BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                       AB 1687|
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          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  

           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  


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          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."

           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,  



                                                                    AB 1687

          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.


           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:  

           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  



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           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  

          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  

           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

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