BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1687| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1687 Author: Conway (R) Amended: 3/26/14 in Assembly Vote: 21 SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/24/14 AYES: Beall, DeSaulnier, Liu, Wyland NO VOTE RECORDED: Berryhill ASSEMBLY FLOOR : 76-0, 5/5/14 - See last page for vote SUBJECT : Persons with Developmental Disabilities Bill of Rights SOURCE : Author DIGEST : This bill recasts statutory rights that currently exist in the Lanterman Developmental Disabilities Services Act as the "Persons with Developmental Disabilities Bill of Rights." This bill adds to those rights the right to a prompt investigation of any alleged abuse. ANALYSIS : Existing law: 1.Establishes the Lanterman Developmental Disabilities Services Act, enacted in 1977, which sets forth the rights of individuals with developmental disabilities in California and the responsibilities of the state to provide services and CONTINUED AB 1687 Page 2 supports. 2.Establishes that persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the Constitution and laws of the United States and the state of California. 3.States legislative intent that persons with developmental disabilities have specified rights, related to a right to treatment and habilitation services and supports in the least restrictive environment. 4.Establishes legislative intent that all victims of crimes are treated with dignity, respect, courtesy, and sensitivity and that the rights of victims are honored and protected by law enforcement agencies, prosecutors, and judges. 5.Establishes a victim's right to an expeditious disposition of the criminal action. 6.Requires a state developmental center to immediately, but no later than within two hours of observing, obtaining knowledge of, or suspecting abuse, report specified incidents involving a resident to the local law enforcement agency, as defined. 7.Requires mandated reporters, as specified, in a variety of care settings to report suspected abuse of an elder or dependent adult to local law enforcement, the local ombudsman, or other authorities as appropriate to the setting, immediately or as soon as practicably possible, as specified. This bill: 1.Renames the heading of Welfare and Institutions Code 4502, to "Persons With Developmental Disabilities Bill of Rights." 2.Adds to the list of rights, "A right to a prompt investigation of any alleged abuse against them." Background Developmental disabilities . A developmental disability is defined as a disability that originates before an individual attains 18 years of age, is expected to continue indefinitely, CONTINUED AB 1687 Page 3 and constitutes a substantial disability for that individual. It includes intellectual disabilities, cerebral palsy, epilepsy, and autism spectrum disorders, among others. California's 21 regional centers are nonprofit organizations that provide local services and supports to more than 275,000 consumers statewide, as of May 2014. Regional centers, through contracts with the Department of Developmental Services, provide diagnosis and assessment of eligibility and help plan, access, coordinate and monitor the services and supports that are needed because of an individual's developmental disability. Services for consumers are determined through an individual program plan. In addition, as of June 11, 2014, there were about 1,250 individuals living in developmental centers, including approximately 400 at Porterville Developmental Center, which is in the author's district, about 440 at Sonoma, about 315 individuals at Fairview and 50 in-center consumers at Lanterman Developmental Center, which is in the process of closure. The overall number of consumers residing in developmental centers has decreased by approximately 550 since March 2012. Comments According to the author's office, this bill is one of two that were introduced by the author out of concerns for residents of Porterville Developmental Center, in her district, and other individuals living with developmental disabilities. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/26/14) Association of Regional Center Agencies California Association for Health Services At Home California Commission on Aging California Psychological Association Disability Rights California East Bay Developmental Disabilities Legislative Coalition State Council on Developmental Disabilities, Area Board 10 (Los Angeles County) State Council on Developmental Disabilities, Area Board 9 (Ventura) CONTINUED AB 1687 Page 4 ARGUMENTS IN SUPPORT : The Developmental Disabilities Area Board 10 which covers Los Angeles County believes this bill is an important next step in the process of ensuring that people with developmental disabilities have the full rights and responsibilities of citizenship as well as the added protection needed when others take advantage of their greater vulnerability. The Association of Regional Center Agencies states that recent news has described various disturbing allegations, many of which have been substantiated, and that formally establishing a bill of rights for those with developmental disabilities is a shared goal. ASSEMBLY FLOOR : 76-0, 5/5/14 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Logue, Mansoor, Melendez, Vacancy JL:e 6/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED