SB 882 Advisory Council Releases Report and Recommendations on Improving Interactions Between People with Intellectual and Developmental Disabilities and Law Enforcement

OAKLAND - The SB 882 Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities and Law Enforcement (Council) today announced the release of its report, concluding its duties under Senate Bill (SB) 882 (2021-2022, Eggman). In most California jurisdictions, law enforcement commonly responds when people are experiencing a mental health crisis, or when caregivers or others are unable to manage behaviors related to intellectual or developmental disability. SB 882 charged the Council, with the support of California Department of Justice (DOJ) staff, with evaluating and identifying gaps in existing training for peace officers specific to their frequent interactions with people with intellectual and developmental disabilities and mental health conditions. The report proposes a series of recommendations to the California Legislature that the Council believes can be implemented to drive a more effective system of care, enhance public safety and reduce costly emergency interventions.

"I want to thank all of my fellow Council members who volunteered their time and hard work over the last two years - it was unbelievable. I would also like to thank the community members and other witnesses who provided their vital input into the report. And I want to make sure that when this report goes out, we pursue it to ensure that it is followed up on. There are still gaps," said Council Chair Frazier. "Society has always undervalued the SB 882 population, but if you spend any time with people in this population, you know that they are important members of our communities and deserve our respect."

"Existing research shows that people with mental health conditions or intellectual and developmental disabilities are more likely to have potentially heightened or escalated interactions with law enforcement. This report represents a critical step forward in understanding those interactions and improving responses," said Attorney General Bonta. "California isn't standing idly by; we will continue to seek data-driven solutions that are rooted in substance. Public safety in our communities remains priority one, two, and three. I applaud the Advisory Council and DOJ staff for their work to help keep all Californians safe."

The Council, established by SB 882, first met on April 15, 2024, followed by 12 additional meetings over the course of two years. It heard testimonies from members of impacted communities, law enforcement, and other subject matter experts, and used multiple methods to gather and evaluate information regarding law enforcement training related to individuals with mental health conditions or intellectual or developmental disabilities. To understand the scope of existing training and research, the Council reviewed literature related to training types, efficacy, crisis response models, the general system of care for people with mental health conditions or intellectual or developmental disabilities, and other relevant topics. The Council also observed trainings offered throughout the state and developed a survey for law enforcement agencies to share information about their trainings.

The Council found that law enforcement interactions that are not adequately responsive to the needs of people with intellectual or developmental disabilities or mental health conditions can result in harm to community members, including a loss of trust in law enforcement, increased experience of use of force, and an increased risk of negative outcomes during an encounter with law enforcement. It also found that the best way to improve the safety of these interactions is to implement systems that reduce their occurrence in the first place. Therefore, the report proposes a series of guiding principles, recommendations, and potential promising practices that can be implemented now and developed with future research to ultimately improve interactions between law enforcement personnel and people with mental health conditions and intellectual or developmental disabilities.

The Council's key recommendations include:

Crisis Response Models and Other Systems Interventions

• Investigate and identify data-driven strategies to help address workforce shortages among law enforcement agencies, regional centers, and county departments of behavioral health and their vendors.
• Invest in creating educational, licensure, and recruitment pathways to becoming a behavioral health crisis responder.
• Require intellectual or developmental disability-competent behavioral health treatment capacity in all new Proposition 1 (2024) and Behavioral Health Continuum Infrastructure Program funded facilities.
• Pass legislation fully implementing the Manny Alert Act, including a funded voluntary statewide registry that is made available for real-time access to all Public Safety Answering Points, Computer Aided Dispatch Systems, and field first responders.

Training

• Provide special grants for each county to operate 24/7 mental health crisis teams to respond to non-crime related 911 and 988 calls.
• Require the California Department of Developmental Services to determine which regional centers have a safety training service that includes interaction with peace officers and emergency services, assess the cost of developing such a service at the regional centers that do not yet have one, and report back to the Legislature.
• Develop legislation requiring the California Department of Education as the lead agency to develop a statewide, evidence-informed safety curriculum.
• Encourage the Commission on Peace Officer Standards and Training (POST) to review and strengthen or implement content related to individuals with mental health conditions or intellectual or developmental disabilities.

The Council also highlighted potential practices that state and county agencies, trainers, and service organizations can consider to improve interactions between law enforcement and people with mental health conditions and/or intellectual or developmental disabilities, including:

Crisis Response Models and Other Systems Interventions

• Collaborate with community/non-law enforcement entities to allow for more natural, regular, non-emergency interactions between community members and peace officers.
• Foster law enforcement awareness of and connection with regional centers and county departments of behavioral health.
• Encourage inclusion of people with mental health conditions and intellectual or developmental disabilities on civilian oversight boards regarding use of force.
• Consider adopting a Blue Envelope system or lanyard system (a voluntary system where people with intellectual or developmental disabilities can self-identify so officers are aware of an individual's status), then translate the system materials to common community languages.

Training

• POST and other trainers should consider including complete disengagement as an option for decision-making in law enforcement trainings.
• POST or another appropriate agency should create a centralized training hub/library.
• POST and other training agencies should develop statewide mobile training units available for loan to smaller agencies, and bodycam-based platforms like Pro-Forma to simulate real-world encounters involving the SB 882 population.
• Encourage trainings that cover culture and local history of interactions and how those can lead to escalation.
• Develop and promote community training programs as the "flip side" of officer training, helping the SB 882 population and their families learn how to respond effectively to stressful law enforcement interactions.

The meeting minutes and materials associated with the SB 882 Advisory Council on Improving Interactions between People with Intellectual and Developmental Disabilities are available here.