SB 208 — Relating to criminal justice training for all law-enforcement and correction officers regarding individuals with autism spectrum disorders

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 208 B YSENATORS C APUTO, WOELFEL, LIVERI, UCKER , H AMILTO, HUNT, HAPMAN , TUART, ND DEEDS [Originating[Passed inMarch the02, Committee2023; on the Judiciary;

reportedin oneffect January90 20,days 2023]from passage (May 31, 2023)] Enr CS for SB 208 AAN BILLACT to amend and reenact §30-29-5a of the Code of West Virginia, 1931, as amended, relating to criminal justice training for all law-enforcement officers and correction officers regarding individuals with autism spectrum disorders, Alzheimer’s,Alzheimer's, and related dementiasdementias; and requiring that all current law-enforcement officers receive the course of basic training for appropriate interaction with and response to individuals with autism spectrum disorders, Alzheimer’s, and related dementias every three years.

and requiring that all current law-enforcement officers receive the course of basic training for appropriate interaction with and response to individuals with autism spectrum disorders, Alzheimer's, and related dementias every three years.

Alzheimer’sAlzheimer's and dementia.

(a) The Law-Enforcement Professional Standards Subcommittee shall establish within the basic training curriculum, a course for law-enforcement training programs for the training of law- enforcement officers and correction officers in appropriate interactions with individuals with autism spectrum disorders, Alzheimer’s,Alzheimer's, and related dementias and shall develop guidelines for law enforcement response to individuals on the autism spectrum, experience individuals with Alzheimer’s,Alzheimer's, and or individuals with related dementias who are victims or witnesses to a crime, or suspected or convicted of a crime.

This course of instruction may stress positive responses to such these individuals;

de- escalate provide for the de-escalation of potentially dangerous situations;

provide an understanding of the different manner in which such way these individuals process sensory stimuli and language, social communication, and language difficulties likely to affect interaction;

and appropriate methods of interrogation.interrogatiTraining instructors shall always include adults with autism spectrum disorders and/or a parent or primary caretaker of an individual diagnosed with autism spectrum disorder.

TrainingEnr instructorsCS for SB 208 (c) The training course of instruction relating to Alzheimer's and dementia shall alwaysbe includetwo adultshours long and based on evidence-informed research into the identification of persons with autismAlzheimer's spectrumand disordersother and/ordementias, arisks parentsuch as wandering or primaryelder caretakerabuse, ofand anthe individualbest diagnosedpractices withfor autismlaw-enforcement spectrumofficers disorder.interacting with such persons.

CS for SB 208 (c) The training course of instruction relatingmay to Alzheimer’s and dementia shall consist of be twodelivered hoursby longany andqualified beentity, basedorganization, on evidence-informed research into the identification of persons with Alzheimer’s and other dementias, risks such as wandering or elderperson abuse,approved andby the bestLaw-Enforcement practicesProfessional forStandards law-enforcementSubcommittee. officers interacting with such persons.

The training course of instruction may be delivered by any qualified entity, organization, or person approved by the Law- Enforcement Professional Standards Subcommittee.

(1) "Agency" means the ability to make independent decisions and act in one’sone's own best interests;

(2) "Alzheimer’s""Alzheimer's" means a medical condition diagnosis of the most common type of dementia which is a gradually progressive type of brain disorder that causes problems with memory, thinking, and behavior;

(3) "Autism spectrum disorder" means a developmental disability characterized by persistent and significant deficits in social communication, social interaction, communication, and behavior, and may include the diagnosis of pervasive developmental disorder, not otherwise specified, autistic disorder, and Asperger’sAsperger's Syndrome as defined in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association;

(4) “Related"Law-enforcement dementias"officer" means aany majorofficer neurocognitive disorder resulting in the loss of cognitiveany functioning,West thinking,Virginia remembering,law-enforcement andagency, reasoningor toany suchstate aninstitution extentof thathigher iteducation interferesas withdefined ain person’s§30-29-1(6) daily life and activities, including, but not limited to, inability to control emotions, and change of personalities.this code;

(5) (4)“Related "Law-enforcementdementias" officer" means anya officermajor neurocognitive disorder resulting in the loss of anycognitive Westfunctioning, Virginiathinking, law-enforcementremembering, agency,and orreasoning anyto statesuch institutionan ofextent higherthat educationit asinterferes definedwith ina §30-29-1(6)person's ofdaily thislife code;and activities, including, but not limited to, inability to control emotions and changes of personality;

(5) “Related dementias" means a major neurocognitive disorder resulting in the loss of cognitive functioning, thinking, remembering, and reasoning to such an extent that it interferes CS for SB 208 with a person’s daily life and activities, including, but not limited to, inability to control emotions and changes of personality;

Enr CS for SB 208 (e) The autism spectrum disorder course of basic training for law-enforcement officers and correction officers may include at least three hours of instruction in the procedures and techniques described in this subsection:

(2) Appropriate techniques for interviewing or interrogating an individual on the autism spectrum, including techniques to ensure the legality of statements made, and techniques to protect the rights of the interviewee individual;

(4) Techniques for recognizing an autistic individual’sindividual's agency while identifying potential abusive or coercive situations;

CS for SB 208 (f) The Alzheimer’sAlzheimer's and related dementias course of basic training for law-enforcement officers and correction officers may include at least two hours of instruction in the procedures and techniques described in this subsection:

Enr CS for SB 208 (3) Techniques for understanding and approaching behavioral symptoms and identify identifying alternatives to physical restraints;

(5) Techniques for de-escalating a potentially dangerous situation to maximize the safety of both the law-enforcement officer or correction officer and the individual with Alzheimer’sAlzheimer's or related dementias;

and (8) The impact of interaction with law-enforcement officers or correction officers on Alzheimer’sAlzheimer's and dementia individuals.

CS for SB 208 (i) All current law-enforcement officers shall receive the course of basic training for law- enforcement officers, established in this section, as part of their mandated in-service training requirement every three years.

(j) The Commissioner of the Division of Corrections and Rehabilitation periodically may include within the in-service training curriculum a course of instruction on individuals with autism spectrum disorder, Alzheimer’s,Alzheimer's, and related dementias, consistent with this section.

(k) The Law-Enforcement Professional Standards Subcommittee periodically may include within its in-service training curriculum, a course of instruction on individuals with autism spectrum disorder, Alzheimer’s,Alzheimer's, and related dementias, consistent with this section.

Enr CS for SB 208 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate ...............................................................

Clerk of the House of Delegates Originated in the Senate.

In effect 90 days from passage.

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President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2023.

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Governor 5