental health issues, SB 29 represents a premature, unfunded mandate that offers no guarantee of providing the appropriate training to the right officers.

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