SB 663 would:

• Require the Commission on Peace Officer Standards and Training, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and make available a training course regarding the investigation of crimes against or involving individuals with developmental disabilities, intellectual disabilities, cognitive impairments, and communication impairments, as specified.

• Require the continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center to be integrated and coordinated with the training course developed pursuant to the bill provision.

• Express the intent of the Legislature in enacting the provision developing the new course, to encourage the establishment of crime investigation units in law enforcement agencies throughout the state, specializing in investigating crimes against or involving individuals with developmental disabilities, intellectual disabilities, cognitive impairments, and communication impairments, including, but not limited to, investigating crimes involving the sexual exploitation and sexual abuse of developmentally disabled children and adults.

SB 663 imposes a one-time cost in excess of $100,000 (funded through the Peace Officers' Training Fund) to develop the required curriculum.  The required update of the course at some future date, the date of which to be determined by staff, would normally be considered a usual operating expense.  In previous years, the practice of the Commission has been to accept costs related to legislative mandates as absorbable to POST.  The Commission may wish to assess this practice in determining a position to take on this bill. 

The Commission is aware that POST has had to take action to reduce its operating costs.  The approach recommended by staff was approved by the Commission at its October 2013 meeting.  The anticipated reduction was approved by the Department of Finance and is reflected in the Governor's Budget which shows a $6.6 million expenditure reduction in POST's budget for Fiscal Year 2014-15.  This is driven by declining revenue to the Peace Officers' Training Fund.  This initiation of the cost-savings measures to conserve revenue will directly impact agencies as POST reduces training reimbursements, services and resources provided to law enforcement. 

Although not a Commission issue, SB 663 effectively amends Penal Code section 13515.30 by incorporating the new training to be developed by POST (by adding Penal Code section 13519.06), which will increase the existing unfunded legislative mandate for local agencies affected by the provision of the statute.

Senate Bill 663 expresses legislative intent for law enforcement agencies to develop specialized investigative units to address the needs of individuals described in the bill.  This may result in significant future costs to the General Fund to the extent state law enforcement agencies (e.g., CHP and DOJ,) establish specialized crime investigation units as described in the bill, however, it avoids creating a specific unfunded legislative mandate for local agencies that create such specialized investigative units. 

Although the author has agreed to make changes to SB 663 suggested by staff, there are sufficient issues remaining that should be examined by the Commission in making the decision to take a position on the bill.  For this reason, staff does not offer the Commission an opinion for a position.