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AB-1435 The Office of Law Enforcement Support: investigations.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1435:v99#DOCUMENT


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 the Welfare and Institutions Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1435, as introduced, Nazarian. The Office of Law Enforcement Support: 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.
This bill would require the office, when conducting an investigation, to include a panel of peers of the person being investigated to review the allegations and assist the office in evaluating the allegations. The bill would additionally require the office, prior to interviewing a person, to inform the person as to the voluntary nature of the interview and the fact that information from the interview can be used in criminal or administrative actions. The bill would also require the office, if it uses subject matter experts to assist an investigation, to make information provided by the subject matter experts available to the party being investigated before that party participates in any investigatory interview.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4023.6 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) 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) 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) 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.

(c)

(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 his or her their designee; the Executive Director of the Association of Regional Center Agencies, or his or her 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 his or her their designee, and other advocates, including persons with mental health disabilities, former state hospital residents, and their family members.