BILL ANALYSIS Ó
AB 1168
Page 1
Date of Hearing: April 21, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1168 (Salas) - As Introduced February 27, 2015
SUMMARY: Specifies that custodial peace officers, who have
completed full basic peace officer academy training, do not have
to complete re-examination if they have been continuously
employed as a custodial peace officer for a period not exceeding
five years.
EXISTING LAW:
1)Provides that every peace officer shall satisfactorily
complete an introductory training course prescribed by the
Commission on Peace Officer Standards and Training (POST). On
or after July 1, 1989, satisfactory completion of the course
shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the
carrying and use of firearms shall not be required of a peace
officer whose employing agency prohibits the use of firearms.
(Pen. Code, § 832, subd. (a).)
2)States that every peace officer, prior to the exercise of the
powers of a peace officer, shall have satisfactorily completed
the training course specified (Pen. Code, § 832, subd.
(b)(1).)
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3)Specifies that persons described in this chapter as peace
officers who have not satisfactorily completed specified
courses shall not have the powers of a peace officer until
they satisfactorily complete the course. (Pen. Code, § 832,
subd. (c).)
4)Exempts a peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training (POST).
(Pen. Code, § 832, subd. (d).)
5)Provides that a person completing the basic peace officer
training who does not become employed as a peace officer
within three years from the date of passing the examination,
or who has a three-year or longer break in service as a peace
officer, shall pass the examination prior to the exercise of
the powers of a peace officer, except for the following
specified individuals: (Pen. Code, § 832, subd. (e).)
a) A peace officer is returning to a management position
that is at the second level of supervision or higher.
b) A peace officer has successfully re-qualified for a
basic course through the Commission on Peace Officer
Standards and Training (POST).
c) A peace officer has maintained proficiency through
teaching the basic peace officer training course.
d) A peace officer, during the break in California service,
was continuously employed as a peace officer in another
state or at the federal level.
e) A peace officer, who has previously met the requirements
of basic training, has been appointed as a specified
custodial peace officer, and has been continuously employed
as a custodial officer by the agency making the peace
officer appointment since completing the basic peace
officer training.
FISCAL EFFECT: Unknown
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COMMENTS:
1)Author's Statement: According to the author, "Prior to
becoming employed as a peace officer in California, applicants
are required to complete a basic training course and pass an
examination. If a person does not become employed as a peace
officer within 3 years of passing the examination, or has a
break in service of 3 years or longer, they must repeat their
training and retake the examination.
"Many peace officers begin their public safety service with
custodial or detention assignments, performing duties like
working in courtrooms, transporting inmates, conducting
criminal investigations, testifying in court, attending
training courses, and preparing reports. While considered
peace officers under California law, custodial and detention
deputy positions have limited peace officer powers.
"Custodial and detention deputies often aim to transfer to
patrol assignments with full peace officer powers. Even though
they are employed, if these deputies do not find patrol
positions within 3 years they must repeat their training and
examination. Openings for patrol positions are rare,
particularly in rural regions of the state, often making the
three-year requalification an impediment to career
advancement.
"Assembly Bill 1168 would, until January 2019, extend the
validity of the basic training courses and examinations for a
custodial or detention deputy who has been continuously
employed as a peace officer for five years."
1)POST Training Requirements: POST was created by the
legislature in 1959 to set minimum selection and training
standards for California law enforcement. (Pen. Code, §
13500, subd. (a).) Their mandate includes establishing
minimum standards for training of peace officers in
California. (Pen. Code § 13510, subd. (a).) As of 1989, all
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peace officers in California are required to complete an
introductory course of training prescribed by POST, and
demonstrate completion of that course by passing an
examination. (Pen. Code, § 832, subd. (a).)
According to the POST Web site, the Regular Basic Course
Training includes 42 separate topics, ranging from juvenile
law and procedure to search and seizure. [POST, Regular Basic
Course Training Specifications;
< http://post.ca.gov/regular-basic-course-training-specification
s.aspx >.] These topics are taught during a minimum of 664
hours of training. [POST, Regular Basic Course, Course
Formats, available at:
[< http://post.ca.gov/regular-basic-course.aspx .] Over the
course of the training, individuals are trained not only on
policing skills such as crowd control, evidence collection and
patrol techniques, they are also required to recall the basic
definition of a crime and know the elements of major crimes.
This requires knowledge of the California Penal code
specifically.
1)Peace Officer Status Lapses for Custodial Officers and
Re-Training: All peace officers in California are required to
complete a mandated basic training course which is certified
by POST. Additionally, the peace officer must pass an
examination. Once the officer completes the course and
satisfactorily passes the examination, the officer must become
a peace officer within three years of passing the examination,
and may not have a break in service of three years of longer.
If the officer does not become employed as a peace officer, or
has the proscribed break in service they must repeat the
training and retake the examination.
Some officers who complete the full basic training course for
peace officers and pass the examination are assigned to
custodial officer positions. These positions may also be
filled by officers who complete a significantly less strenuous
training course, and thus they do not have the full powers of
peace officers. Since these positions are not "patrol"
positions, the officers who have completed full training
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experience a lapse in their full peace officer status and must
re-train and pass the examination after three years in a
custodial position. However, many counties only hire fully
trained peace officers for the same custodial positions so
their officers are considered peace officers will the full
powers permitted under Penal Code § 832 and they do not
experience a lapse in status. Therefore, a fully trained
peace officer who is hired in Marin County and employed as a
custodial officer will not have to re-train if he or she later
decides to transfer to a patrol position. While at the same
time, a fully trained peace officer who is hired in Kings
County as a custodial officer will have to re-train after
three years because their peace officer status as lapsed.
This bill would extend the three year re-training requirement
to five years in the counties where fully trained peace
officers are hired for custodial positions where the county
has elected to also hire officers with the less stringent
training requirements to fill those custodial positions.
2)Argument in Support: According to the California State
Sheriffs' Association, "Assembly Bill 1168, which will bring
parity to deputy sheriffs that are hired to work in the county
jails. Existing law allows for two different classifications
of peace officers to work in county jails: 830.1(a) officers,
which are peace officers at all times and 830.1(c) deputies,
which are correctional officers that have limited peace
officer powers. In order for a person to be employed as an
830.1(a) officer, he or she must complete the full basic
academy (664 hours of training) while an 830.1(c) officer must
only complete a 64 hour course.
"In rare instances, a person that has completed the full basic
academy course gets hired by a county as an 830.1(c) deputy in
the county jail. In this situation, the person has 3 years
from the time the person graduates from the academy to obtain
an 830.1(a) position before his or her POST
certificate/eligibility expires. While many counties work to
ensure that jail deputies that wish to transfer to patrol do
so in less than 3 years, in some counties (such as Kings and
Butte), patrol positions may not be available prior to the
expiration of a person's eligibility. In those situations, the
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deputy must then complete a refresher course, which costs
money for the deputy and requires the county to backfill the
person's time while the person is taking the class. (Note: all
officers, regardless of classification, must continue to
maintain their perishable skills through POST training.)
"However, for those deputies that are hired in counties as
830.1(a) officers in the jails, that person's eligibility to
transfer to a patrol position never expires even though that
officer is doing the same exact work as an 830.1(c) deputy in
another county. We believe that creates an inequity for those
counties that have chosen to utilize 830.1(c) deputies in the
jails. It also incentivizes deputies that wish to move to
patrol to leave the hiring agency prior to the expiration of
their POST certificate.
"AB 1168 will fix the inequity between counties utilizing
different classifications in the county jails by allowing
deputies that have gone through the full basic academy course
and have been hired as an 830.1(c) deputy to maintain
eligibility for an additional two years before moving to a
patrol position within the same agency."
3)Related Legislation:
a) AB 373 (Medina), requires that peace officers that work
near or upon Indian tribal land complete a course that
includes a review of Public Law 280 that is approved by
POST. AB 373 is awaiting a hearing in the Assembly
Appropriations Committee.
b) AB 546 (Gonzalez), authorizes a probation department to
apply to either POST or the BSCC to become a certified
provider of probation officer training. AB 546 is awaiting
a hearing in the Assembly Appropriations Committee.
c) AB 1118 (Bonta), requires every peace officer in the
state to complete training on a course in procedural
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justice within 18 months of POST certifying the course. AB
1118 is set for hearing in this committee on April 28,
2015.
d) AB 1227 (Cooper), requires POST to conduct a review and
report to the legislature on training courses regarding
interactions with mentally or developmentally disabled
persons. AB 1227 is scheduled for hearing in this
committee today.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association
Opposition
None
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744