HCS#2 HB 1644 -- USE OF FORCE

SPONSOR:  McGhee (Riddle)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Corrections and Public Institutions by a vote of 10 to 0.

This substitute changes the laws regarding the use of force by
employees of the Department of Mental Health.  In its main
provisions, the substitute:

(1)  Specifies that a person will not be guilty of the crime of
patient, resident, or client abuse or neglect if he or she beats,
strikes, or injures a patient, resident, or client or if he or
she uses more force than necessary for the proper control of a
patient, resident, or client of a mental health or residential
facility when acting in self-defense or in defense of others;

(2)  Specifies that self-defense and the defense of others will
justify only the use of the minimal amount of force reasonably
necessary to deter an imminent threat of harm to oneself or
another person or to end an assault on oneself or another person.
This provision will only apply to employees at maximum or medium
security department facilities;

(3)  Prohibits the department from terminating or sanctioning an
employee based on an action taken in self-defense or defense of
others in the course of employment against a person, patient,
resident, or client who is dangerous or violent; has a history of
dangerous or violent behavior; or whose mental state or condition
includes dangerous or violent tendencies and requires the
employment record of the employee to be expunged of any
documentation regarding the act of self-defense or defense of
others; and

(4)  Requires the department to conduct a hearing to determine
whether an employee acted in self-defense or the defense of
others if a person asserts self-defense or defense of others.
Any adverse determination by the department will be subject to
appeal in accordance with Chapter 536, RSMo.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $135,208
in FY 2011, $144,853 in FY 2012, and $149,199 in FY 2013.  No
impact on Other State Funds in FY 2011, FY 2012, and FY 2013.

PROPONENTS:  Supporters say that there are major safety concerns
for employees at Fulton State Hospital.  Employees are fearful of
being assaulted by the clients or being fired for defending
themselves or others.  There is not enough staff to provide
adequate protection, and the training is not sufficient to
prepare employees for all the situations that arise.  After an
incident at Bellfontaine Habilitation Center, the department
implemented a new policy on the handling of clients which makes
it very difficult for employees to defend themselves.  Often an
employee who is injured on the job and can't perform his or her
regular duties is placed on light duty for a period of time but
terminated if he or she can't return to regular duty.  The
department also has mandatory staffing policies which allow no
overtime pay but staff are being forced to work double shifts
with no rest placing them in dangerous situations.

Testifying for the bill were Representative Riddle; Douglas Van
Camp; John Edward Ellerman; Jered Crawford; James Douglas Bonner;
Angela Verdugo; Joe Van Norman; John Brown; Carol Butcher; Anna
Diefendorf; Barbara Brazos; and Heather Pitt.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that 75% of employee
injuries occur at a maximum security facility which houses
persons found not guilty by reason of insanity, criminal
psychopaths, those awaiting pre-trial evaluation, and individuals
who have been found incompetent to stand trial.  Besides those
injuries, employees believe that the department has placed
greater emphasis on protecting the patients over the safety and
well-being of the staff.  The department recognizes that there
are problems and is in the process of correcting them.  The
department needs more funding for increased staffing, training,
and capital improvements.  Until more money is available, the
department is doing the best it can with limited resources.

Testifying on the bill were Department of Mental Health; Marty
Martin, Fulton State Hospital; Tom Wuff; and Department of
Corrections.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm