Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and adult protective services agencies and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and adult protective services agencies and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and adult protective services agencies and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and adult protective services agencies and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

This bill would require local law enforcement agencies, as defined, and adult protective services agencies and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

By requiring local agencies to revise their policy manuals, this 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 the statutory provisions noted above.

 UNFINISHED BUSINESS  

Bill No: SB 1191

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/3/18

AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener

NO VOTE RECORDED: Anderson

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 4/23/18 (Consent)

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Morrell

ASSEMBLY FLOOR: 80-0, 8/30/18 - See last page for vote

SUBJECT:

SOURCE: Coalition for Elder and Disability Rights

DIGEST:

This bill requires local law enforcement and long-term care ombudsman programs to revise their policy manuals to include references to existing elder and dependent adult abuse laws.

Assembly Amendments

remove adult protective service agencies from the requirements for revising and including elder abuse in their manuals and add technical changes.

ANALYSIS:

Existing law:

1. Makes it a crime for a person, entrusted with the care of custody of any elder or dependent adult, to willfully cause the elder to be injured or permit them to be placed in a situation endangering their health. (Pen. Code § 368, subd. (b)(1).)
2. States that local and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elders and victims with disabilities. (Pen. Code § 368.5, subd. (a).)
3. States that local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies’ request, provided, however, that law enforcement agencies shall retain exclusive responsibility for criminal investigations, any provision of the law to the contrary notwithstanding. (Pen. Code § 368.5, subd. (b).)

This bill requires every local law enforcement agency and long-term care ombudsman program, on or before July 1, 2019, to revise or include in the portion of its policy manual relating to elder and dependent adult abuse, the following information:

1. That any person who knows that a person is an elder or dependent adult and who willfully causes or permit any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed $2,000 or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment pursuant to Penal Code Section 368, subdivision (c);
2. That any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years pursuant to Penal Code Section 368, subdivision (f);
3. That law enforcement agencies, have the responsibility for criminal investigations of elder and dependent adult abuse and criminal neglect, however, adult protective services and long-term care ombudsman programs have authority to investigate incidents of elder and dependent adult abuse and neglect and may, if requested, assist law enforcement agencies with criminal investigations pursuant to Penal Code Section 368.5, subdivision (b); and,
4. The Department of Justice’s definition of elder and dependent adult abuse: “Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

Comments

The author states: “Senate Bill 1191 mandates that all law enforcement training and policy manuals include references to California Penal Codes 368 and 368.5 in order to help ensure that law enforcement jurisdictions enforce existing elder abuse laws. This would allow officers to better identify instances of elder abuse as crimes. This issue arises as a result of the frequent outsourcing of the task of writing officer policy manuals to private organizations such as Lexipol, LLC; that are contracted by law enforcement to draft training policies and manuals. Often these private organizations omit the above mentioned California Penal Codes entirely from law enforcement training and policy manuals; these omissions undermine the legislature’s intent.”

Third party organizations provide state-specific, public safety policy content and training. Their services are provided to police, including airport, municipal, campus, port, and tribal officers, sheriff’s departments, custody officers, detention center officers, district attorney offices, probation offices, state and federal agencies, and more. Lexipol is California’s leading officer training manual provider. The Lexipol system allows departments and agencies to customize policy manuals to update, change, and delete content. Lexipol also recommends that a person must allocate 50 to 60 hours for review and editing. The size and scope of departments and agencies which use Lexipol often varies.

In 2014, Pan authored AB 2623 requiring police officers and deputy sheriffs to be trained in the legal rights and remedies available to victims of elder or dependent adult abuse, such as protective orders, simultaneous move-out orders, and temporary restraining orders. (Pen. Code § 13515, subd. (a).) The legislation also requires Peace Officers Standards and Training Council (POST) to consult with local adult protective services offices and the Office of State Long-Term Care Ombudsman when producing new or updated training materials. (Pen. Code § 13515, subd. (b)(1)-(3).)

In 2014-2015, Santa Clara County Grand Jury received a complaint regarding law enforcement’s failure to apply California Penal Code Section 368 in investigating false imprisonment and forced isolation of elderly residents in San Jose. The San Jose Police Department reported, “It does not appear to me that this is a situation of criminal neglect matter”. A Santa Clara County Deputy District Attorney concurred stating, “This is a civil issue”. However, existing law states that any person who willfully causes or permit any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. (Pen. Code § 368, subd. (c).) Additionally, any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years. (Pen. Code § 368, subd. (f).)

The Grand Jury reviewed law enforcement manuals, training materials, and the County’s Elder Abuse Protocol. Out of 12 law enforcement agencies, only one policy and sheriff’s department manuals specifically referenced California Penal Code Section 368. The study showed that, across 12 counties, officer training manuals were inconsistent in their references to California Penal Code Sections 368 and 368.5.

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

According to the Assembly Appropriations Committee, cost is negligible. This bill does not impose a state-mandated local program because it is at the local agency's discretion to produce a policy manual. In any case, costs to comply are likely to be low.

SUPPORT: (Verified 8/27/18)

Coalition for Elder and Disability Rights (source)

Arc and United Cerebral Palsy California Collaboration

California Advocates for Nursing Home Reform

California Association for Health Services at Home

California Retired teachers Association; Disability Rights California

California Senior Legislature

Probate Court Reform Movement

Eight individuals

OPPOSITION: (Verified 8/27/18)

None received

ASSEMBLY FLOOR: 80-0, 8/30/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/30/18 20:45:50

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1191

Author:(Hueso)

As Amended Ver:August 6, 2018

Majority vote

SENATE VOTE: 38-0

SUMMARY: Requires local law enforcement and long-term care ombudsman programs to revise their policy manuals to include references to existing elder and dependent adult abuse laws. Specifically, this bill:

Requires every local law enforcement agency and long-term care ombudsman program, when they next revise their policy manuals, to include in the portion relating to elder and dependent adult abuse, the following information:

1. That any person who knows that a person is an elder or dependent adult and who willfully causes or permits any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed $2,000 or imprisonment in a county jail not to exceed one year, or both the fine and imprisonment;
2. That any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years;
3. That adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies' request, however, law enforcement agencies retain exclusive responsibility for criminal investigations, notwithstanding any law to the contrary; and,
4. To include, as a guideline to investigators, the Department of Justice's definition of elder and dependent adult abuse which is: "Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering."

EXISTING LAW:

1. Makes it a crime for a person, entrusted with the care of custody of any elder or dependent adult, to willfully cause the elder to be injured or permit them to be placed in a situation endangering their health.
2. States that local and state law enforcement agencies with jurisdiction, shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elders and victims with disabilities.
3. Authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

FISCAL EFFECT: According to the Assembly Appropriations Committee, cost is negligible. This bill does not impose a state-mandated local program because it is at the local agency's discretion to produce a policy manual. In any case, costs to comply are likely to be low.

COMMENTS:

According to the author, "Senate Bill 1191 mandates that all law enforcement training and policy manuals include references to California Penal Codes 368 and 368.5 in order to help ensure that law enforcement jurisdictions enforce existing elder abuse laws. This would allow officers to better identify instances of elder abuse as crimes. This issue arises as a result of the frequent outsourcing of the task of writing officer policy manuals to private organizations such as Lexipol, LLC; that are contracted by law enforcement to draft training policies and manuals. Often these private organizations omit the above mentioned California Penal Codes entirely from law enforcement training and policy manuals; these omissions undermine the legislature's intent."

Third Party Training Manuals and Training

Third party organizations provide state-specific, public safety policy content and training. Their services are provided to police, including airport, municipal, campus, port, and tribal officers, sheriff's departments, custody officers, detention center officers, district attorney offices, probation offices, state and federal agencies, and more. Lexipol is California's leading officer training manual provider. The Lexipol system allows departments and agencies to customize policy manuals to update, change, and delete content. Lexipol also recommends that a person must allocate 50 to 60 hours for review and editing. The size and scope of departments and agencies which use Lexipol often varies.

Case Study on Elder Abuse and Training Manuals

In 2014-2015, Santa Clara County Grand Jury received a complaint regarding law enforcement's failure to apply California Penal Code 368 in investigating false imprisonment and forced isolation of elderly residents in San Jose. The San Jose Police Department reported, "It does not appear to me that this is a situation of criminal neglect matter". A Santa Clara County Deputy DA concurred stating, "This is a civil issue".

However, existing law states that any person who willfully causes or permit any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. (Penal Code Section 368, subdivision (c).) Additionally, any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years. (Penal Code Section 368, subdivision (f).)

The Grand Jury reviewed law enforcement manuals, training materials, and the county's Elder Abuse Protocol. Out of twelve law enforcement agencies, only one policy and sheriff's department manuals specifically referenced California Penal Code 368. The study showed that, across 12 counties, officer training manuals were inconsistent in their references to California Penal Code 368 and 368.5.

Argument in Support: The Riverside Sheriffs' Association states in their letter that the author had noted, "Most law enforcement jurisdictions have elder abuse policies that do not contain or reference California Penal Codes 368 and 368.5. As a result, police officers and other law enforcement officials usually lack training on how to handle cases of elder abuse and lack the ability to recognize when false imprisonment and forced isolation are taking place against elder dependent adults."

Their letter also states, "SB 1191 proposes to address this problem by requiring that all law enforcement training manuals and policies include the reference California Penal Codes 368 and 368.5 in order to better ensure that law enforcement jurisdictions are better equipped to enforce elder abuse laws."

Argument in Opposition: None.

Analysis Prepared by: Barry Brewer / AGING & L.T.C. / (916) 319-3990 FN: 0004723

Date of Hearing: August 15, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1191

Author:(Hueso) – As Amended Ver:August 6, 2018

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

SUMMARY:

This bill requires local law enforcement agencies and long-term-care ombudsman programs to, when the agency or program next undertakes the policy revision process, revise or include in the portion of its policy manual relating to elder and dependent adult abuse, if that policy manual exists, information about elder and dependent adult abuse.

FISCAL EFFECT:

Negligible. This bill does not impose a state-mandated local program because it is at the local agency's discretion to produce a policy manual. In any case, costs to comply are likely to be low.

COMMENTS:

Purpose. According to the Conservatorship Reform Project, the sponsor of this bill, there are numerous reports of conservators illegally preventing friends and family from visiting conservatees even when there is no court order restricting visitation. The author notes elder abuse is a silent problem that impacts nearly 5 million older Americans each year. Elder abuse is characterized as a silent problem because victims are often unwilling to seek assistance, because they believe their cries for help will go unanswered and they fear retaliation from their abusers.

This bill mandates all law enforcement jurisdiction policies and training manuals contain and include references to existing law related elements of the crime of elder/dependent adult abuse to minimize confusion about what types of abuse constitute a criminal case.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: June 26, 2018

Counsel: Matthew Fleming

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 1191

Author:(Hueso) – As Amended Ver:May 24, 2018

SUMMARY: Requires local law enforcement to revise their training policies in regards to the crimes of elder and dependent adult abuse. Specifically, this bill:

1. Requires every local law enforcement agency, adult protective services agency, and long-term care ombudsman to revise or include the following information in its policy manual relating to elder and dependent adult abuse prior to July 1, 2019:
   
   1. The elements of the crime of elder/dependent adult abuse;
      
   2. The elements of the crime of false imprisonment of an elder or dependent adult;
      
   3. The requirement that law enforcement agencies have the exclusive responsibility for criminal investigations of elder and dependent adult abuse and criminal neglect, however, adult protective services and long-term care ombudsman programs have authority to investigate incidents of elder and dependent adult abuse and neglect and may, if requested, assist law enforcement agencies with criminal investigations;
      
   4. The Department of Justice’s definition of elder and dependent adult abuse: “Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”
      
2. Specifies that these provisions do not require an adult protective agency or long term care ombudsman that does not have a policy manual to create or adopt one.
   
3. Defines certain terms for the purposes of these provisions as follows:
   
   1. “Local law enforcement agency” means “every municipal police department and county sheriffs’ department.”
      
   2. “Policy manual” means “any general orders, patrol manual, duty manual, or other written document or collection of documents that provides field or investigative personnel with policies, procedures, or guidelines for responding to or investigating crimes, complaints, or incidents.”

EXISTING LAW:

1. Makes it a misdemeanor for any person any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, to willfully cause or permit any elder or dependent adult to suffer, or to inflict thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully cause or permit the person or health of the elder or dependent adult to be injured or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered. (Pen. Code, § 368, subd. (c).)
   
2. Makes a second conviction of elder/dependent adult abuse, as described above, an alternate felony misdemeanor. (Ibid.)
   
3. Defines false imprisonment as the unlawful violation of the personal liberty of another. (Pen. Code, § 236.)
4. Punishes false imprisonment as an alternate misdemeanor/felony. (Pen. Code, § 237, subd. (a).)
   
5. Punishes false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit, as a felony with imprisonment for two, three, or four years. ((Pen. Code, § 368, subd. (f); Pen. Code, § 237, subd. (b).)
   
6. States that local and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elders and victims with disabilities. (Pen. Code § 368.5, subd. (a).)
   
7. States that adult protective services agencies and local long-term care ombudsman programs have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies’ request, provided, however, that law enforcement agencies shall retain exclusive responsibility for criminal investigations, any provision of the law to the contrary notwithstanding. (Pen. Code § 368.5, subd. (b).)
   

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, “Elder abuse is a silent problem that impacts nearly 5 million older Americans each year. Elder abuse is characterized as a silent societal problem because victims are often unwilling to seek assistance because they unfortunately believe their cries for help will go unanswered and they fear retaliation from their abusers.

“Senate Bill 1191 mandates that all law enforcement jurisdictions in the State of California have policies and training manuals that contain and include reference to California Penal Code 368 and 368.5. The inclusion of California Penal Code 368 and 368.5 will allow officers to properly identify instances of elder abuse crimes.”

1. Elder Abuse Training in Santa Clara County: The author cites the County of Santa Clara as an example of how this bill may make a positive impact on the rights and safety of the elderly and the disabled. In Santa Clara, a civil grand jury received a complaint concerning failure of law enforcement to apply California Penal Code 368 to an investigation of false imprisonment and forced isolation of elderly residents in a San Jose, CA assisted living facility. San Jose Police Department reported, “it does not appear to me that this situation is a criminal neglect matter…” A Santa Clara County Deputy DA stated “this is a civil issue.” (Robert Fettgather et al., “Elder Abuse as an Emerging Public Health Concern: Identifying Deficiencies in Law Enforcement Policy,” Coalition for Elder & Dependent Adult Rights, 2015.)
   

In response to the complaint, the Grand Jury reviewed law enforcement duty manuals, training materials, and the county’s Elder Abuse Protocol. (Id.) Numerous individuals throughout the county were interviewed. (Id.) The grand found that only 2 out of the 12 police departments in Santa Clara County included training on Penal Code Section 368, which is the elder abuse offense. (Id.)

The San Jose Police Department (SJPD) was one of the departments who did not include Section 368 in their training. SJPD introduced reference to Penal Code Section 368 in 2015. Since then, the number of elder abuse incidents documented by the police has risen each year. The increase in reports of elder abuse incidents correlates with the increased attention to training on elder abuse. It is reasonable to believe that the training resulted in a positive impact on public safety, at least with respect to some of the most vulnerable members of the community: the elderly and the disabled.

1. Argument in Support: According to the Conservatorship Reform Project: “[W]e hear report after report of Conservators illegally preventing friends and family from visiting Conservatees even when there is no court order restricting visitation. We hear heart wrenching reports of Conservatees who have died alone in hospital rooms— with local family trying to visit but barred by the hospital at the direction of the Conservator. In spite of what the law says, Conservators sometimes take it upon themselves to instruct hospitals not only to prohibit visits to Conservatees, but also to withhold the most basic information about Conservatees— i.e. whether they are a patient in the hospital and still alive. Often the staff of Nursing Homes or Assisted Living Facilities will defer to the (illegal) instructions of a Conservator and prevent a Conservatee from receiving visits, phone calls or mail from friends and family. When Police respond to calls of isolation of an elder, they not only tell friends and family that visitation is a civil matter, they also tell friends and family that an elder able to move freely within a locked facility is not being isolated, even if the staff is actively preventing the elder from visiting with friends, family or advocates.
   

“‘Isolation’ as defined in Welfare and Institutions Code 15610.43(a)(1) includes: ‘Acts

intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.’ The rest of 15610.43

prohibits physical restraint of an elder to prevent the elder from meeting with visitors and telling a visitor that an elder is not present or does not wish to meet or talk with them where the statement is false. Unfortunately, the full range of strategies employed by Hospitals, Assisted Living Facilities, Nursing Homes and private caregivers to prevent Conservatees from meeting with visitors has more variations than the law currently contemplates. For example, one Assisted Living Facility Assistant Director simply told a daughter that she would not be allowed to visit her mother (a Conservatee) until the Conservator authorized the visit, physically pushed the daughter away from the mother, used her body to block the daughter from approaching the mother, and then had a huddle of four caregivers lead the mother away. The mother was overmedicated with psychotropic drugs to the point of being too docile to protest. The Police were called and (erroneously) told the daughter the issue was a civil matter. The Police (erroneously) stated that the mother was not being isolated because the mother was allowed to walk around the locked facility and wasn’t ‘locked in a closet’ even though she was being prevented from visiting with her daughter.”

1. Related Legislation: SB 416 (Anderson), of the 2017–2018 Legislative Session, would have included repeated isolation as a way in which a prosecutor could prove “mental suffering” for purposes of the offense of elder abuse. SB 416 was held in the Senate Appropriations Committee.
   
2. Prior Legislation:
   
   1. AB 2623 (Pan), Chaptered 823, Statutes of 2014, expanded the elder and dependent adult abuse training curriculum requirements mandatory for specified peace officers and required the Commission on Peace Officer Standards and Training (POST) to consult with local protective services offices and the Office of the State Long-Term Care Ombudsman when creating new or updated training materials.
      
   2. SB 338 (Morrell), of the 2015-2016 Legislative Session, would have created an alternate felony-misdemeanor offense for causing substantial mental suffering in an elder or dependent adult. SB 338 died in the Senate Public Safety Committee.
   3. AB 441 (Wilk), of the 2015-2016 Legislative Session, would have created a sentencing enhancement of two additional years of imprisonment for any person convicted of identity theft if the victim was 65 years of age or older at the time of the offense. AB 441 failed passage in the Assembly Public Safety Committee.
      
   4. SB 110 (Liu), Chapter 617, Statutes of 2010, authorized every local law enforcement agency that participates in the Peace Officer Standards and Training (POST) program to provide training to its peace officers using a telecourse related to crime victims with disabilities each time that telecourse is update.
   5. AB 1819 (Shelley), Chapter 559, Statutes of 2000, required peace officer elder abuse training to include the subjects of physical and psychological abuse of elders and dependent adults.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Arc and United Cerebal Palsy California Collaboration

California Senior Legislature

Coalition for Elder and Disability Rights

Conservatorship Reform Project

Crime Victims United of California

Riverside Sheriffs’ Association
Spectrum Institute

3 private individuals

Opposition

None

Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744

Date of Hearing: June 19, 2018

ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE

Ash Kalra, Chair

SBPCA Bill Id:SB 1191

Author:(Hueso) – As Amended Ver:May 24, 2018

SENATE VOTE: 38-0

SUBJECT: Crimes: elder and dependent adult abuse: investigations.

SUMMARY: Requires local law enforcement, adult protective service agencies, and long-term care ombudsman programs to revise their policy manuals to include references to existing elder and dependent adult abuse laws. Specifically, this bill:

Requires every local law enforcement agency, adult protective services agency, and long-term care ombudsman program, on or before July 1, 2019, to revise or include in the portion of its policy manual relating to elder and dependent adult abuse, if such a policy manual exist, the following information:

1. That any person who knows that a person is an elder or dependent adult and who willfully causes or permit any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed $2,000 or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment pursuant to Penal Code section 368, subdivision (c);
2. That any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years pursuant to Penal Code section 368, subdivision (f);
3. That law enforcement agencies, have the responsibility for criminal investigations of elder and dependent adult abuse and criminal neglect, however, adult protective services and long-term care ombudsman programs have authority to investigate incidents of elder and dependent adult abuse and neglect and may, if requested, assist law enforcement agencies with criminal investigations pursuant to Penal Code section 368.5, subdivision (b); and,
4. The Department of Justice’s definition of elder and dependent adult abuse: “Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

EXISTING LAW:

1. Makes it a crime for a person, entrusted with the care of custody of any elder or dependent adult, to willfully cause the elder to be injured or permit them to be placed in a situation endangering their health.
2. States that local and state law enforcement agencies with jurisdiction, shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elders and victims with disabilities.
3. Authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations.

FISCAL EFFECT: Pursuant to Senate Rule 28.8, this bill was not heard in Senate Appropriations Committee, it was ordered to the Consent Calendar.

COMMENTS:

According to the author, “Senate Bill 1191 mandates that all law enforcement training and policy manuals include references to California Penal Codes 368 and 368.5 in order to help ensure that law enforcement jurisdictions enforce existing elder abuse laws. This would allow officers to better identify instances of elder abuse as crimes. This issue arises as a result of the frequent outsourcing of the task of writing officer policy manuals to private organizations such as Lexipol, LLC; that are contracted by law enforcement to draft training policies and manuals. Often these private organizations omit the above mentioned California Penal Codes entirely from law enforcement training and policy manuals; these omissions undermine the legislature’s intent.”

Third Party Training Manuals and Training

Third party organizations provide state-specific, public safety policy content and training. Their services are provided to police, including airport, municipal, campus, port, and tribal officers, sheriff’s departments, custody officers, detention center officers, district attorney offices, probation offices, state and federal agencies, and more. Lexipol is California’s leading officer training manual provider. The Lexipol system allows departments and agencies to customize policy manuals to update, change, and delete content. Lexipol also recommends that a person must allocate 50 to 60 hours for review and editing. The size and scope of departments and agencies which use Lexipol often varies.

Case Study on Elder Abuse and Training Manuals

In 2014-2015, Santa Clara County Grand Jury received a complaint regarding law enforcement’s failure to apply California Penal Code 368 in investigating false imprisonment and forced isolation of elderly residents in San Jose. The San Jose Police Department reported, “It does not appear to me that this is a situation of criminal neglect matter”. A Santa Clara County Deputy DA concurred stating, “This is a civil issue”.

However, existing law states that any person who willfully causes or permit any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. (Pen. Code § 368, subd. (c).) Additionally, any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years. (Pen. Code § 368, subd. (f).)

The Grand Jury reviewed law enforcement manuals, training materials, and the county’s Elder Abuse Protocol. Out of twelve law enforcement agencies, only one policy and sheriff’s department manuals specifically referenced California Penal Code 368. The study showed that, across 12 counties, officer training manuals were inconsistent in their references to California Penal Code 368 and 368.5.

Argument in Support: The Riverside Sheriffs’ Association states in their letter that the author had noted, “Most law enforcement jurisdictions have elder abuse policies that do not contain or reference California Penal Codes 368 and 368.5. As a result, police officers and other law enforcement officials usually lack training on how to handle cases of elder abuse and lack the ability to recognize when false imprisonment and forced isolation are taking place against elder dependent adults.”

Their letter also states, “SB 1191 proposes to address this problem by requiring that all law enforcement training manuals and policies include the reference California Penal Codes 368 and 368.5 in order to better ensure that law enforcement jurisdictions are better equipped to enforce elder abuse laws.”

Argument in Opposition: None.

REGISTERED SUPPORT / OPPOSITION:

Support

The Arc and United Cerebral Palsy California Collaboration

California Association for Health Services at Home (CAHSAH)

California Retired Teachers Association (CalRTA)

California Senior Legislature

Coalition for Elder & Disability Rights (CEDAR)

Crime Victims United of California

Disability Rights California (DRC)

Riverside Sheriffs’ Association

Spectrum Institute

Nine individuals.

Opposition

None on file.

Analysis Prepared by: Barry Brewer / AGING & L.T.C. / (916) 319-3990

 CONSENT  

Bill No: SB 1191

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/3/18

AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener

NO VOTE RECORDED: Anderson

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Coalition for Elder and Disability Rights

DIGEST: This bill requires local law enforcement, adult protective service agencies, and long-term care ombudsman programs to revise their policy manuals to include references to existing elder and dependent adult abuse laws.

ANALYSIS:

Existing law:

1. Makes it a crime for a person, entrusted with the care of custody of any elder or dependent adult, to willfully cause the elder to be injured or permit them to be placed in a situation endangering their health. (Pen. Code § 368, subd. (b)(1).)
2. States that local and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elders and victims with disabilities. (Pen. Code § 368.5, subd. (a).)
3. States that adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies’ request, provided, however, that law enforcement agencies shall retain exclusive responsibility for criminal investigations, any provision of the law to the contrary notwithstanding. (Pen. Code § 368.5, subd. (b).)

This bill:

1. Requires every local law enforcement agency, adult protective services agency, and long-term care ombudsman program, on or before July 1, 2019, to revise or include in the portion of its policy manual relating to elder and dependent adult abuse, the following information:
   1. That any person who knows that a person is an elder or dependent adult and who willfully causes or permit any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed $2,000 or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment pursuant to Penal Code section 368, subdivision (c);
   2. That any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years pursuant to Penal Code section 368, subdivision (f);
   3. That law enforcement agencies, have the responsibility for criminal investigations of elder and dependent adult abuse and criminal neglect, however, adult protective services and long-term care ombudsman programs have authority to investigate incidents of elder and dependent adult abuse and neglect and may, if requested, assist law enforcement agencies with criminal investigations pursuant to Penal Code section 368.5, subdivision (b); and,
   4. The Department of Justice’s definition of elder and dependent adult abuse: “Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

Background

Third party organizations provide state-specific, public safety policy content and training. Their services are provided to police, including airport, municipal, campus, port, and tribal officers, sheriff’s departments, custody officers, detention center officers, district attorney offices, probation offices, state and federal agencies, and more. Lexipol is California’s leading officer training manual provider. The Lexipol system allows departments and agencies to customize policy manuals to update, change, and delete content. Lexipol also recommends that a person must allocate 50 to 60 hours for review and editing. The size and scope of departments and agencies which use Lexipol often varies.

In 2014, Pan authored AB 2623 (Chapter 823, Statutes of 2014) requiring police officers and deputy sheriffs to be trained in the legal rights and remedies available to victims of elder or dependent adult abuse, such as protective orders, simultaneous move-out orders, and temporary restraining orders. (Pen. Code § 13515, subd. (a).) The legislation also requires Peace Officers Standards and Training Council (POST) to consult with local adult protective services offices and the Office of State Long-Term Care Ombudsman when producing new or updated training materials. (Pen. Code § 13515, subd. (b)(1)-(3).)

In 2014-2015, Santa Clara County Grand Jury received a complaint regarding law enforcement’s failure to apply California Penal Code 368 in investigating false imprisonment and forced isolation of elderly residents in San Jose. The San Jose Police Department reported, “It does not appear to me that this is a situation of criminal neglect matter”. A Santa Clara County Deputy DA concurred stating, “This is a civil issue”. However, existing law states that any person who willfully causes or permit any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. (Pen. Code § 368, subd. (c).) Additionally, any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years. (Pen. Code § 368, subd. (f).)

The Grand Jury reviewed law enforcement manuals, training materials, and the county’s Elder Abuse Protocol. Out of twelve law enforcement agencies, only one policy and sheriff’s department manuals specifically referenced California Penal Code 368. The study showed that, across 12 counties, officer training manuals were inconsistent in their references to California Penal Code 368 and 368.5.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/16/18)

Coalition for Elder and Disability Rights (source)

Arc and United Cerebral Palsy California Collaboration

California Advocates for Nursing Home Reform

California Association for Health Services at Home

California Retired Teachers Association

California Senior Legislature

Disability Rights California

Probate Court Reform Movement

7 Individuals

OPPOSITION: (Verified 4/16/18)

None received

Prepared by:

4/18/18 11:38:34

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 1191 Hearing Date: April 3, 2018

Subject: Crimes: Elder and Dependent Adult Abuse: Investigations

HISTORY

Source: Coalition for Elder and Disability Rights

Prior Legislation: AB 2623 (Pan), Chaptered 823, Statutes of 2014

SB 110 (Liu), Chaptered 617, Statutes of 2010

AB 1819 (Shelley), Chaptered 559, Statutes of 2000

Support: Arc and United Cerebral Palsy California Collaboration; California Advocates for Nursing Home Reform; California Association for Health Services at Home; California Retired teachers Association; Disability Rights California; 2 Individuals

Opposition: None known

PURPOSE

The purpose of this bill is to require local law enforcement, adult protective service agencies, and long-term care ombudsman programs to revise their policy manuals to include references to existing elder and dependent adult abuse laws.

Existing law makes it a crime for a person, entrusted with the care of custody of any elder or dependent adult, to willfully cause the elder to be injured or permit them to be placed in a situation endangering their health. (Pen. Code § 368, subd. (b)(1).)

Existing law states that local and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elders and victims with disabilities. (Pen. Code § 368.5, subd. (a).)

Existing law states that adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies’ request, provided, however, that law enforcement agencies shall retain exclusive responsibility for criminal investigations, any provision of the law to the contrary notwithstanding. (Pen. Code § 368.5, subd. (b).)

This bill requires every local law enforcement agency, adult protective services agency, and long-term care ombudsman program, on or before July 1, 2019, to revise or include in the portion of its policy manual relating to elder and dependent adult abuse, the following information:

• That any person who knows that a person is an elder or dependent adult and who willfully causes or permit any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed $2,000 or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment pursuant to Penal Code section 368, subdivision (c);
• That any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years pursuant to Penal Code section 368, subdivision (f);
• That law enforcement agencies, have the responsibility for criminal investigations of elder and dependent adult abuse and criminal neglect, however, adult protective services and long-term care ombudsman programs have authority to investigate incidents of elder and dependent adult abuse and neglect and may, if requested, assist law enforcement agencies with criminal investigations pursuant to Penal Code section 368.5, subdivision (b); and,
• The Department of Justice’s definition of elder and dependent adult abuse: “Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

COMMENTS

1. Need for this Bill

The author states:

Senate Bill 1191 mandates that all law enforcement training and policy manuals include references to California Penal Codes 368 and 368.5 in order to help ensure that law enforcement jurisdictions enforce existing elder abuse laws. This would allow officers to better identify instances of elder abuse as crimes. This issue arises as a result of the frequent outsourcing of the task of writing officer policy manuals to private organizations such as Lexipol, LLC; that are contracted by law enforcement to draft training policies and manuals. Often these private organizations omit the above mentioned California Penal Codes entirely from law enforcement training and policy manuals; these omissions undermine the legislature’s intent.

2. Third Party Training Manuals and Training

Third party organizations provide state-specific, public safety policy content and training. Their services are provided to police, including airport, municipal, campus, port, and tribal officers, sheriff’s departments, custody officers, detention center officers, district attorney offices, probation offices, state and federal agencies, and more.^[1] Lexipol is California’s leading officer training manual provider. The Lexipol system allows departments and agencies to customize policy manuals to update, change, and delete content. Lexipol also recommends that a person must allocate 50 to 60 hours for review and editing. The size and scope of departments and agencies which use Lexipol often varies.^[2]

In 2014, Pan authored AB 2623 requiring police officers and deputy sheriffs to be trained in the legal rights and remedies available to victims of elder or dependent adult abuse, such as protective orders, simultaneous move-out orders, and temporary restraining orders. (Pen. Code § 13515, subd. (a).) The legislation also requires Peace Officers Standards and Training Council (POST) to consult with local adult protective services offices and the Office of State Long-Term Care Ombudsman when producing new or updated training materials. (Pen. Code § 13515, subd. (b)(1)-(3).)

3. Case Study on Elder Abuse and Training Manuals

In 2014-2015, Santa Clara County Grand Jury received a complaint regarding law enforcement’s failure to apply California Penal Code 368 in investigating false imprisonment and forced isolation of elderly residents in San Jose. The San Jose Police Department reported, “It does not appear to me that this is a situation of criminal neglect matter”. A Santa Clara County Deputy DA concurred stating, “This is a civil issue”. ^[3] However, existing law states that any person who willfully causes or permit any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, is guilty of a misdemeanor. (Pen. Code § 368, subd. (c).) Additionally, any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment for two, three, or four years. (Pen. Code § 368, subd. (f).)

The Grand Jury reviewed law enforcement manuals, training materials, and the county’s Elder Abuse Protocol. Out of twelve law enforcement agencies, only one policy and sheriff’s department manuals specifically referenced California Penal Code 368. The study showed that, across 12 counties, officer training manuals were inconsistent in their references to California Penal Code 368 and 368.5.

4. Argument in Support

According to the Coalition on Elder and Disability Rights:

Law enforcement officials typically lack policy on how to handle cases of the most common forms of elder and/or dependent adult abuse, which are isolation and/or false imprisonment, that are currently taking place throughout California. When families, friends, associates, and/or advocates report abuse of elders and/or dependent adults, law enforcement often incorrectly responds that the abuse is a civil matter. Law enforcement’s frequently response is “Sorry ma’am, this is a civil matter. You will have to hire an attorney and go to court.” Courts consistently rule families don’t have legal standing for civil remedies, during the victim’s lifetime. The result is on-going and often escalating abuse until the victim dies. Upon death family can finally file civil remedies limited to monetary compensation. Family is never able to stop the abuse that was their primary goal.

-- END –

1. “Law Enforcement - FAQs,” Lexipol (blog), accessed March 5, 2018, http://www.lexipol.com/law-enforcement/law-enforcement-faqs/. ↑

2. “Law Enforcement - Case Studies - Lexipol,” accessed March 5, 2018, http://www.lexipol.com/law-enforcement/law-enforcement-case-studies/. ↑

3. Robert Fettgather et al., “Elder Abuse as an Emerging Public Health Concern: Identifying Deficiencies in Law Enforcement Policy” (Coalition for Elder & Dependent Adult Rights, 2015). ↑