4023.6.
(a) The Office of Law Enforcement Support within the California Health and Human Services Agency shall investigate both of the following:(1) Any incident at a developmental center or state hospital that involves developmental center or state hospital law enforcement personnel and that meets the criteria in Section 4023 or 4427.5, or alleges serious misconduct by law enforcement personnel.
(2) Any incident at a developmental center or state hospital that the Chief of the Office of Law Enforcement Support, the Secretary of the California Health and Human Services Agency, or the Undersecretary of the California Health and Human
Services Agency directs the office to investigate.
(b) All incidents that meet the criteria of Section 4023 or 4427.5 shall be reported immediately to the Chief of the Office of Law Enforcement Support by the Chief of the facility’s Office of Protective Services.
(c) When conducting an investigation pursuant to subdivision (a), the Office of Law Enforcement Support shall meet the following standards:
(1)The investigation shall include a panel of peers of the person being investigated to review the allegations and assist the office in evaluating the allegations.
(2)
(1) Any person contacted by the office pursuant to an investigation shall, prior to an interview, be informed as to the voluntary nature of the interview and the fact that information from the interview can be used in criminal or administrative actions.
(3)
(2) If the office uses subject matter experts to assist an investigation, information provided by the subject matter experts shall be made available to the party being investigated before that party participates in any investigatory interview.
the office should also consult a panel of peers of the person being investigated to review the allegations and assist the office in evaluating those allegations.
(d) (1) Before adopting policies and procedures related to fulfilling the requirements of this section related to the Developmental Centers Division of the State Department of Developmental Services, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or their designee; the Executive Director of the Association of Regional Center Agencies, or their designee; and other advocates, including persons with developmental disabilities and their family members, on the unique characteristics of the persons residing in the developmental centers and the
training needs of the staff who will be assigned to this unit.
(2) Before adopting policies and procedures related to fulfilling the requirements of this section related to the State Department of State Hospitals, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or their designee, and other advocates, including persons with mental health disabilities, former state hospital residents, and their family members.