Bill Text: CA SB1522 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Developmental centers: reporting requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 666, Statutes of 2012. [SB1522 Detail]

Download: California-2011-SB1522-Amended.html

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BILL NUMBER: SB 1522	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to amend  Section 13901 of the Government Code,
relating to state claims.   Section 4427.5 of the
Welfare and Institutions Code, relating to developmental services.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1522, as amended, Leno.  The California Victims
Compensation and Government Claims Board.  
Developmental centers: reporting requirements.  
   Existing law vests in the State Department of Developmental
Services jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
persons with developmental disabilities. Existing law requires a
developmental center to immediately report all resident deaths and
serious injuries of unknown origin to the appropriate local law
enforcement agency. Existing law establishes the Office of Protective
Services within the State Department of Developmental Services.
 
   This bill would instead require a developmental center to
immediately report a death, a sexual assault, an assault with a
deadly weapon or force likely to produce great bodily injury, or an
injury to the genitals or broken bone when the cause of injury is
undetermined, to the local law enforcement agency having jurisdiction
over the city or county in which the developmental center is
located, regardless of whether the Office of Protective Services has
investigated the facts and circumstances relating to the incident.
The bill would require the developmental center to submit a written
report of the incident within 2 working days of any telephone report
to the law enforcement agency.  
   Existing law establishes the California Victim Compensation and
Government Claims Board within the State and Consumer Services
Agency. Existing law authorizes the board to award crime victims with
compensation from the state Restitution Fund for the losses they
suffer as a direct result of a crime.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    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.   the
following incidents involving a resident to the local law enforcement
agency having jurisdiction over the city or county in which the
developmental center is located, regardless of whether the Office of
Protective Services has investigated the facts and circumstances
relating to the incident:  
   (A) A death.  
   (B) A sexual assault, as defined in Section 15610.63.  
   (C) An assault with a deadly weapon or force likely to produce
great bodily injury, as defined in Section 245 of the Penal Code.
 
   (D) An injury to the genitals when the cause of the injury is
undetermined.  
   (E) A broken bone when the cause of the break is undetermined.
 
   (2) If the incident is reported to the law enforcement agency by
telephone, a written report of the incident shall also be submitted
to the agency, within two working days.  
   (2) 
    (3)  The reporting requirements of this subdivision are
in addition to, and do not substitute for, the reporting requirements
of mandated reporters  , and any other reporting and
investigative duties of the developmental center and the department
as required by law  .
   (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. 
  SECTION 1.    Section 13901 of the Government Code
is amended to read:
   13901.  (a) There is within the State and Consumer Services Agency
the California Victim Compensation and Government Claims Board.
   (b) The board consists of the Secretary of State and Consumer
Services or his or her designee and the Controller, both acting ex
officio, and a third member who shall be appointed by and serve at
the pleasure of the Governor. The third member may be a state officer
who shall act ex officio.
   (c) A reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.