BILL NUMBER: AB 1227 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Cooper
FEBRUARY 27, 2015
An act to amend Sections 13515.30 and 13519.2 of the Penal
Code, relating to peace officer training.
LEGISLATIVE COUNSEL'S DIGEST
AB 1227, as amended, Cooper. Peace officer training: mental
health. health training.
Existing law requires the Commission on Peace Officer Standards
and Training to establish and keep updated a continuing education
classroom training course for peace officer interactions with persons
with mental illnesses or developmental disabilities.
Under existing law, this course consists of classroom instruction and
utilizes interactive training methods to ensure that training is as
realistic as possible. Under existing law, this course includes
training in identifying indicators of mental disability, conflict
resolution techniques, and alternatives to lethal force.
Existing law also requires the commission to develop, in consultation
with specified entities, adequate instruction in the
handling of persons with developmental disabilities or mental
illnesses for inclusion in the basic training course for law
enforcement officers.
This bill would require the commission, in collaboration with
relevant stakeholders, to study and submit a report to the
Legislature, on or before December 31, 2017, that assesses the
statuses of the training courses described above, assesses whether
the courses cover all appropriate topics, and identifies areas where
additional training may be needed.
This bill would declare the intent of the Legislature to enact
legislation to increase the continuing mental health training
standards for California peace officers.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13515.30 of the
Penal Code is amended to read:
13515.30. (a) By July 1, 2015, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education training course relating to law enforcement interaction
with mentally disabled and developmentally disabled persons living
within a state mental hospital or state developmental center. The
training course shall be developed by the commission in consultation
with appropriate community, local, and state organizations and
agencies that have expertise in the area of mental illness and
developmental disability, and with appropriate consumer and family
advocate groups. In developing the course, the commission shall also
examine existing courses certified by the commission that relate to
mentally disabled and developmentally disabled persons. The
commission shall make the course available to all law enforcement
agencies in California, and the course shall be required for law
enforcement personnel serving in law enforcement agencies with
jurisdiction over state mental hospitals and state developmental
centers, as part of the agency's officer training program.
(b) The course described in subdivision (a) may consist of
video-based or classroom instruction. The course shall include, at a
minimum, core instruction in all of the following:
(1) The prevalence, cause, and nature of mental illnesses and
developmental disabilities.
(2) The unique characteristics, barriers, and challenges of
individuals who may be a victim of abuse or exploitation living
within a state mental hospital or state developmental center.
(3) How to accommodate, interview, and converse with individuals
who may require assistive devices in order to express themselves.
(4) Capacity and consent of individuals with cognitive and
intellectual barriers.
(5) Conflict resolution and deescalation techniques for
potentially dangerous situations involving mentally disabled or
developmentally disabled persons.
(6) Appropriate language usage when interacting with mentally
disabled or developmentally disabled persons.
(7) Community and state resources and advocacy support and
services available to serve mentally disabled or developmentally
disabled persons, and how these resources can be best utilized by law
enforcement to benefit the mentally disabled or developmentally
disabled community.
(8) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
(9) Information on the state mental hospital system and the state
developmental center system.
(10) Techniques in conducting forensic investigations within
institutional settings where jurisdiction may be shared.
(11) Examples of abuse and exploitation perpetrated by caregivers,
staff, contractors, or administrators of state mental hospitals and
state developmental centers, and how to conduct investigations in
instances where a perpetrator may also be a caregiver or provider of
therapeutic or other services.
(c) The commission shall, in collaboration with relevant
stakeholders, study and submit a report to the Legislature, on or
before December 31, 2017, that assesses the status of the course
described in subdivision (a), assesses whether the course covers all
appropriate topics, and identifies areas where additional training
may be needed.
SEC. 2. Section 13519.2 of the Penal
Code is amended to read:
13519.2. (a) The commission shall, on or before July 1, 1990,
include in the basic training course for law enforcement officers,
adequate instruction in the handling of persons with developmental
disabilities or mental illness, or both. Officers who complete the
basic training prior to July 1, 1990, shall participate in
supplementary training on this topic. This supplementary training
shall be completed on or before July 1, 1992. Further training
courses to update this instruction shall be established, as deemed
necessary by the commission.
(b) The course of instruction relating to the handling of
developmentally disabled or mentally ill persons shall be developed
by the commission in consultation with appropriate groups and
individuals having an interest and expertise in this area. In
addition to providing instruction on the handling of these persons,
the course shall also include information on the cause and nature of
developmental disabilities and mental illness, as well as the
community resources available to serve these persons.
(c) The commission shall, in collaboration with relevant
stakeholders, study and submit a report to the Legislature, on or
before December 31, 2017, that assesses the status of the course
described in subdivision (a), assesses whether the course covers all
appropriate topics, and identifies areas where additional training
may be needed.
SECTION 1. It is the intent of the Legislature
to enact legislation to increase the continuing mental health
training standards for California peace officers.