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 require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability.

This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimers disease or dementia. The bill would specify that a field training officer who completed the training prior to January 1, 2025, or who is exempt from completing the training, is not required to take the updated training, but would require a field training officer who has not completed the training on or after January 1, 2025, or who is not exempt from completing the training, to complete the revised training. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements.

This bill would also require the commission, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and distribute electronically a course on how to recognize and interact with persons with Alzheimers disease and dementia. The bill would require peace officers appointed on or before July 1, 2029, to complete that course by January 1, 2030, and peace officers appointed after July 1, 2029, to complete that course within 180 days of being appointed, as specified. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements. By creating new duties for local officials, 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.

Date of Hearing: March 22, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 21

Author:(Gipson) – As Introduced Ver:December 5, 2022

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

SUMMARY:

This bill requires the Commission on Peace Officer Standards and Training (POST) to revise its training for field-training officers (FTOs) on interacting with persons with mental illness or intellectual disabilities to include instruction on interacting with persons with Alzheimer’s disease or dementia.

Specifically, this bill:

1. Provides that an FTO who completed the mental illness or intellectual disability training prior to January 1, 2025, or who was exempt from completing it, is not required to take the updated training.
2. Exempts jurisdictions that, prior to January 1, 2024, develop a training that includes the training requirements in this bill.
3. Requires an FTO who has not completed the mental illness/intellectual disability training by January 1, 2025, or who is not exempt from completing it, to complete the revised training.
4. Requires POST, upon its next regularly scheduled review of a training module relating to persons with disabilities, to create and distribute electronically a course on how to recognize and interact with persons with Alzheimer’s disease or dementia.
5. Requires a peace officer appointed before July 1, 2029, to complete the training by January 1, 2030, and any appointed after July 1, 2029, to complete it within 180 days of being appointed. Limits this requirement to specified peace officers.

FISCAL EFFECT:

1. One-time costs (General Fund (GF)) of approximately $250,000 for POST to create a training course on interacting with persons with Alzheimer’s disease or dementia. POST notes it will take up to two years for it to complete the training course. Additional one-time and ongoing costs to local law enforcement agencies for every peace officer to take the course no late than 2030. POST estimates, based on a two-hour training program for approximately 90,000 peace officers statewide, the overtime costs between 2025 and 2030 would be $13.5 million. Ongoing costs to local agencies after 2030 would be approximately $1 million dollars for new officers to take the training within the first 180 days of hiring.
   
2. One-time and ongoing overtime costs (GF) possibly in the upper hundreds of thousands of dollars to low millions of dollars to multiple state agencies for officers to take the online training course. For instance, the Department of Insurance estimates this bill will cost the department approximately $199,000 in FY 2023-24 for its peace officers to complete the training and possibly tens of thousands of dollars annually thereafter for new hires to attend the training.

COMMENTS:

1. Purpose. According to the author:
   

Our loved ones who are mentally disabled need specialized responses in times of crisis. It is not in times of crisis that we abandon and abuse our vulnerable communities. To support law enforcement by giving them the necessary information needed to assist Dementia patients who may be experiencing a mental health crisis. Also, protecting the rights and the dignity of Dementia patients around the state. It is my hope that these interventions between community and law enforcement bear fruit. Leading to more understanding and people centered approaches.

1. Existing Training Requirements. Existing law requires POST to provide, and peace officers to complete, extensive training related to interactions with individuals with intellectual disabilities and mental illness. Most of these requirements were added by SB 11 (Beall), Chapter 468, Statutes of 2015, and SB 29 (Beall), Chapter 469, Statutes of 2015. Officers are required to complete, at a minimum, POST's Regular Basic Course curriculum, which includes 15 hours of instruction on disability laws, developmental disabilities, physical disabilities and mental illness.
   
   Additionally, FTOs who are instructors in the field training program must have at least eight hours of crisis intervention behavioral health training. Additionally any peace officer must also complete at least 24 hours of continuing professional training every two years, a part of which may be satisfied by the mental health training course developed by POST. POST is also required to conduct a review and evaluation of its existing training, identify critical gaps, and work with the appropriate stakeholders to update the training to help officers effectively address incidents involving persons with mental illness or intellectual disability.
   
2. Little Hoover Commission (LHC) Study. In November 2021, LHC issued a report examining the various peace officer training requirements and made several recommendations for improving outcomes. Recommendations included asking the Legislature to refrain from amending or adding any new law enforcement training requirements and instead fund POST to assess how well existing officer training is working in the field and adjust training mandates as needed. LHC also recommended POST collaborate with academic researchers and establish a permanent academic review board to ensure training standards are aligned with the latest scientific research and advise POST on how to incorporate research findings into new and existing standards and training.
   
3. Prior Legislation.
   
   1. AB 89 (Jones-Sawyer), Chapter 405, Statutes of 2021, requires POST, upon appropriation by the Legislature, to develop a program to provide financial support for a higher education degree for individuals pursuing a law enforcement career.
      
   2. AB 1947 (Ting), of the 2021-22 Legislative Session, would have required POST to consult with subject matter experts, as defined, to develop its course of instruction in hate crimes, a change from the previous requirement that POST consult with law enforcement agencies, civil rights groups, academic experts, and the DOJ. AB 1947 died on the Senate Inactive File.
      
   3. AB 2429 (Quirk), of the 2021-22 Legislative Session, would have required POST to partner with academic researchers to conduct an assessment of existing officer training and report to the Legislature about its findings. AB 2429 was held in the Senate Appropriations Committee.
      
   4. AB 2583 (Mullin), of the 2021-22 Legislative Session, was substantially similar to this bill and would have required the POST to revise its training for FTOs on interacting with persons with mental illness or intellectual disabilities to also include instruction on interacting with persons with Alzheimer’s disease. AB 2583 was held in this committee.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 21

Author:(Gipson) – As Introduced Ver:December 5, 2022

SUMMARY:

Requires the Commission on Peace Officer Standards and Training (POST) to revise their training for field-training officers (FTOs) on interacting with persons with mental illness or intellectual disabilities to also include instruction on interacting with persons with Alzheimer’s or dementia. Specifically, this bill:

1. Requires POST to revise the training for FTOs on interacting with persons having a mental illness or developmental disability to include instruction on effectively interacting with persons with Alzheimer’s disease or dementia.
   
2. Provides that a training developed by a jurisdiction before January 1, 2024, shall be deemed to be compliant with this new requirement.
   
3. Provides that a FTO who completed the mental illness/intellectual disability training prior to January 1, 2025, or who was exempt from completing it, is not required to take the updated training.
   
4. Requires a FTO who has not completed the mental illness/intellectual disability training by January 1, 2025, or who is not exempt from completing it, to complete the revised training.
   
5. Requires POST to create and electronically distribute a course on how to recognize and interact with persons with Alzheimer’s disease or dementia the next time it reviews its training module related to persons with disabilities.
   
6. Requires POST to consult with the California Department of Aging and other organizations and agencies that have expertise in Alzheimer’s disease and dementia when creating the course.
   
7. Provides that this course shall be made available to peace officers and law enforcement agencies in California.
   
8. Requires peace officers appointed on or before July 1, 2029 to complete the training by January 1, 2030, and those appointed after July 1, 2029 to complete it within 180 days of being appointed. Limits this requirement to specified peace officers.
   
9. Specifies that officers can complete this training remotely.

EXISTING LAW:

1. Requires POST to adopt rules establishing minimum standards relating to the recruitment, training and fitness of state and local law enforcement officers. (Pen. Code, §§ 13510 & 13510.5.)
   
2. Mandates that the course of basic training for law enforcement officers include adequate instruction in specified procedures and techniques relating to the handling of persons with developmental disabilities or mental illness. (Pen. Code, § 13519.2, subd. (a).)
   
3. Requires POST to review its training module in the regular basic training course relating to persons with a mental illness, intellectual disability, or substance use disorder, and analyze existing curricula in order to identify where additional training is needed to better prepare law enforcement to effectively address incidents involving these populations. (Pen. Code, § 13515.26, subd. (a).)
   
4. Requires POST to establish and keep updated a continuing education classroom training course related to law enforcement interactions with persons with mental disabilities, as specified. (Pen. Code, §§ 13515.25 & 13515.27.)
   
5. Requires FTOs to complete at least eight hours of crisis intervention behavioral health training in order to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. (Pen. Code, § 13515.28, subd. (a)(1).)
   
6. Mandates this FTO training to include:
   
   1. The cause and nature of mental illness and intellectual disabilities;
      
   2. How to identify indicators of mental illness, intellectual disability, and substance use disorders;
      
   3. How to distinguish between mental illness, intellectual disability, and substance use disorders;
      
   4. How to respond appropriately in a variety of situations involving these populations;
      
   5. Conflict resolution and de-escalation techniques;
      
   6. Appropriate language usage when interacting with potentially emotionally distressed persons;
      
   7. Community and state resources to serve these populations and how these resources can be best utilized by law enforcement;
      
   8. The perspective of individuals or families who have experiences with persons with mental illness, intellectual disabilities, and substance use disorders. (Pen. Code, § 13515.28, subd. (b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Looking at the course of police work in our country it is imperative that we look at all the interactions that take place in the field. Our loved ones who are mentally disabled need specialized responses in times of crisis. It is not in times of crisis that we abandon and abuse our vulnerable communities. To support law enforcement by giving them the necessary information needed to assist Dementia patients who may be experiencing a mental health crisis. Also, protecting the rights and the dignity of Dementia patients around the state. It is my hope that these interventions between community and law enforcement bear fruit. Leading to more understanding and people centered approaches. This is the start of building a better future for our loved ones.”
   
2. Existing Training for Officers Related to Intellectual Disabilities and Mental Illness: California law requires POST to provide, and peace officers to complete, extensive training related to interactions with individuals with intellectual disabilities and mental illness. Most of these requirements were added by SB 11 (Beall), Chapter 468, Statutes of 2015 and SB 29 (Beall), Chapter 469, Statutes of 2015. Officers are required to complete, at a minimum, POST's Regular Basic Course curriculum, which includes 15 hours of instruction on disability laws, developmental disabilities, physical disabilities and mental illness. Additionally, FTOs who are instructors in the field training program must have at least 8 hours of crisis intervention behavioral health training. Further, officers must complete at least 24 hours of Continuing Professional Training every two years, a part of which may be satisfied by the mental health training course developed by POST; however, the course is not mandated as part of the biennial requirement. POST is also required to conduct a review and evaluation of its existing training, identify critical gaps, and work with the appropriate stakeholders to update the training to help officers effectively address incidents involving persons with mental illness or intellectual disability.
   
   The basic training learning domain covering people with disabilities, includes recognizing appropriate peace officer response(s) and methods of communication during field contacts with people who are affected by dementia. (See LD-37, p. 3, available at https://post.ca.gov/regular-basic-course-training-specifications.)
   
   This bill would initially revise the training for field-training officers (FTOs) on interacting with persons with mental illness or intellectual disabilities to specifically include recognizing and interacting with persons with Alzheimer’s disease or dementia, and impose requirements for FTOs to take that training first. The training requirements for other peace officers would be subsequently implemented.
   
3. Little Hoover Commission (LHC) Study: In November 2021, LHC issued a report examining the various peace officer training requirements and made several recommendations for improving outcomes. Recommendations included asking the Legislature to refrain from amending or adding any new law enforcement training requirements and instead have POST assess how well existing officer training is working in the field and adjust training mandates as needed. LHC also recommended POST collaborate with academic researchers and establish a permanent academic review board to ensure training standards are aligned with the latest scientific research and advise POST on how to incorporate research findings into new and existing standards and training. (Law Enforcement Training: Identifying What Works for Officers and Communities, Little Hoover Commission, Nov. 2021 https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/265/Report265.pdf .)
   
4. Argument in Support: According to the Alzheimer’s Association of California, “Currently, approximately 690,000 Californians are living with Alzheimer’s and this number is slated to double by 2040. Communities of color will shoulder a disproportionate share of the increase in prevalence. Whereas the California Department of Health estimates a doubling in the total number of Californian’s living with Alzheimer’s by 2040, in that same period the number of Black Californians living with Alzheimer’s is projected to nearly triple and Hispanic Californians living with Alzheimer’s will more than triple.

“Currently, there is very little dedicated training on identifying and interacting with individuals with Alzheimer’s. This is despite the fact that nearly 70% of those diagnosed will experience ‘wandering’, which can result in peace officers being called to respond.

“Ensuring that our state’s workforce has dementia training and competency is critical, especially for law enforcement. Recognizing this need, Los Angeles has begun to add dementia-related training for their sworn officers. Ensuring that our entire state has this same training is a reasonable next step to ensuring the state’s law enforcement workforce is dementia capable.”

1. Argument in Opposition: None submitted.
   
2. Related Legislation: AB 390 (Haney), requires POST to partner with academic researchers to conduct an assessment of peace officer training requirements and determine how well they are working.
   
3. Prior Legislation:
   
   1. AB 2583 (Gipson), of the 2021-2022 Legislative Session, was nearly identical to this bill. AB 2583 was held in the Assembly Appropriations Committee.
      
   2. AB 2429 (Quirk), of the 2021-2022 Legislative Session, would have required POST to partner with academic researchers to assess existing peace officer training requirements and establish a permanent academic review board to regularly review and update the training requirements. AB 2429 was held in the Senate Appropriations Committee.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Alzheimer's Association State Policy Office (Sponsor)

Alzheimer's Greater Los Angeles

Alzheimer's Orange County

Alzheimer's San Diego

Arcadia Police Officers' Association

Burbank Police Officers' Association

California Assisted Living Association

California Association of Highway Patrolmen

California Attorneys for Criminal Justice

California Coalition of School Safety Professionals

California Public Defenders Association

Claremont Police Officers Association

Corona Police Officers Association

Culver City Police Officers' Association

Fullerton Police Officers' Association

Inglewood Police Officers Association

Los Angeles School Police Officers Association

Newport Beach Police Association

Palos Verdes Police Officers Association

Placer County Deputy Sheriffs' Assocation

Pomona Police Officers' Association

Riverside Police Officers Association

Riverside Sheriffs' Association

Santa Ana Police Officers Association

Upland Police Officers Association

Opposition

None

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744