SB 882: Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-30
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, upon appropriation by the Legislature, create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be composed of 9 members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and a representative from a law enforcement organization. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified. The bill would repeal these provisions as of July 1, 2026.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an officer perceived a civilian involved in an incident had a developmental, physical, or mental disability. The bill would also require these reports to include additional information, including the reason for contact and the injuries sustained, as specified. By imposing new duties on law enforcement agencies, this bill would create 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 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, upon appropriation by the Legislature, create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be composed of 9 members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and a representative from a law enforcement organization. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified. The bill would repeal these provisions as of July 1, 2026.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an officer perceived a civilian involved in an incident had a developmental, physical, or mental disability. The bill would also require these reports to include additional information, including the reason for contact and the injuries sustained, as specified. By imposing new duties on law enforcement agencies, this bill would create 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 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 would, upon appropriation by the Legislature, create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be composed of 9 members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and a representative from a law enforcement organization. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified. The bill would repeal these provisions as of July 1, 2026.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an officer perceived a civilian involved in an incident had a developmental, physical, or mental disability. The bill would also require these reports to include additional information, including the reason for contact and the injuries sustained, as specified. By imposing new duties on law enforcement agencies, this bill would create 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 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 create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be composed of 9 members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and a representative from a law enforcement organization. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an individual officer perceived a civilian involved in an incident had an intellectual, a developmental, physical, or mental disability. The bill would also require these reports to include additional information, including the reason for contact and the injuries sustained, as specified. By imposing new duties on law enforcement agencies, this bill would create 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 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 create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be composed of 16 9 members, appointed by the Governor, Attorney General, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and representatives from the California Police Chiefs Association and the California State Sheriffs Association. a representative from a law enforcement organization. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an individual involved in an incident had an intellectual, developmental, physical, or mental disability. By imposing new duties on law enforcement agencies, this bill would create 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 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 create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be composed of 16 members, appointed by the Governor, Attorney General, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and representatives from the California Police Chiefs Association and the California State Sheriffs Association. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an individual involved in an incident had an intellectual, developmental, physical, or mental disability. By imposing new duties on law enforcement agencies, this bill would create 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 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 create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be comprised composed of 15 16 members, appointed by the Governor, Attorney General, Senate Committee on Rules, and Speaker of the Assembly, including an individual with an intellectual or developmental disability and representatives from the California Police Chiefs Association and the California State Sheriffs Association. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an individual involved in an incident had an intellectual, developmental, physical, or mental disability. By imposing new duties on law enforcement agencies, this bill would create 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 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 create the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. The bill would require the council to be comprised of 15 members, appointed by the Attorney General, including an individual with an intellectual or developmental disability and representatives from the California Police Chiefs Association and the California State Sheriffs Association. The bill would require the council to meet quarterly beginning July 1, 2023, and would require the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified.
Existing law requires each law enforcement agency to report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.
This bill would require these reports to include whether an individual involved in an incident had an intellectual, developmental, physical, or mental disability. By imposing new duties on law enforcement agencies, this bill would create 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.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the officer perceived the civilian had a developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)The reason for contact.
(9)The reason for using force.
(10)The injuries sustained.
(11)If any medical aid was rendered.
(12)If the officer observed signs of any of the following:
(A)Mental, physical, or developmental disability.
(B)Drug or alcohol impairment.
(C)Erratic behavior.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For the purposes of this section, the following terms are defined as follows:
(1)Developmental disability has the same meaning as in Section 4512 of the Welfare and Institutions Code.
(2)Mental disability has the same meaning as serious mental disorder in Section 5600.3 of the Welfare and Institutions Code.
(3)Physical disability has the same meaning as in Section 12926 of the Government Code.
(4)Serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)Upon appropriation by the Legislature, the Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of nine members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability appointed by the Senate Committee on Rules.
(2)One parent or family member of a person with an intellectual or developmental disability appointed by the Governor.
(3)One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules.
(4)One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly.
(5)One representative from the State Department of Developmental Services appointed by the Governor.
(6)One representative from the Association of Regional Center Agencies appointed by the Governor.
(7)One representative from a law enforcement organization appointed by the Speaker of the Assembly.
(8)One representative from the Commission on Peace Officer Standards and Training appointed by the Governor.
(9)One representative from a labor organization that represents county behavioral health, independent in-home personal care, or intellectual and developmental disability service providers appointed by the Governor.
(d)The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, or no later than July 1, 2023, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
(i)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the officer perceived the civilian had a developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)The reason for contact.
(9)The reason for using force.
(10)The injuries sustained.
(11)If any medical aid was rendered.
(12)If the officer observed signs of any of the following:
(A)Mental, physical, or developmental disability.
(B)Drug or alcohol impairment.
(C)Erratic behavior.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For the purposes of this section, the following terms are defined as follows:
(1)Developmental disability has the same meaning as in Section 4512 of the Welfare and Institutions Code.
(2)Mental disability has the same meaning as serious mental disorder in Section 5600.3 of the Welfare and Institutions Code.
(3)Physical disability has the same meaning as in Section 12926 of the Government Code.
(4)Serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)Upon appropriation by the Legislature, the Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of nine members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability appointed by the Senate Committee on Rules.
(2)One parent or family member of a person with an intellectual or developmental disability appointed by the Governor.
(3)One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules.
(4)One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly.
(5)One representative from the State Department of Developmental Services appointed by the Governor.
(6)One representative from the Association of Regional Center Agencies appointed by the Governor.
(7)One representative from a law enforcement organization appointed by the Speaker of the Assembly.
(8)One representative from the Commission on Peace Officer Standards and Training appointed by the Governor.
(9)One representative from a labor organization that represents county behavioral health, independent in-home personal care, or intellectual and developmental disability service providers appointed by the Governor.
(d)The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, or no later than July 1, 2023, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
(i)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the officer perceived the civilian had a developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)The reason for contact.
(9)The reason for using force.
(10)The injuries sustained.
(11)If any medical aid was rendered.
(12)If the officer observed signs of any of the following:
(A)Mental, physical, or developmental disability.
(B)Drug or alcohol impairment.
(C)Erratic behavior.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For the purposes of this section, the following terms are defined as follows:
(1)Developmental disability has the same meaning as in Section 4512 of the Welfare and Institutions Code.
(2)Mental disability has the same meaning as serious mental disorder in Section 5600.3 of the Welfare and Institutions Code.
(3)Physical disability has the same meaning as in Section 12926 of the Government Code.
(4)Serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)The Upon appropriation by the Legislature, the Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of nine members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability appointed by the Senate Committee on Rules.
(2)One parent or family member of a person with an intellectual or developmental disability appointed by the Speaker of the Assembly. Governor.
(3)One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules.
(4)One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly.
(5)One representative from the State Department of Developmental Services appointed by the Governor.
(6)One representative from the Association of Regional Center Agencies appointed by the Governor.
(7)One representative from a law enforcement organization appointed by the Speaker of the Assembly.
(8)One representative from the Commission on Peace Officer Standards and Training appointed by the Senate Committee on Rules. Governor.
(9)One representative from a labor organization that represents county behavioral health, independent in-home personal care, or intellectual and developmental disability service providers appointed by the Governor.
(d)The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, or no later than July 1, 2023, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
(i)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the individual had an intellectual, officer perceived the civilian had a developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior, behavioral crisis, or mental disorders.(8)The reason for contact.
(9)The reason for using force.
(10)The injuries sustained.
(11)If any medical aid was rendered.
(12)If the officer observed signs of any of the following:
(A)Mental, physical, or developmental disability.
(B)Drug or alcohol impairment.
(C)Erratic behavior.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For the purposes of this section, the following terms are defined as follows:
(1)Developmental disability has the same meaning as in Section 4512 of the Welfare and Institutions Code.
(2)Mental disability has the same meaning as serious mental disorder in Section 5600.3 of the Welfare and Institutions Code.
(3)Physical disability has the same meaning as in Section 12926 of the Government Code.
(d)For purposes of this section, serious(4)Serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)The Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of nine members, appointed by the Governor, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability appointed by the Senate Committee on Rules.
(2)One parent or family member of a person with an intellectual or developmental disability appointed by the Speaker of the Assembly.
(3)One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules.
(4)One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly.
(5)One representative from the State Department of Developmental Services appointed by the Governor.
(6)One representative from the Association of Regional Center Agencies appointed by the Governor.
(7)One representative from a law enforcement organization appointed by the Speaker of the Assembly.
(8)One representative from the Commission on Peace Officer Standards and Training appointed by the Senate Committee on Rules.
(9)One representative from a labor organization that represents county behavioral health health, independent in-home personal care, or intellectual and developmental disability service providers appointed by the Governor.
(d)The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, or no later than July 1, 2023, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the individual had an intellectual, developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior, behavioral crisis, or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)The Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of 16 nine members, appointed by the Governor, Attorney General, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability appointed by the Senate Committee on Rules.
(2)One person with a mental health disorder appointed by the Speaker of the Assembly.(3)(2)One parent or family member of a person with an intellectual or developmental disability appointed by the Speaker of the Assembly.
(4)One parent or family member of a person with a mental health disorder appointed by the Senate Committee on Rules. (5)(3)One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules.
(6)(4)One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly.
(7)(5)One representative from the State Department of Developmental Services appointed by the Governor.
(8)(6)One representative from the Association of Regional Center Agencies appointed by the Governor.
(9)(7)One representative from the California Police Chiefs Association a law enforcement organization appointed by the Speaker of the Assembly.
(10)One representative from the California State Sheriffs Association appointed by the Speaker of the Assembly. (11)(8)One representative from the Commission on Peace Officer Standards and Training appointed by the Senate Committee on Rules.
(12)One representative from a labor organization that represents providers of In-Home Support Services appointed by the Senate Committee on Rules.(13)(9)One representative from a labor organization that represents county behavioral health or intellectual and developmental disability service providers appointed by the Governor.
(14)One representative from an academic institution who has expertise in research on developmental disabilities appointed by the Governor.(15)One representative from an academic institution who has expertise in research on mental health disorders appointed by the Governor.(16)One representative from an emergency dispatch system appointed by the Attorney General.(d)The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, or no later than July 1, 2023, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the individual had an intellectual, developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior, behavioral crisis, or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)The Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of 16 members, appointed by the Governor, Attorney General, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability appointed by the Senate Committee on Rules.
(2)One person with a mental health disorder appointed by the Speaker of the Assembly.
(3)One parent or family member of a person with a disability an intellectual or developmental disability appointed by the Speaker of the Assembly.
(4)One parent or family member of a person with a mental health disorder appointed by the Senate Committee on Rules.
(5)One representative from an advocacy organization that represents the intellectual and developmental disability community appointed by the Senate Committee on Rules.
(6)One representative from an advocacy organization that represents the mental health community appointed by the Speaker of the Assembly.
(7)One representative from the State Department of Developmental Services appointed by the Governor.
(8)One representative from the State Department of Developmental Services Regional Centers Association of Regional Center Agencies appointed by the Governor.
(9)One representative from the California Police Chiefs Association appointed by the Speaker of the Assembly.
(10)One representative from the California State Sheriffs Association appointed by the Speaker of the Assembly.
(11)One representative from the Commission on Peace Officer Standards and Training appointed by the Speaker of the Assembly. Senate Committee on Rules.
(12)One representative from a labor organization that represents providers of In-Home Support Services appointed by the Senate Committee on Rules.
(13)One representative from a labor organization that represents county behavioral health or intellectual and developmental disability service providers appointed by the Speaker of the Assembly. Governor.
(14)One representative from an academic institution who has expertise in research on developmental disabilities appointed by the Governor.
(15)One representative from an academic institution who has expertise in research on mental health disorders appointed by the Governor.
(16)One representative from an emergency dispatch system appointed by the Attorney General.
(d)The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the individual had an intellectual, developmental, physical, or mental disability.
(3)The date, time, and location of the incident.
(4)Whether the civilian was armed, and, if so, the type of weapon.
(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6)The number of officers involved in the incident.
(7)The number of civilians involved in the incident.
(8)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior, behavioral crisis, or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)The Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of 15 16 members, appointed by the Governor, Attorney General, Senate Committee on Rules, and Speaker of the Assembly, as follows:
(1)One person with an intellectual or developmental disability. disability appointed by the Senate Committee on Rules.
(2)One person with a mental health disorder. disorder appointed by the Speaker of the Assembly.
(3)One parent or family member of a person with a disability. disability appointed by the Speaker of the Assembly.
(4)One parent or family member of a person with a mental health disorder. disorder appointed by the Senate Committee on Rules.
(5)One representative from an advocacy organization that represents the intellectual and developmental disability community. community appointed by the Senate Committee on Rules.
(6)One representative from an advocacy organization that represents the mental health community. community appointed by the Speaker of the Assembly.
(7)One representative from the State Department of Developmental Services. Services appointed by the Governor.
(8)One representative from the State Department of Developmental Services Regional Centers. Centers appointed by the Governor.
(9)One representative from the California Police Chiefs Association. Association appointed by the Speaker of the Assembly.
(10)One representative from the California State Sheriffs Association. Association appointed by the Speaker of the Assembly.
(11)One representative from the Commission on Peace Officer Standards and Training. Training appointed by the Speaker of the Assembly.
(12)One representative from a labor organization that represents providers of in-home personal care services. In-Home Support Services appointed by the Senate Committee on Rules.
(13)One representative from a labor organization that represents county behavioral health or intellectual and developmental disability service providers. providers appointed by the Speaker of the Assembly.
(14)One representative from an academic institution who has expertise in research on developmental disabilities. disabilities appointed by the Governor.
(15)One representative from an academic institution who has expertise in research on mental health disorders. disorders appointed by the Governor.
(16)One representative from an emergency dispatch system appointed by the Attorney General.
(d)The Attorney General shall appoint members to the council and ensure, The appointment of members to the council shall ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and mental health conditions, and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)Whether the individual had an intellectual, developmental, physical, or mental disability.
(2)(3)The date, time, and location of the incident.
(3)(4)Whether the civilian was armed, and, if so, the type of weapon.
(4)(5)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(5)(6)The number of officers involved in the incident.
(6)(7)The number of civilians involved in the incident.
(7)(8)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior behavior, behavioral crisis, or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 2.Section 13016 is added to the Penal Code, to read:13016.(a)For the purposes of this section, the following terms are defined as follows:
(1)Council means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.
(2)Intellectual and Developmental Disability has the same meaning as developmental disability in Section 4512 of the Welfare and Institutions Code.
(b)The Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities is hereby created under the jurisdiction on the Department of Justice.
(c)The council shall consist of 15 members, appointed by the Attorney General, as follows:
(1)One person with an intellectual or developmental disability.
(2)One person with a mental health disorder.
(3)One parent or family member of a person with a disability.
(4)One parent or family member of a person with a mental health disorder.
(5)One representative from an advocacy organization that represents the intellectual and developmental disability community.
(6)One representative from an advocacy organization that represents the mental health community.
(7)One representative from the State Department of Developmental Services.
(8)One representative from the State Department of Developmental Services Regional Centers.
(9)One representative from the California Police Chiefs Association.
(10)One representative from the California State Sheriffs Association.
(11)One representative from the Commission on Peace Officer Standards and Training.
(12)One representative from a labor organization that represents providers of in-home personal care services.
(13)One representative from a labor organization that represents county behavioral health or intellectual and developmental disability service providers.
(14)One representative from an academic institution who has expertise in research on developmental disabilities.
(15)One representative from an academic institution who has expertise in research on mental health disorders.
(d)The Attorney General shall appoint members to the council and ensure, to the greatest extent possible, that the membership of the council is representative of the ethnic, cultural, age, gender, sexual orientation, and disability diversity of the state, and all of the geographic areas of the state, including rural areas. Once all members are appointed, the members shall collectively appoint a chair.
(e)Members of the council shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred specific to serving on the council.
(f)The Attorney Generals Office shall provide a staff member to coordinate and support the council and assist with implementing the councils recommendations.
(g)The council shall meet quarterly beginning July 1, 2023, and submit a report, with recommendations for improving outcomes of interactions between people with intellectual and developmental disabilities and law enforcement, to the Legislature within 24 months of the first convening. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
(h)Duties of the council shall include, but are not limited to, the following:
(1)Evaluation of the existing training for peace officers specific to interaction with the intellectually and developmentally disabled community. The evaluation shall include all types of training, including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(2)Evaluation of the existing training for peace officers specific to interaction with individuals with mental health disorders. The evaluation shall include all types of training including, but not limited to, instruction received in basic academy, on-going and mandatory training, including in-person, classroom-based, web-based, and field training.
(3)Identification of gaps in peace officer training specific to interactions with individuals who have an intellectual or developmental disability.
(4)Identification of gaps in peace officer training specific to interactions with individuals who have a mental health disorder.
(5)Make recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
|
Status
|
|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State. Chapter 899, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 24, 2022 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5063.) Ordered to engrossing and enrolling. |
| Aug 18, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2022 | Read third time. Passed. (Ayes 75. Noes 0. Page 5944.) Ordered to the Senate. |
| Aug 16, 2022 | Read second time. Ordered to third reading. |
| Aug 15, 2022 | Read second time and amended. Ordered to second reading. |
| Aug 11, 2022 | From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11). |
| Jun 29, 2022 | June 29 set for first hearing. Placed on suspense file. |
| Jun 14, 2022 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on APPR. |
| Jun 9, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 2, 2022 | Referred to Com. on PUB. S. |
| May 27, 2022 | In Assembly. Read first time. Held at Desk. |
| May 26, 2022 | Read third time. Passed. (Ayes 38. Noes 0. Page 3983.) Ordered to the Assembly. |
| May 24, 2022 | Ordered to special consent calendar. |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3773.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 2, 2022 | May 2 hearing: Placed on APPR suspense file. |
| Apr 22, 2022 | Set for hearing May 2. |
| Apr 20, 2022 | April 25 hearing postponed by committee. |
| Apr 14, 2022 | Set for hearing April 25. |
| Apr 13, 2022 | April 18 hearing postponed by committee. |
| Apr 5, 2022 | Set for hearing April 18. |
| Mar 28, 2022 | April 4 hearing postponed by committee. |
| Mar 25, 2022 | Set for hearing April 4. |
| Mar 23, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Mar 22, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3109.) (March 15). |
| Mar 3, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Feb 24, 2022 | Set for hearing March 15. |
| Feb 7, 2022 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 2, 2022 | Referred to Com. on PUB. S. |
| Jan 27, 2022 | From printer. May be acted upon on or after February 26. |
| Jan 26, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2022 | Unfinished Business SB882 Eggman et al. Concurrence | Senate Floor |
Passed |
|
| Aug 18, 2022 | SB 882 Eggman Senate Third Reading By Lackey | Assembly Floor |
Passed |
|
| May 26, 2022 | Special Consent SB882 | Senate Floor |
Passed |
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Positions by individuals are not included.
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