HomeMy WebLinkAboutMINUTES - 06162015 - C.40RECOMMENDATION(S):
ADOPT a "Support" position on SB 11 (Beall), as amended: Peace officer Training: Mental Health, a bill that
requires the Commission on Peace Officer Standards and Training to include in its basic training course an
evidence-based behavioral health course training officers to recognize, deescalate, and refer persons with mental
illness or intellectual disability who are in crisis, as recommended by the Mental Health Commission.
FISCAL IMPACT:
According to the Senate Appropriations Committee:
POST impact: One-time costs for course development of $120,000 to $350,000 (Peace Officers' Training Fund).
Ongoing annual costs of $525,000 (Peace Officers' Training Fund), increasing in future years to reflect enrollment
growth.
Mandated law enforcement training: Potentially major state-reimbursable local costs in the low millions of dollars
annually to backfill for missed work hours for officers to attend the continuing education training. There are currently
482 cities and 58 counties in California employing about 77,000 sworn peace officers. To the extent local agency
expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/16/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 16, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 40
To:Board of Supervisors
From:David Twa, County Administrator
Date:June 16, 2015
Contra
Costa
County
Subject:SB 11 (Beall) Peace officer Training: Mental Health
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN SENATE APRIL 15, 2015
AMENDED IN SENATE MARCH 23, 2015
AMENDED IN SENATE FEBRUARY 26, 2015
SENATE BILL No. 11
Introduced by Senators Beall and Mitchell
(Coauthors: Senators Anderson, Galgiani, Hancock, Hertzberg,
Leno, Liu, Monning, and Stone)
(Coauthors: Assembly Members Chávez, Frazier, Low, and
Maienschein)
December 1, 2014
An act to add Sections 13515.26 and 13515.27 to the Penal Code,
relating to peace officer training standards.
legislative counsel’s digest
SB 11, as amended, Beall. Peace officer training: mental health.
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 include in its basic training course
adequate instruction in the handling of persons with developmental
disabilities or mental illness, or both. Existing law also requires POST
to establish and keep updated a continuing education classroom training
course relating to law enforcement interaction with developmentally
disabled and mentally ill persons.
This bill would require POST to include in its basic training course
a promising or evidence-based behavioral health classroom training
course and instructor-led active learning, such as scenario-based training,
95
to train law enforcement officers to recognize, deescalate, and refer
persons with mental illness or intellectual disability who are in crisis.
The bill would require that this promising or evidence-based behavioral
health classroom training course and instructor-led active learning take
place in the academy, be at least 20 hours long, and be in addition to
the current hour requirement leading to the basic certificate issued by
POST.
The bill would also require POST to establish and keep updated a
promising or evidence-based behavioral health continuing training
course that is equivalent in importance to the perishable skills training
provided by POST. The bill would require that this promising or
evidence-based behavioral health continuing training course be a
minimum of 4 consecutive hours. The bill would require each law
enforcement officer with a rank of supervisor or below and who is
assigned to patrol duties or to supervise officers who are assigned to
patrol duties to complete this course every 4 years.
By imposing additional training costs on local law enforcement
agencies, the 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 these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 13515.26 is added to the Penal Code, to
line 2 read:
line 3 13515.26. (a) The Commission on Peace Officer Standards
line 4 and Training shall establish and keep updated a promising or
line 5 evidence-based behavioral health classroom training course and
line 6 instructor-led active learning, such as scenario-based training,
line 7 relating to law enforcement interaction with persons with mental
line 8 illness as part of its basic training course for law enforcement
line 9 officers. This promising or evidence-based behavioral health
line 10 classroom training course and instructor-led active learning shall
95
— 2 —SB 11
line 1 train officers to recognize, deescalate, and refer persons with mental
line 2 illness or intellectual disability who are in crisis.
line 3 (b) This promising or evidence-based behavioral health
line 4 classroom training course and instructor-led active learning shall
line 5 address issues relating to stigma, shall be culturally relevant and
line 6 appropriate, and shall include all of the following topics:
line 7 (1) The cause and nature of mental illnesses and intellectual
line 8 disabilities.
line 9 (2) (A) How to identify indicators of mental illness, intellectual
line 10 disability, and substance use disorders.
line 11 (B) How to distinguish between mental illness, intellectual
line 12 disability, and substance use disorders.
line 13 (C) How to respond appropriately in a variety of situations
line 14 involving persons with mental illness, intellectual disability, and
line 15 substance use disorders.
line 16 (3) Conflict resolution and deescalation techniques for
line 17 potentially dangerous situations.
line 18 (4) Appropriate language usage when interacting with potentially
line 19 emotionally distressed persons.
line 20 (5) Community and state resources available to serve persons
line 21 with mental illness or intellectual disability, and how these
line 22 resources can be best utilized by law enforcement.
line 23 (6) The perspective of individuals and families with lived
line 24 experiences with persons with mental illness, intellectual disability,
line 25 and substance use disorders.
line 26 (c) This promising or evidence-based behavioral health
line 27 classroom training course and instructor-led active learning which
line 28 will take place in the academy shall be at least 20 hours long and
line 29 shall be in addition to the current hour requirement leading to the
line 30 basic certificate issued by the Commission on Peace Officer
line 31 Standards and Training.
line 32 SEC. 2. Section 13515.27 is added to the Penal Code, to read:
line 33 13515.27. (a) The Commission on Peace Officer Standards
line 34 and Training shall establish and keep updated a promising or
line 35 evidence-based behavioral health continuing training course
line 36 relating to law enforcement interaction with persons with mental
line 37 illness that is equivalent in its importance to the perishable skills
line 38 training provided by the Commission on Peace Officer Standards
line 39 and Training.
95
SB 11— 3 —
line 1 (b) This course shall be at least four consecutive hours and
line 2 address issues related to stigma, shall be culturally relevant and
line 3 appropriate, and shall include all of the following topics:
line 4 (1) The cause and nature of mental illness, intellectual disability,
line 5 and substance use disorders.
line 6 (2) (A) How to identify indicators of mental illness, intellectual
line 7 disability, and substance use disorders.
line 8 (B) How to distinguish between mental illness, intellectual
line 9 disability, and substance use disorders.
line 10 (C) How to respond appropriately in a variety of situations
line 11 involving persons with mental illness, intellectual disability, and
line 12 substance use disorders.
line 13 (3) Conflict resolution and deescalation techniques for
line 14 potentially dangerous situations.
line 15 (4) Appropriate language usage when interacting with potentially
line 16 emotionally distressed persons.
line 17 (5) Community and state resources available to serve persons
line 18 with mental illness or intellectual disability, and how these
line 19 resources can be best utilized by law enforcement.
line 20 (6) The perspective of individuals and families with lived
line 21 experiences with persons with mental illness, intellectual disability,
line 22 and substance use disorders.
line 23 (c) Each law enforcement officer with a rank of supervisor or
line 24 below and who is assigned to patrol duties or to supervise officers
line 25 who are assigned to patrol duties shall complete the course
line 26 described in subdivisions (a) and (b) every four years.
line 27 SEC. 3. If the Commission on State Mandates determines that
line 28 this act contains costs mandated by the state, reimbursement to
line 29 local agencies and school districts for those costs shall be made
line 30 pursuant to Part 7 (commencing with Section 17500) of Division
line 31 4 of Title 2 of the Government Code.
O
95
— 4 —SB 11
FISCAL IMPACT: (CONT'D)
those costs (General Fund). Costs to backfill for missed work hours for all officers with rank supervisor or below
are estimated to cost in the range of $10 million over a four-year period.
BACKGROUND:
A "Support" position for SB 11 was recommended by the Contra Costa County Mental Health Commission. The
Sheriff's Office did not offer comments on the bill.
Introduced: 12/01/2014
Last Amend: 06/01/2015
Disposition: Pending
Location: Assembly
Senate Bill (SB) 11 requires peace officers to participate in: (1) a 20-hour evidence-based behavioral health
classroom training course, as specified, in addition to the basic training course’s current hour requirement; and, (2)
a four hour evidence-based behavioral health training course, as specified, as part of the total hours required for
perishable skills training.
ANALYSIS:
Existing law:
1) Requires every undersheriff or deputy sheriff of a county, any police officer of a city, and any police officer of
a district authorized by statute to maintain a police department, and is responsible for the prevention and detection
of crime and the general enforcement of the criminal laws of this state, to obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training (POST) within 18 months of his or her employment in
order to continue to exercise the powers of a peace officer after the expiration of the 18- month period. (Penal
Code § 832.4(a).)
2) Requires every peace officer listed in subdivision (a) of Penal Code Section 830.1, as specified, to obtain the
basic certificate issued by POST upon completion of probation, but in no case later than 24 months after his or
her employment, in order to continue to exercise the powers of a peace officer after the expiration of the 24-month
period. (Penal Code § 832.4 (b).)
3) Requires, with limited exceptions:
Every peace officer listed in Penal Code Section 830.1(a) to obtain the POST basic certificate in order to
continue to exercise peace officer powers.
Pursuant to Penal Code Section 832.4(c), as a condition of continued employment, each police chief, or any
other person in charge of a local law enforcement agency, who is appointed on or after January 1, 1999, to
possess the POST basic certificate within two years of appointment.
Every peace officer appointed by a department participating in the POST Program must possess the
appropriate basic certificate.
(11 C.C.R. 1011 (2015).)
4) Requires applicants for the award of a basic certificate to:
Be employed as a full-time peace officer by a POST-participating department.
Completed the Regular Basic Course, which is the entry-level training requirement for many California
peace officers, as specified in POST Regulation 1005. There are 39 POST-certified basic training
academies in California. The Standard Format of the Regular Basic Course is delivered in a one-part
instructional sequence with a minimum requirement of 664 hours.
(https://post.ca.gov/regular-basic-course.aspx.)
Complete the current employing department’s probationary period of not less than 12 months.
(11 C.C.R. 1011 (2015).)
5) Requires POST to 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. The course of instruction relating to
the handling of developmentally disabled or mentally ill persons must be developed by POST 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 must 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.
(Penal Code § 13519.2)
6) Requires POST to establish and keep updated a continuing education classroom training course relating to law
enforcement interaction with mentally disabled persons. The training course is required to be developed 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.
POST is required to make the course available to law enforcement agencies in California. This course must consist
of classroom instruction and utilize interactive training methods to ensure that the training is as realistic as
possible. The course must include, at a minimum, core instruction in the following: (a) the cause and nature of
mental illnesses and developmental disabilities; (b) how to identify indicators of mental disability and how to
respond appropriately in a variety of common situations; (c) conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally disabled persons; (d) appropriate language usage when
interacting with mentally disabled persons; (e) alternatives to lethal force when interacting with potentially
dangerous mentally disabled persons; (f) community and state resources available to serve mentally disabled
persons and how these resources can be best utilized by law enforcement to benefit the mentally disabled
community; and, (g) the fact that a crime committed in whole or in part because of an actual or perceived
disability of the victim is a hate. (Penal Code § 13515.25.)
7) Requires all peace officers (except reserve officers) below the middle management position and assigned to
patrol, traffic, or investigation who routinely effect the physical arrest of criminal suspects are required to
complete Perishable Skills and Communications training. In-lieu of completing the training, the requirement may
be met by successfully passing a presenter-developed test that measures the approved training objectives.
Perishable skills training consists of a minimum of 12 hours in each two-year period. Of the total 12 hours
required, a minimum of four hours of each of the three following topical areas must be completed: (a) Arrest and
Control; (b) Driver Training/Awareness or Driving Simulator; and, (c) Tactical Firearms or Force Options
Simulator. (11 C.C.R. 1005 (2015).)
This bill:
1) Requires POST to include in its basic training course a promising or evidencebased behavioral health classroom
training course to train law enforcement officers to recognize, deescalate, and refer persons with mental illness or
intellectual disability who are in crisis. Requires that this evidence-based behavioral health classroom training
course be 20 hours long and be in addition to the basic training course’s current hour requirement.
2) Requires POST to establish and keep updated an evidence-based behavioral health continuing training course.
3) Requires that this evidence-based behavioral health training course be a minimum of four consecutive hours
every four years.
Background
Currently, law enforcement officers receive six hours of POST approved training on how to interact with persons
with mental illnesses and developmental disabilities during their Regular Basic Training course, as required by
Penal Code Section 13519.2. While there is no mandatory continuing education requirement, POST offers a
variety of courses relating to mental health. According to information provided by POST, there are currently 38
mental health certified courses available to California law enforcement. These courses range from four to 40
hours. This bill increases the amount of behavioral health training that officers receive during regular basic
training and mandates four consecutive hours of behavioral health training every four years.
ARGUMENTS IN SUPPORT:
According to County Behavioral Health Directors Association:
There is a growing recognition among law enforcement nationwide of the need for more behavioral health
training for officers. The existing California Peace Officer Standards and Training (POST) curriculum includes
only 6 hours of mental health training out of a total of 664 hours of mandated training for peace officers, which is
clearly not sufficient. SB 11 would require POST to include in its basic training course an evidence-based
behavioral health classroom training course to train law enforcement officers to recognize, deescalate, and refer
persons with mental illness or intellectual disability who are in crisis. The bill would require that this
evidence-based behavioral health classroom training course be 20 hours long and be in addition to the basic
training course’s current hour requirement. The bill would also require POST to establish an evidence-based
behavioral health training course as part of its perishable skills training under its continuing professional
education requirement.
ARGUMENTS IN OPPOSITION:
According to the California State Sheriffs’ Association:
On behalf of the California State Sheriffs’ Association (CSSA), we must respectfully oppose Senate Bill 11,
which would mandate increased training for law enforcement officers on mental health issues.
To be clear, CSSA recognizes the importance of appropriate training of law enforcement officers. We also
acknowledge that mental health issues have grown in significance in recent years. California peace officers are
among the best trained in the nation because of the rigorous and comprehensive education and training regimen
overseen by the Commission on Peace Officer Standards and Training (POST). Proper training prepares officers
for the daily dangers of their jobs, builds trust with the community members protected by law enforcement, and
provides appropriate standards for peace officer behavior.
Currently, significant training on mental health issues is required of prospective and employed peace officers. The
basic POST academy includes mandatory training on mental health issues and includes a scenario-based test that
must be passed in order to graduate from an academy. Additionally, law enforcement agencies around the state
offer ongoing POST-certified crisis intervention training on mental health and require their officers to complete
additional mental health training in addition to the state-mandated minimums.
SB 11 would require 20 additional hours of training as part of basic peace officer education and four additional
hours of perishable skills training on mental health issues. While CSSA does not necessarily oppose alterations to
training requirements, this bill simply adds a time-based requirement without the benefit of knowing where gaps
and deficiencies in existing training mandates may exist. More training for the sake of more training may not be
beneficial and may come at the expense of other, more necessary training.
POST, in conjunction with law enforcement, is in the process of examining mental health training courses and
requirements to ascertain if there are issues that need to be addressed. Although we appreciate the desire to
improve interactions between law enforcement and persons with mental health issues, SB 11 represents a
premature, unfunded mandate that offers no guarantee of providing the appropriate training to the right officers.
SUPPORT:
United Domestic Workers of America (source)
American Association for Marriage and Family Therapy, California Division
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
Association for Los Angeles Deputy Sheriffs
Association of Regional Center Agencies
California Association of Code Enforcement Officers
California Association of Highway Patrolmen
California Attorneys for Criminal Justice
California Child Care Health Program
California Coalition for Mental Health
California College and University Police Chiefs Association
California Correctional Supervisors Organization
California Council of Community Mental Health Agencies
California Crisis Intervention Training Association
California Long-Term Care Ombudsman Association
California Medical Association
California Narcotics Officers Association
California Public Defenders Association
California State Lodge, Fraternal Order of Police
City of San Jose
County Behavioral Health Directors Association
County of Santa Clara
Disability Action Coalition
Disability Rights California
Donald Rocha, San Jose City Councilmember
Jeffrey F. Rosen, District Attorney of Santa Clara County
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Mental Health America of California
National Alliance on Mental Illness
National Association of Social Workers
North Los Angeles County Regional Center
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs’ Association
Santa Ana Police Officers Association
Steinberg Institute
The Arc and United Cerebral Palsy California Collaboration
OPPOSITION:
California State Sheriffs’ Association
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County would not have a position on the bill.
ATTACHMENTS
Attachment A - Bill Text