Bill Text: CA AB1435 | 2019-2020 | Regular Session | Amended


Bill Title: The State Department of State Hospitals: investigations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-06-24 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1435 Detail]

Download: California-2019-AB1435-Amended.html

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 23, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1435


Introduced by Assembly Member Nazarian

February 22, 2019


An act to amend Section 4023.6 of add Section 4023.2 to the Welfare and Institutions Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1435, as amended, Nazarian. The Office of Law Enforcement Support: The State Department of State Hospitals: investigations.

Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. Existing law establishes the Office of Law Enforcement Support within the California Health and Human Services Agency for the purpose of improving and providing oversight of various law enforcement activities within the State Department of Developmental Services and the State Department of State Hospitals. Existing law requires the Office of Law Enforcement Support to investigate specified incidents at a developmental center or state hospital, including any incident that involves developmental center or state hospital law enforcement personnel and that meets certain criteria.

Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals, including the power to investigate suspected abuses in a hospital or institution for persons with mental health disorders.
This bill would require the office, department, prior to interviewing a person, person for purposes of an investigation, to inform the person as to the voluntary nature of the interview and of the fact that information from the interview can be used in criminal or administrative actions. The bill would also encourage the office, department, if it uses subject matter experts to assist an investigation, to also consult a panel of peers of the person being investigated to review the allegations and assist the office in evaluating those allegations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4023.2 is added to the Welfare and Institutions Code, to read:

4023.2.
 When conducting an investigation into an institution or staff providing treatment or care to patients, the State Department of State Hospitals shall meet the following standards:
(a) Any person contacted by the department pursuant to an investigation shall, prior to an interview, be informed as to the nature of the interview and the fact that information from the interview can be used in criminal or administrative actions.
(b) If the department uses subject matter experts to assist an investigation, the department should also consult a panel of peers of the person being investigated to review the allegations and assist the department in evaluating those allegations.

SECTION 1.Section 4023.6 of the Welfare and Institutions Code is amended to read:
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)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.

(2)If the office uses subject matter experts to assist an investigation, 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.

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