Bill Text: CA SB110 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: People with disabilities: victims of crime.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 617, Statutes of 2010. [SB110 Detail]

Download: California-2009-SB110-Amended.html

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BILL NUMBER: SB 110	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 26, 2010
	AMENDED IN SENATE  JANUARY 4, 2010
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  MARCH 25, 2009

INTRODUCED BY   Senator Liu
   (Coauthor: Senator Hollingsworth)
   (Coauthor: Assembly Member Cook)

                        JANUARY 28, 2009

   An act to amend Sections 11163.6, 11174.5, 11174.7, 13519.64,
13823.16, 13836, 13836.1, and 14213 of, to amend the heading of
Article 2.7 (commencing with Section 11174.4) of Chapter 2 of Title 1
of Part 4 of, to add  Sections 368.5 and  
Section  13519.65 to, and to add a heading as Chapter 13
(commencing with Section 368) to Title 9 of Part 1 of, the Penal
Code, and to amend Sections 4427, 4427.5, and 15763 of the Welfare
and Institutions Code, relating to people with disabilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, as amended, Liu. People with disabilities: victims of
crime.
   Existing law regulates the investigation and prosecution of crimes
against a dependent adult, which is defined to include a person who
is between 18 and 64 years of age, inclusive, and who has a physical
or mental limitation which restricts his or her ability, or
substantially restricts his or her ability, to carry out normal
activities or to protect his or her rights, including, but not
limited to, a person who has a physical or developmental disability
or whose physical or mental abilities have diminished, or
significantly diminished, because of age. Under existing law, the
term also includes any person between 18 and 64 years of age,
inclusive, who is admitted as an inpatient to certain 24-hour health
facilities. 
   This bill would require the Department of Justice to send a
bulletin to law enforcement agencies and district attorneys
describing the laws relating to the protection of persons with
disabilities, as specified. 
   Existing law authorizes any county to establish an interagency
elder death team to assist local agencies in identifying and
reviewing suspicious elder deaths and facilitating communications
among persons who perform autopsies and persons involved in the
investigation or reporting of elder abuse or neglect. Existing law
establishes procedures for the sharing or disclosure of information
by elder death review teams.
   This bill would rename these teams "elder and dependent adult
death review teams" and would expand the authority of these teams to
cover dependent adult death abuse, and neglect, as specified.
   Existing law provides for the training of peace officers.
   This bill would authorize  and strongly encourage
 every local law enforcement agency that participates in the
Peace Officer Standards and Training program to provide training to
its peace officers using a specified telecourse relating to crime
victims with disabilities  if   each time 
that telecourse is updated, as specified.
   Existing law regulates the procedures and practices of long-term
care ombudsman programs, adult protective services agencies, as well
as certain state agencies, relative to the protection, investigation,
and reporting of suspected crimes involving persons with
disabilities, as specified.
   This bill would require the State Department of Developmental
Services to either immediately report a case of suspected abuse or
neglect of a person held in custody as developmentally disabled to
local law enforcement, or ascertain the facts and then report
confirmed cases of abuse to the local law enforcement agency, as
specified.
   Existing law provides for the creation of an advisory committee
responsible for developing a course of training for district
attorneys in the investigation and prosecution of sexual assault
cases, child sexual exploitation cases, and child sexual abuse cases.
Existing law requires that the courses shall include training in the
unique emotional trauma experienced by victims of these crimes.
Existing law requires that the committee shall exist of 11 members of
which 6 shall be public members appointed by the Commission on the
Status of Women, as specified.
   This bill would additionally require the courses to include
training in the special problems of investigating and prosecuting
these crimes when committed against individuals with disabilities.
The bill would require that one of the appointees of the Commission
on the Status of Women be an expert on crimes against persons with
disabilities, appointed as specified.
   Existing law requires the Attorney General to establish and
maintain the Violent Crime Information Center to assist in the
identification and the apprehension of persons responsible for
specific violent crimes and the disappearance and exploitation of
persons, particularly children and dependent adults. Within these
provisions, the term "evidence that the person is at risk" includes,
for purposes of missing persons, among other things, evidence or
indications that a person is mentally impaired.
   This bill would instead include, within the term "evidence that
the person is at risk," evidence that the person missing has a mental
or physical disability.
   Existing law provides that each county shall establish an
emergency response adult protective services program that shall
provide in-person response, 24 hours per day, 7 days per week, to
reports of abuse of an elder or dependent adult, as specified.
   This bill would make technical changes to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the Crime
Victims with Disabilities Act of 2010. 
  SEC. 2.    The Legislature finds and declares as
follows:
   (a) A large body of research indicates that people with mental and
physical disabilities in California and throughout the United States
are victimized by violent crime and major property crime at much
higher rates than the general population.
   (b) At least 13,500 American adults with disabilities are victims
of criminal violence every day--562 every hour. At least 410 children
with disabilities are victimized every day--17 every hour.
   (c) People with disabilities who are abused experience both more
prolonged and more severe abuse on the average than other crime
victims. Evidence suggests that the harmful effects may be more
serious and chronic for victims with disabilities.
   (d) California and national research has found particularly
disturbing indications, including:
   (1) Californians with developmental disabilities are victimized 4
to 10 times more frequently than the general population, and they are
at a higher risk of revictimization.
   (2) The rate of victimization of Californians with severe and
persistent mental illness is 1,970 percent that of the general
population. The rate of victimization for those diagnosed with both
mental illness and substance abuse is 6,300 percent of that of the
general population.
   (3) Of Californians with developmental disabilities, about 8 in 10
women and 4 in 10 men have been sexually abused. About 4 in 10 women
and 2 in 10 men have been sexually abused at least 10 times.
   (4) More than 8,000 California children with disabilities were
reported by Child Protective Services to be victims of maltreatment
in 2005--about one per hour.
   (5) Mentally ill prison and jail inmates face a significantly
higher risk of being the victims of violence, particularly sexual
abuse, than other inmates.
   (6) People often become homeless because of disabilities, and
those who were able when they were housed typically become disabled
due to their homelessness. Homeless Californians are much more likely
than the housed population to become crime victims -- more than 6
out of 10 are victimized every year, 2 out of 10 at least five times
in one year. Their disabilities increase the likelihood of
victimization still further. The lifetime risk of victimization for
seriously mentally ill, episodically homeless women is 97 percent.
   (7) People with disabilities, both those who live at home and
those who live in institutions, are often victims of domestic and
family violence and other crimes by caregivers.
   (8) Elders and children with disabilities are particularly at risk
of becoming victims of abuse, neglect, and other major crimes.
   (e) Research indicates that criminals select people with
disabilities as their victims because of two major categories of
motivations, as follows:
   (1) Hostility toward those who arouse guilt, fear of those whose
visible traits are perceived as disturbing to others, a perception
that people with disabilities are inferior and therefore "deserving
victims," and resentment of those who require and increasingly demand
alternative physical and social accommodations.
   (2) Belief that people with disabilities are especially
vulnerable, a belief that is often well founded.
   (f) It is the intent of the Legislature to clarify and enforce
existing laws and make California the national leader in humane
treatment of people with disabilities.
   (g) People with disabilities are especially vulnerable to crime
and become victims at rates many times higher than the general
population. A large majority of these crimes are never reported to
law enforcement. In addition, the law previously did not make it
clear that abuse is a crime. As a result, many law enforcement
officers, prosecutors, and other citizens are unaware of this
invisible epidemic.
   (h) Crimes against victims with disabilities occur in the
jurisdiction of every law enforcement agency and every district
attorney's office. Every law enforcement officer encounters persons
with disabilities who may be particularly vulnerable to crime and who
have a disproportionately high likelihood of becoming victims.
   (i) Persons with disabilities in specific population groups,
including all of the following, often become victims of serious
crime, frequently including domestic violence and sexual assault:
   (1) Children.
   (2) Elders.
   (3) Homeless persons.
   (4) Inmates of prisons, jails, and other incarceration facilities.

   (5) Residents of public and private treatment and care facilities
of all kinds.
   (j) Many crimes against victims with disabilities are motivated in
whole or in part by preexisting negative attitudes toward the
victims' disabilities, including hostility to persons who arouse
guilt, fear of or revulsion to persons whose visible traits are
disturbing to others, a perception that persons with disabilities are
inferior or deserving of victimization, belief that persons with
particular disabilities are weak and therefore easy targets, and
resentment of those who need and increasingly demand alternative
physical and social accommodations. Law enforcement agencies must
investigate these crimes as hate crimes and report them to the
Department of Justice as Section 13023 of the Penal Code requires.
   (k) Preventing, recognizing, and responding to crimes against
victims with disabilities often require special training, which all
officers should receive. Investigating and successfully prosecuting
these crimes often require more advanced training, which some
officers in every agency should receive. 
   SEC. 3.   SEC. 2.   The heading of
Chapter 13 (commencing with Section 368) is added to Title 9 of Part
1 of the Penal Code, immediately preceding Section 368, to read:
      CHAPTER 13.  CRIMES AGAINST ELDERS, DEPENDENT ADULTS, AND
PERSONS WITH DISABILITIES


  SEC. 4.    Section 368.5 is added to the Penal
Code, to read:
   368.5.  By February 1, 2010, the Department of Justice shall
electronically send a bulletin to the executive of each state and
local law enforcement agency and to each district attorney. The
content of the bulletin shall include, but not be limited to, each of
the following sections, entitled and described as follows:
   (a) "New Law: Importance and Urgency." This section shall include
a statement of the importance and urgency that the law now places on
arresting and convicting criminals who commit crimes against victims
with disabilities and on assisting their victims, as demonstrated by
enactment of the Crime Victims with Disabilities Act of 2009.
   (b) "An Invisible Epidemic." This section shall quote the findings
of subdivisions (g) to (k), inclusive, of Section 2 of the Crime
Victims with Disabilities Act of 2009.
   (c) "Requirements and Recommendations." This section shall include
the following requirements for law enforcement agencies and district
attorneys:
   (1) The requirement that state law enforcement agencies provide
training to their peace officers using the telecourse "Crime Victims
with Disabilities" pursuant to subdivision (a) of Section 13519.65.
   (2) The requirement that every city police officer or deputy
sheriff at a supervisory level and below who is assigned field or
investigative duties shall complete an elder and dependent adult
abuse training course certified by the Commission on Peace Officer
Standards and Training within 18 months of assignment to field
duties, pursuant to Section 13515.
   (3) The requirement that law enforcement agencies cross-report
abuse and neglect of elders and dependent adults to adult protective
services agencies, local long-term care ombudsman programs, and state
agencies, pursuant to Section 15650 of the Welfare and Institutions
Code.
   (4) The requirement that local law enforcement agencies provide
the telecourse "Law Enforcement Response to Homelessness Update" to
their officers, and the strong encouragement that local law
enforcement agencies provide this training in conjunction with
homeless and formerly homeless persons, local agencies, and
organizations that serve homeless and formerly homeless people,
including homeless persons with disabilities, and invite those local
organizations to attend the training sessions and discuss the problem
of crime against homeless victims and law enforcement response to
homelessness with the agency's officers, pursuant to paragraph (2) of
subdivision (b) of Section 13519.64.
   (d) The training section of the bulletin also shall list relevant
training materials produced or certified by the Commission on Peace
Officer Standards and Training, including materials produced pursuant
to Sections 13515, 13515.25, 13519.2, 13519.4. 13519.6, and
13519.64, and by the Bureau of Medi-Cal Fraud and Elder Abuse.

   SEC. 5.   SEC. 3.   Section 11163.6 of
the Penal Code is amended to read:
   11163.6.  In order to ensure consistent and uniform results, data
may be collected and summarized by the domestic violence death review
teams to show the statistical occurrence of domestic violence deaths
in the team's county that occur under the following circumstances:
   (a) The deceased was a victim of a homicide committed by a current
or former spouse, fiance, or dating partner.
   (b) The deceased was the victim of a suicide, was the current or
former spouse, fiance, or dating partner of the perpetrator and was
also the victim of previous acts of domestic violence.
   (c) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a suicide.
   (d) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a homicide related to the domestic homicide
incident.
   (e) The deceased was a child of either the homicide victim or the
perpetrator, or both.
   (f) The deceased was a current or former spouse, fiance, or dating
partner of the current or former spouse, fiance, or dating partner
of the perpetrator.
   (g) The deceased was a law enforcement officer, emergency medical
personnel, or other agency responding to a domestic violence
incident.
   (h) The deceased was a family member, other than identified above,
of the perpetrator.
   (i) The deceased was the perpetrator of the homicide of a family
member, other than identified above.
   (j) The deceased had a disability and the homicide was related to
domestic violence.
   (k) The deceased was a person not included in the above categories
and the homicide was related to domestic violence.
   SEC. 6.   SEC. 4.   The heading of
Article 2.7 (commencing with Section 11174.4) of Chapter 2 of Title 1
of Part 4 of the Penal Code is amended to read:

      Article 2.7.  Elder and Dependent Adult Death Review Teams


   SEC. 7.   SEC. 5.   Section 11174.5 of
the Penal Code is amended to read:
   11174.5.  (a) Each county may establish an interagency elder and
dependent adult death team to assist local agencies in identifying
and reviewing suspicious elder and dependent adult deaths and
facilitating communication among persons who perform autopsies and
the various persons and agencies involved in elder and dependent
adult abuse or neglect cases.
   (b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on elders and dependent
adults to assist coroners and other persons who perform autopsies in
the identification of elder and dependent adult abuse or neglect, in
the determination of whether elder or dependent adult abuse or
neglect contributed to death or whether elder or dependent adult
abuse or neglect had occurred prior to, but was not the actual cause
of, death, and in the proper written reporting procedures for elder
and dependent adult abuse or neglect, including the designation of
the cause and mode of death.
   SEC. 8.   SEC. 6.   Section 11174.7 of
the Penal Code is amended to read:
   11174.7.  (a) An oral or written communication or a document
shared within or produced by an elder and dependent adult death
review team related to an elder or dependent adult death review is
confidential and not subject to disclosure or discoverable by another
third party.
   (b) An oral or written communication or a document provided by a
third party to an elder and dependent adult death review team, or
between a third party and an elder and dependent adult death review
team, is confidential and not subject to disclosure or discoverable
by a third party.
   (c) Notwithstanding subdivisions (a) and (b), recommendations of
an elder and dependent adult death review team upon the completion of
a review may be disclosed at the discretion of a majority of the
members of the elder and dependent adult death review team.
   SEC. 9.   SEC. 7.   Section 13519.64 of
the Penal Code is amended to read:
   13519.64.  (a) The Legislature finds and declares that research,
including "Special Report to the Legislature on Senate Resolution 18:
Crimes Committed Against Homeless Persons" by the Department of
Justice (2002); "Crimes Against Homeless Persons" and "Crimes Against
Persons with Disabilities" in "Protecting Californians from Hate
Crimes: A Progress Report" by the Senate Office of Research (2004);
"Voices from the Street: A Survey of Homeless Youth by Their Peers"
by the California Research Bureau (2008); and "Hate, Violence, and
Death On Main Street USA: A Report on Hate Crimes and Violence
Against People Experiencing Homelessness 2007" by the National
Coalition for the Homeless and the National Law Center on
Homelessness and Poverty (2008), has demonstrated that California has
serious unaddressed problems of crime against homeless persons,
including homeless persons with disabilities and homeless youth.
   (b) (1) By July 1, 2005, the Commission on Peace Officer Standards
and Training (POST), using available funding, shall develop a
two-hour telecourse to be made available to law enforcement agencies
that participate in and comply with the POST program in California on
crimes against homeless persons and on how to deal effectively and
humanely with homeless persons, including homeless persons with
disabilities. The telecourse shall include information on
multimission criminal extremism, as defined in Section 13519.6. In
developing the telecourse, the commission shall consult
subject-matter experts including, but not limited to, homeless and
formerly homeless persons in California, service providers and
advocates for homeless persons in California, experts on the
disabilities that homeless persons commonly suffer, the California
Council of Churches, the National Coalition for the Homeless, the
Senate Office of Research, and the Criminal Justice Statistics Center
of the Department of Justice.
   (2) Every local law enforcement agency that participates in and
 complies with the POST program, to the extent that this
requirement does not create a state-mandated local program cost,
shall provide the telecourse, "Law Enforcement Response to 
 complies with the POST program may provide the telecourse, "Law
Enforcement Response to  Homelessness Update," to its peace
officers.
   SEC. 10.   SEC. 8.   Section 13519.65 is
added to the Penal Code, to read:
   13519.65.  (a) Every state law enforcement agency that
participates in and complies with the POST program  shall
  may provide training to its peace officers using
the telecourse "Crime Victims with Disabilities," produced by the
Commission on Peace Officer Standards and Training and the Department
of Justice  . This requirement shall take effect if
 , each time that  the commission, the department,
or both the commission and the department update the telecourse to
reflect changes in law, standards, and information since they
produced the telecourse in 2002.
   (b) Every local law enforcement agency that participates in and
complies with the POST program may provide training to its officers
using the telecourse "Crime Victims with Disabilities,"  and
the Legislature strongly encourages each local law enforcement agency
to do so  if the commission, the department, or both the
commission and the department update the telecourse.
   SEC. 11.   SEC. 9.   Section 13823.16 of
the Penal Code is amended to read:
   13823.16.  (a) The Comprehensive Statewide Domestic Violence
Program established pursuant to Section 13823.15 shall be
collaboratively administered by the California Emergency Management
Agency (Cal EMA) and an advisory council. The membership of the (Cal
EMA) Domestic Violence Advisory Council shall consist of experts in
the provision of either direct or intervention services to victims of
domestic violence and their children, within the scope and intention
of the Comprehensive Statewide Domestic Violence Assistance Program.

   (b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bisexual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers from
organizations such as the California Partnership to End Domestic
Violence. It is the intent of the Legislature that the council
membership reflect the ethnic, racial, cultural, and geographic
diversity of the state, including people with disabilities. The
council shall be composed of no more than 13 voting members and two
nonvoting ex officio members who shall be appointed, as follows:
   (1) Seven voting members shall be appointed by the Governor.
   (2) Three voting members shall be appointed by the Speaker of the
Assembly.
   (3) Three voting members shall be appointed by the Senate
Committee on Rules.
   (4) Two nonvoting ex officio members shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with the council and
participate in its activities to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature.
   (c) The Cal EMA shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
   SEC. 12.   SEC. 10.   Section 13836 of
the Penal Code is amended to read:
   13836.   (a)    The agency or
agencies designated by the Director of Finance pursuant to Section
13820 shall establish an advisory committee which shall develop a
course of training for district attorneys in the investigation and
prosecution of sexual assault cases, child sexual exploitation cases,
and child sexual abuse cases and shall approve grants awarded
pursuant to Section 13837. The courses shall include training in the
unique emotional trauma experienced by victims of these crimes and
the special problems of investigating and prosecuting these crimes
when committed against individuals with disabilities. 
   (b) It is the intent of the Legislature in the enactment of this
chapter to encourage the establishment of sex crime prosecution
units, which shall include, but not be limited to, child sexual
exploitation and child sexual abuse cases, in district attorneys'
offices throughout the state. 
   SEC. 13.   SEC. 11.   Section 13836.1 of
the Penal Code is amended to read:
   13836.1.  (a) The committee shall consist of 11 members. Five
shall be appointed by the executive director of the agency or
agencies designated by the Director of Finance pursuant to Section
13820, and shall include three district attorneys or assistant or
deputy district attorneys, one representative of a city police
department or a sheriff or a representative of a sheriff's
department, and one public defender or assistant or deputy public
defender of a county. Six shall be public members appointed by the
Commission on the Status of Women, and shall include one
representative of a rape crisis center, one expert on crimes against
persons with disabilities, and one medical professional experienced
in dealing with sexual assault trauma victims. The committee members
shall represent the points of view of diverse ethnic and language
groups.
   (b) The requirement that the Commission on the Status of Women
appoint an expert on crimes against victims with disabilities shall
take effect upon the occurrence of the first vacancy for a member
appointed by the commission, other than the member who represents a
rape crisis center or the member who is a medical professional, on or
after January 1, 2011.
   (c) Members of the committee shall receive no compensation for
their services but shall be reimbursed for their expenses actually
and necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.
   SEC. 14.   SEC. 12.   Section 14213 of
the Penal Code is amended to read:
   14213.  (a) As used in this title, "missing person" includes, but
is not limited to, a child who has been taken, detained, concealed,
enticed away, or retained by a parent in violation of Chapter 4
(commencing with Section 277) of Title 9 of Part 1. It also includes
any child who is missing voluntarily or involuntarily, or under
circumstances not conforming to his or her ordinary habits or
behavior and who may be in need of assistance.
   (b) As used in this title, "evidence that the person is at risk"
includes, but is not limited to, evidence or indications of any of
the following:
   (1) The person missing is the victim of a crime or foul play.
   (2) The person missing is in need of medical attention.
   (3) The person missing has no pattern of running away or
disappearing.
   (4) The person missing may be the victim of parental abduction.
   (5) The person missing has a mental or physical disability.
   (c) As used in this title, "child" is any person under the age of
18.
   (d) As used in this title, "center" means the Violent Crime
Information Center.
   (e) As used in this title, "dependent adult" is any person
described in subdivision (h) of Section 368.
   (f) As used in this title, "dental or medical records or X-rays,"
include all those records or X-rays which are in the possession of a
dentist, physician and surgeon, or medical facility.
   SEC. 15.   SEC. 13.   Section 4427 of
the Welfare and Institutions Code is amended to read:
   4427.  (a) When the department has reason to believe that any
person held in custody as developmentally disabled is wrongfully
deprived of his or her liberty, is cruelly or negligently treated,
that inadequate provision is made for the skillful medical care,
proper supervision, and safekeeping of that person, or is otherwise
the victim of a crime, the department shall do either of the
following:
   (1) Report the case immediately to the local police department or
sheriff's office that has jurisdiction.
   (2) Ascertain the facts. It may issue compulsory process for the
attendance of witnesses and the production of papers, and may
exercise the powers conferred upon a referee in a superior court. It
may make such orders for the care and treatment of that person as it
deems proper. If the department ascertains that the person is the
victim of a crime, the department shall report the case immediately
to the local law enforcement agency that has jurisdiction.
   (b) Whenever the department undertakes an investigation into the
general management and administration of any establishment or place
of detention for the developmentally disabled, it may give notice of
such investigation to the Attorney General, who shall appear
personally or by deputy, to examine witnesses in attendance and to
assist the department in the exercise of the powers conferred upon it
in this code.
   (c) The department may at any time cause the patients of any
county or city almshouse to be visited and examined, in order to
ascertain if developmentally disabled persons are kept therein.
   SEC. 16.   SEC. 14.   Section 4427.5 of
the Welfare and Institutions Code is amended to read:
   4427.5.  (a) (1) A developmental center shall immediately report
all resident deaths and serious injuries of unknown origin to the
appropriate local law enforcement agency, which may, at its
discretion, conduct an independent investigation.
   (2) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters.
   (b) The department shall do both of the following:
   (1) Annually provide written information to every developmental
center employee regarding all of the following:
   (A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
   (B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.

          (C) The penalties for failure to report suspected or known
abuse.
   (D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
   (2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
   SEC. 17.   SEC. 15.   Section 15763 of
the Welfare and Institutions Code is amended to read:
   15763.  (a) Each county shall establish an emergency response
adult protective services program that shall provide in-person
response, 24 hours per day, seven days per week, to reports of abuse
of an elder or a dependent adult, for the purpose of providing
immediate intake or intervention, or both, to new reports involving
immediate life threats and to crises in existing cases. The program
shall include policies and procedures to accomplish all of the
following:
   (1) Provision of case management services that include
investigation of the protection issues, assessment of the person's
concerns, needs, strengths, problems, and limitations, stabilization
and linking with community services, and development of a service
plan to alleviate identified problems utilizing counseling,
monitoring, followup, and reassessment.
   (2) Provisions for emergency shelter or in-home protection to
guarantee a safe place for the elder or dependent adult to stay until
the dangers at home can be resolved.
   (3) Establishment of multidisciplinary teams to develop
interagency treatment strategies, to ensure maximum coordination with
existing community resources, to ensure maximum access on behalf of
elders and dependent adults, and to avoid duplication of efforts.
   (b) (1) A county shall respond immediately to any report of
imminent danger to an elder or dependent adult in other than a
long-term care facility, as defined in Section 9701 of the Welfare
and Institutions Code, or a residential facility, as defined in
Section 1502 of the Health and Safety Code. For reports involving
persons in a long-term care facility or a residential care facility,
the county shall report to the local long-term care ombudsman
program. Adult protective services staff shall consult, coordinate,
and support efforts of the ombudsman program to protect vulnerable
residents. Except as specified in paragraph (2), the county shall
respond to all other reports of danger to an elder or dependent adult
in other than a long-term care facility or residential care facility
within 10 calendar days or as soon as practicably possible.
   (2) An immediate or 10-day in-person response is not required when
the county, based upon an evaluation of risk, determines and
documents that the elder or dependent adult is not in imminent danger
and that an immediate or 10-day in-person response is not necessary
to protect the health or safety of the elder or dependent adult.
   (3) The State Department of Social Services, in consultation with
the County Welfare Directors Association, shall develop requirements
for implementation of paragraph (2), including, but not limited to,
guidelines for determining appropriate application of this section
and any applicable documentation requirements.
   (4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement the requirements developed pursuant to
paragraph (3) by means of all-county letters or similar instructions
prior to adopting regulations for that purpose. Thereafter, the
department shall adopt regulations in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (c) A county shall not be required to report or respond to a
report pursuant to subdivision (b) that involves danger to an elder
or dependent adult residing in any facility for the incarceration of
prisoners that is operated by or under contract to the Federal Bureau
of Prisons, the Department of Corrections and Rehabilitation, a
county sheriff's department, a county probation department, a city
police department, or any other law enforcement agency when the abuse
reportedly has occurred in that facility.
   (d) A county shall provide case management services to elders and
dependent adults who are determined to be in need of adult protective
services for the purpose of bringing about changes in the lives of
victims and to provide a safety net to enable victims to protect
themselves in the future. Case management services shall include the
following, to the extent services are appropriate for the individual:

   (1) Investigation of the protection issues, including, but not
limited to, social, medical, environmental, physical, emotional, and
developmental.
   (2) Assessment of the person's concerns and needs on whom the
report has been made and the concerns and needs of other members of
the family and household.
   (3) Analysis of problems and strengths.
   (4) Establishment of a service plan for each person on whom the
report has been made to alleviate the identified problems.
   (5) Client input and acceptance of proposed service plans.
   (6) Counseling for clients and significant others to alleviate the
identified problems and to implement the service plan.
   (7) Stabilizing and linking with community services.
   (8) Monitoring and followup.
   (9) Reassessments, as appropriate.
   (e) To the extent resources are available, each county shall
provide emergency shelter in the form of a safe haven or in-home
protection for victims. Shelter and care appropriate to the needs of
the victim shall be provided for frail and disabled victims who are
in need of assistance with activities of daily living.
   (f) Each county shall designate an adult protective services
agency to establish and maintain multidisciplinary teams including,
but not limited to, adult protective services, law enforcement,
probation departments, home health care agencies, hospitals, adult
protective services staff, the public guardian, private community
service agencies, public health agencies, and mental health agencies
for the purpose of providing interagency treatment strategies.
   (g) Each county shall provide tangible support services, to the
extent resources are available, which may include, but not be limited
to, emergency food, clothing, repair or replacement of essential
appliances, plumbing and electrical repair, blankets, linens, and
other household goods, advocacy with utility companies, and emergency
response units. 
  SEC. 18.    It is the intent of the Legislature
that nothing in this act creates any new substantial General Fund
costs. To that end, notwithstanding any provision of law to the
contrary, all of the following shall apply:
   (a) Nothing in this act requires a state agency to revise any
form, document, or other material if that revision would create a
General Fund cost that is more than minor and absorbable.
   (b) Nothing in this act requires a state or local agency to adopt
or revise a regulation.
   (c) Nothing in this act creates a new training requirement for any
state agency if that training requirement would create a General
Fund cost that is more than minor and absorbable.
   (d) Any provision of this act that requires a state agency to take
any action is contingent on the availability and appropriation of
adequate funds.  
  SEC. 19.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.