BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 29|
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UNFINISHED BUSINESS
Bill No: SB 29
Author: Beall (D)
Amended: 8/31/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 40-0, 6/3/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 77-2, 9/2/15 - See last page for vote
SUBJECT: Peace officer training: mental health
SOURCE: United Domestic Workers of America
DIGEST: This bill requires law enforcement field training
officers (FTOs) to have training from the Commission on Police
Officer Standards and Training (POST) regarding law enforcement
interaction with persons with mental illness or intellectual
disability.
Assembly Amendments:
1)Require FTOs who provide instruction in the field training
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program to have at least eight hours of crisis intervention
behavioral health training, taught in segments that are at
least four hours long, as specified.
2)Exclude an FTO who has completed eight hours of crisis
intervention behavioral health training within the past 24
months, or 40 hours of crisis intervention behavioral health
training, from the training requirement, as specified.
3)Specify that FTOs assigned or appointed before January 1,
2017, must complete the crisis intervention behavioral health
training by June 30, 2017. FTOs assigned or appointed on or
after January 1, 2017, shall complete the crisis intervention
course within 180 days of assignment or appointment.
4)Require POST to establish and keep updated an FTO course
relating to competencies of the field training program and
police training program that addresses how to interact with
persons with mental illness or intellectual disability, as
specified. Requires all prospective FTOs to complete the
course as part of the FTO program, as specified.
5)Delete the requirement that POST require as part of its
existing field training program 20 hours of field training
relating to law enforcement interaction with persons with
mental illness or intellectual disability to be completed
during the employing department's field training and
probationary period.
6)Require POST, by May 1, 2016, to conduct a review and
evaluation of the required competencies of the field training
program and police training program to identify areas where
additional training is necessary to better prepare law
enforcement officers to effectively address incidents
involving persons with a mental illness or intellectual
disability, as specified.
ANALYSIS:
Existing law:
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1) Creates POST. POST consists of 15 members appointed by the
Governor, after consultation with, and with the advice of,
the Attorney General and with the advice and consent of the
Senate. Racial, gender, and ethnic diversity shall be
considered for all appointments to the commission. (Penal
Code § 13500.)
2) Requires POST to adopt rules establishing minimum standards
relating to physical, mental, and moral fitness that govern
the recruitment of any city police officers, peace officer
members of a county sheriff's office, marshals or deputy
marshals, and other specified peace officers. (Penal Code §
13510.)
3) Requires, in Section 1005 of Title 11 of the California Code
of Regulations, any department which employs peace officers
to have a POST-approved Field Training Program. Requests for
approval of a department's Field Training Program must be
submitted to POST and signed by the department head attesting
to the adherence of the following program requirements:
a) The Field Training Program is to be delivered over a
minimum of 10 weeks and based upon the structured learning
content as specified in the POST manual.
b) A trainee must have successfully completed the Regular
Basic Course before participating in the Field Training
Program.
c) The Field Training Program must have a Field Training
Supervisor/ Administrator/Coordinator (SAC), as specified.
d) The Field Training Program must have FTOs who meet
specified requirements.
e) Trainees must be supervised depending upon their
assignment:
i) A trainee assigned to general law enforcement
uniformed patrol duties must be under the direct and
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immediate supervision (physical presence) of a
qualified FTO.
ii) A trainee temporarily assigned to
non-enforcement, specialized function(s) for the
purpose of specialized training or orientation is not
required to be in the immediate presence of a qualified
FTO while performing the specialized function(s).
f) Trainee performance must be:
i) Documented daily through journaling, daily
training notes, or Daily Observation Reports (DORs) and
shall be reviewed with the trainee by the FTO; and,
ii) Monitored by a Field Training Program SAC, or
designee, by review and signing of the DORs or, by
completing and/or signing weekly written summaries of
performance (e.g., Supervisor's Weekly Report, Coaching
and Training Reports) that are reviewed with the
trainee.
g) The FTO's attestation of each trainee's competence and
successful completion of the Field Training Program and a
statement that releases the trainee from the program,
along with the signed concurrence of the department head,
or his or her designate, must be retained in department
records.
4) Requires a POST-Approved Field Training Program to minimally
include the following topics: (a) Agency Orientation and
Department Polices; (b) Officer Safety; (c) Ethics; (d) Use
of Force; (e) Patrol Vehicle Operations; (f) Community
Relations/Professional Demeanor (including Cultural
Diversity, Community Policing, and Problem Solving; (g) Radio
Communications; (h) Leadership; (i) California Codes and Law;
(j) Search and Seizure; (k) Report Writing; (l) Control of
Persons, Prisoners, and Mentally Ill; (m) Patrol Procedures
(including Domestic Violence and Pedestrian and Vehicle
Stops); (n) Investigations/Evidence; (o) Tactical
Communications/Conflict Resolution; (p) Traffic (including
DUI); (q) Self-Initiated Activity; and, (r) Additional
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Agency-Specific Topics (may include Community Specific
Problems, Special Needs Groups, etc.). (POST Administrative
Manual, Procedure D-13-3.)
5) Requires that the POST-certified FTO Course be a minimum of
40 hours. In order to meet local needs, flexibility to
present additional curriculum may be authorized with prior
POST approval. Instructional methodology is at the
discretion of individual course presenters unless specified
otherwise in a training specification document developed for
the course. The FTO Course curriculum must include the
following topics: (a) Field Training Program Goals and
Objectives; (b) Keys to Successful Field Training Programs;
(c) Field Training Program Management/Roles of Program
Personnel; (d) Teaching and Training Skills Development; (e)
The Professional Relationship between the FTO and the
Trainee; (f) Evaluation/Documentation; (g) Expectations and
Roles of the FTO; (h) Driver Safety; (i) Officer Safety; (j)
Intervention; (k) Remediation/Testing/Scenarios; (l) Trainee
Termination; (m) Legal Issues and Liabilities; (n) Review of
the Regular Basic Course Training; and, (o) Competency
Expectations. (POST Administrative Manual, Procedure
D-13-4.)
This bill:
1) Requires FTOs who provide instruction in the field training
program to have at least eight hours of crisis intervention
behavioral health training to better train new peace officers
to effectively interact with persons with mental illness or
intellectual disability. Training should be taught segments
that are at least four hours long.
2) Excludes an FTO who has completed eight hours of crisis
intervention behavioral health training within the past 24
months, or 40 hours of crisis intervention behavioral health
training, from the training requirement.
3) Specifies that FTOs assigned or appointed before January 1,
2017, shall complete the crisis intervention behavioral
health training by June 30, 2017. FTOs assigned or appointed
on or after January 1, 2017, shall complete the crisis
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intervention course within 180 days of assignment or
appointment.
4) States that nothing shall prevent an agency from requiring
its FTOs from completing a crisis intervention behavioral
health training with a greater amount of hours or sooner than
the specified time limits.
5) Requires POST to establish and keep updated an FTO course
relating to competencies of the field training program and
police training program that addresses how to interact with
persons with mental illness or intellectual disability. This
course shall be at least four hours of classroom instruction
and instructor-led active learning.
6) Requires all prospective FTOs to complete the course as part
of the FTO program.
7) Requires POST to implement the provisions of this section on
or before August 1, 2016.
8) Specifies that POST shall, by May 1, 2016, conduct a review
and evaluation of the field training program and police
training program to identify areas where additional training
is necessary to better prepare law enforcement officers to
effectively address incidents involving persons with a mental
illness or an intellectual disability.
9) Directs that POST shall update the training in consultation
with appropriate community, local, and state organizations,
and agencies that have expertise in the area of mental
illness, intellectual disabilities, and substance abuse
disorders, and with appropriate consumer and family advocate
groups.
10)States that the training shall address issues related to
stigma, shall be culturally relevant and appropriate, and
shall include all of the following topics:
a) How to identify indicators of mental illness,
intellectual disability, substance use disorders,
neurological disorders, traumatic brain injury,
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post-traumatic stress disorder, and dementia;
b) Autism spectrum disorder;
c) Genetic disorders, including, but not limited to, down
syndrome;
d) Conflict resolution and de-escalation techniques for
potentially dangerous situations;
e) Alternatives to use of force when interacting with
potentially dangerous persons with mental illness or
intellectual disabilities;
f) The perspective of individuals and/or families with
lived experiences with persons with mental illness,
intellectual disability, and substance use disorders;
g) Involuntary holds; and,
h) Community and state resources available to serve
persons with mental illness or intellectual disability,
and how these resources can be best utilized by law
enforcement.
Background
All field training requirements are regulatory. POST requires
an officer be provided a minimum of 10 weeks of field training.
This training must cover 18 different competency requirements,
including a component relating to "Control of Persons,
Prisoners, and Mentally Ill." A trainee can comply with these
requirements by demonstrating competency in the field, through
role playing, or by taking a verbal or written test. Both the
FTO and the trainee have to sign a form stating that training
was received and competency was demonstrated for each of the
training components. This bill requires POST to conduct a
review and evaluation of the field training program and police
training program to identify areas where additional training is
necessary to better prepare law enforcement officers to
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effectively address incidents involving persons with a mental
illness or an intellectual disability.
FTOs must have a POST Basic Training Certificate and one year
general law enforcement uniformed patrol experience. FTOs are
additionally required to have a minimum of 40 hours of training
on a variety of topics, including: (1) Field Training Program
Goals and Objectives; (2) Keys to Successful Field Training
Programs; (3) Field Training Program Management/Roles of Program
Personnel; (4) Teaching and Training Skills Development; (5)
The Professional Relationship between the FTO and the Trainee;
(6) Evaluation/Documentation; (7) Expectations and Roles of the
FTO; (8) Driver Safety; (9) Officer Safety; (10) Intervention;
(11) Remediation/Testing/Scenarios; (12) Trainee Termination;
(13) Legal Issues and Liabilities; (14) Review of the Regular
Basic Course Training; and, (15) Competency Expectations. There
is currently no behavioral health training requirement.
This bill requires eight hours of crisis intervention behavioral
health training for FTOs who provide instruction in the field
training program, as specified. And, this bill requires POST to
establish and keep updated a FTO course that addresses how to
interact with persons with mental illness or intellectual
disability and requires all prospective FTOs to complete the
course as part of the FTO program.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee:
1)Reimbursable state mandated costs in the $2.57 million
(General Fund) range initially and $600,000 ongoing to
backfill for officers participating in the training. There
are currently 482 cities and 58 counties in California. To
the extent local agency expenditures qualify as a reimbursable
state mandate, agencies could claim reimbursement of those
costs for missed work hours for all FTOs in training.
2)Initial costs of $1.7 million (Post Officer's Training Fund -
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POTF) to POST for training costs and course development, and
annual ongoing costs of $250,000 (POTF) for prospective
training.
SUPPORT: (Verified9/1/15)
United Domestic Workers of America (source)
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
Association of Regional Center Agencies
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California Association of Highway Patrolmen
California Attorneys for Criminal Justice
California Council of Community Mental Health Agencies
California Crisis Intervention Training Association
California Medical Association
California Narcotic Officers Association
California Public Defenders Association
City of San Jose
Community Health Awareness Council
County Behavioral Health Directors Association
Disability Action Coalition
Disability Rights California
Donald Rocha, San Jose City Councilmember
Jeffrey Rosen, District Attorney, Santa Clara County
Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Mental Health America of California
National Alliance on Mental Illness
Riverside Sheriffs' Association
State Council on Developmental Disabilities
Steinberg Institute
The Arc and United Cerebral Palsy California Collaboration
OPPOSITION: (Verified9/1/15)
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California State Sheriffs' Association
ASSEMBLY FLOOR: 77-2, 9/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NOES: Bigelow, Grove
NO VOTE RECORDED: Harper
Prepared by:Jessica Devencenzi / PUB. S. /
9/2/15 19:27:55
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