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Assembly Bill 2038 (Lieber) as to be amended Crime Victims with Disabilities Act FACT SHEET

Crime Victims with Disabilities Act

Background

Crime against victims with disabilities has been called an "invisible epidemic," comparable with domestic violence before society awakened to the horror and widespread extent of that terrible problem. Children and elders with disabilities, homeless people with disabilities, and people with disabilities in care, treatment, and incarceration facilities are among those most vulnerable and most often victimized.

Despite great efforts, California -- like the rest of the country -- continues to fall shamefully short of meeting its responsibility to provide equal protection from crime to people with disabilities. Research shows that the current system generally fails to prevent crimes, assist victims, prosecute perpetrators, or even report most crimes against victims with disabilities.

It is unlikely that society would tolerate this level of violent crime against most other classes of victims without demanding much more effective action.

Summary

The Crime Victims with Disabilities Act takes a comprehensive approach, making it clear that abuse and criminal neglect are crimes, clarifying law enforcement jurisdiction, giving police and judges new tools to protect victims, assuring that relevant state agencies focus on the problem, requiring criminal background checks for Supportive Living Services caregivers, and changing terminology to make it clear to all that the law protects all Californians with disabilities.

Because of the state budget shortfall, it is impossible to create any substantial General Fund costs this year. But even with that major restriction, there is much that can be done.

Specifics

More Accurate Terminology

• Replaces the demeaning and misleading term "dependent adults" with the more accurate terms "adults with disabilities" or, in the case of hospital patients, "adult inpatients." Likewise, "dependent persons" becomes "people with disabilities" or, in the case of hospital patients, simply "inpatients." Uses the existing Government Code definition of "disability." While this is a minor change in law, it should produce a major change in consciousness.
Reporting and Investigating Crimes

• Makes it clear that abuse and criminal neglect of elders, people with disabilities, and inpatients are crimes. Declares that local law enforcement agencies and other appropriate law enforcement agencies have concurrent jurisdiction. Allows them to accept assistance from Adult Protective Services, long-term care ombudsman programs, and other appropriate agencies provided that the law enforcement agencies retain ultimate responsibility for criminal investigations.
• Expands the mission of existing county Elder Death Review Teams to include suspicious deaths of adults with disabilities and adult inpatients.
• Makes it explicit that the existing Child Death Review Teams must review suspicious deaths of children with disabilities.
Preventing Retaliation for Reporting Violence

• Allows a peace officer to arrest a suspect without a warrant, as with domestic violence arrests, when there is probable cause to believe that the suspect committed an assault or battery on a victim with disability or an inpatient and the suspect is the victim's caregiver or has access to the victim in the place where the victim sleeps at night.
Supportive Living Services Caregiver Background Checks

• Requires criminal background checks for nonlicensed caregivers provided to people with developmental disabilities by service providers under contracts with Regional Centers.
Sexual Assault and Domestic Violence Victims with Disabilities

• Makes it explicit that four existing state programs -- the Family Violence Prevention Program, the sexual assault and child molestation examination and treatment protocols and training programs, the training for local domestic violence centers, and the district attorney sexual assault and exploitation training course -- must cover sexual assault and domestic violence victims with disabilities
• Adds at least one expert on crimes against people with disabilities to the state sexual assault advisory committee.
• Creates a new data category for domestic violence death reporting: people with disabilities who died in homicides related to domestic violence.
• Makes it explicit that accessibility to emergency shelters, including domestic violence victim shelters, is a permitted use for Emergency Housing Assistance Program capital grants.
Victim and Witness Assistance

• Requires victim-witness assistance programs to explicitly cover victims and witnesses with disabilities.
Sentencing

• Allows courts to impose community service and protective orders on criminals convicted of committing crimes against victims with disabilities and inpatients.
• Declares that the goals of sentencing for these crimes are punishment, crime and recidivism prevention, and restorative justice.
Department of Development Services

• Requires the state department to report crimes against its developmental center clients to local law enforcement agencies.
Prosecution

• Requests the California District Attorneys Association to develop a model policy on prosecution of crimes against victims with disabilities.
State Leadership

• Designates the Office of Emergency Services as the state's lead agency for implementation of state laws on crimes against elders, people with disabilities, and inpatients.
Reorganization of Existing Laws

• Makes the relevant provisions of law more accessible by moving them into a new Penal Code chapter titled "Crimes Against Elders, Adults with Disabilities, and Adult Inpatients" and a new Welfare and Institutions Code part titled "Crimes Against Elders, People with Disabilities, and Inpatients."

Cost

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The amendments will remove all identified costs.

Status

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To be amended in Assembly Appropriations Committee
Passed Assembly Human Services Committee 6-1
Passed Assembly Public Safety Committee 5-1

Support

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The Arc of California (sponsor)
Area 1 Development Disabilities Board
California Coalition Against Sexual Assault
California Foundation for Independent Living Centers
California Peace Officers Association
California Police Chiefs Association
Protection and Advocacy, Inc.
REACH Project
State Council on Developmental Disabilities

Contact

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Greg deGiere
Office of Assembly Speaker pro Tempore Sally J. Lieber
916-319-2022
greg.degiere@asm.ca.gov