BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1168       Hearing Date:     June 23, 2015    
          
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          |Author:    |Salas                                                |
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          |Version:   |June 16, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|JRD                                                  |
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               Subject:  Peace Officers:  Basic Training Requirements



          HISTORY

          Source:   David Robinson, Kings County Sheriff and California  
          State Sheriffs' Association

          Prior Legislation:AB 574 (Villaraigosa)-Chapter 950, Statutes of  
          1996


          Support:  None known


          Opposition:Unknown

          Assembly Floor Vote:                 77 - 0


          PURPOSE

          The purpose of this legislation is to exempt a custodial peace  
          officer, who has completed the regular basic course and has  
          maintained his or her perishable skills training, from  
          requalification requirements if he or she has been continuously  
          employed as a custodial peace officer for a period not exceeding  
          five years by the agency appointing that officer to a  








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          non-custodial position, as specified.

          Officer Classifications

          Existing law states that any sheriff, undersheriff, or deputy  
          sheriff, employed in that capacity, of a county, any chief of  
          police of a city or chief, director, or chief executive officer  
          of a consolidated municipal public safety agency that performs  
          police functions, any police officer, employed in that capacity  
          and appointed by the chief of police or chief, director, or  
          chief executive of a public safety agency, of a city, any chief  
          of police, or police officer of a district, including police  
          officers of the San Diego Unified Port District Harbor Police,  
          authorized by statute to maintain a police department, any  
          marshal or deputy marshal of a superior court or county, any  
          port warden or port police officer of the Harbor Department of  
          the City of Los Angeles, or any inspector or investigator  
          employed in that capacity in the office of a district attorney,  
          is a peace officer.  The authority of these peace officers  
          extends to any place in the state, as follows:

                 As to any public offense committed or which there is  
               probable cause to believe has been committed within the  
               political subdivision that employs the peace officer or in  
               which the peace officer serves.



                 Where the peace officer has the prior consent of the  
               chief of police or chief, director, or chief executive  
               officer of a consolidated municipal public safety agency,  
               or person authorized by him or her to give consent, if the  
               place is within a city, or of the sheriff, or person  
               authorized by him or her to give consent, if the place is  
               within a county.

                 As to any public offense committed or which there is  
               probable cause to believe has been committed in the peace  
               officer's presence, and with respect to which there is  
               immediate danger to person or property, or of the escape of  
               the perpetrator of the offense.

          (Penal Code § 830.1(a).)










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          Existing law states that any deputy sheriff of the County of Los  
          Angeles, and any deputy sheriff of the Counties of Butte,  
          Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern, Kings,  
          Lake, Lassen, Mariposa, Mendocino, Plumas, Riverside, San  
          Benito, San Diego, San Luis Obispo, Santa Barbara, Santa Clara,  
          Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama,  
          Trinity, Tulare, Tuolumne, and Yuba who is employed to perform  
          duties exclusively or initially relating to custodial  
          assignments with responsibilities for maintaining the operations  
          of county custodial facilities, including the custody, care,  
          supervision, security, movement, and transportation of inmates,  
          is a peace officer whose authority extends to any place in the  
          state only while engaged in the performance of the duties of his  
          or her respective employment and for the purpose of carrying out  
          the primary function of employment relating to his or her  
          custodial assignments, or when performing other law enforcement  
          duties directed by his or her employing agency during a local  
          state of emergency.  (Penal Code § 830.1(c).) 

          Penal Code 832 Arrest and Firearms Course

          Existing law requires every peace officer, as specified, to  
          satisfactorily complete an introductory the Commission on Peace  
          Officers Standards and Training (POST) prescribed introductory  
          training course and that satisfactory completion of the course  
          is to be demonstrated by passage of an appropriate POST  
          developed or approved examination.  (Penal Code § 832.)

          Existing regulation requires limited function peace officers,  
          including an officer that performs only a custodial function, to  
          satisfactorily meet the training requirements of the Penal Code  
          832 Arrest and Firearms Course.  (POST Administrative Manual §§  
          B-1001, B-1005.)  

          Existing regulation requires Penal Code 832 training to be  
          presented as two components and individuals may elect to  
          complete Arrest, Firearms, or both.  The total minimum hourly  
          requirement for each Penal Code 832 Arrest and Firearms  
          component is 64 hours and includes the following: 40 hours for  
          the arrest component and 24 hours for the firearms component.   
          (POST Administrative Manual § D-1-7.)

          The Regular Basic Course










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          Existing law requires, with limited exceptions, any sheriff,  
          undersheriff, or deputy sheriff of a county, any police officer  
          of a city, and any police officer of a district authorized by  
          statute to maintain a police department, to successfully  
          complete a course of training prescribed by the POST before  
          exercising the powers of a peace officer, except while  
          participating as a trainee in a supervised field training  
          program approved by POST.  (Penal Code § 832.3.) 


          Existing law states that requalification is required for any  
          individual who seeks appointment or reappointment to a position  
          for which the Regular Basic Course or the Specialized  
          Investigators' Basic Course is required when the individual has  
          not previously served in a California peace officer position  
          with qualifying service<1> and has:

                 Successfully completed a POST-certified Regular Basic  
               Course or Specialized Investigators' Basic Course; and, 

               Has a three-year-or-longer break from the last date of  
              successful completion of the Regular Basic Course or  
              Specialized Investigators' Basic Course, or from the date  
              the basic course waiver was granted, whichever is most  
              recent. 

            (11 C.C.R. 1008 (2015).)


          Existing law states that when requalification is required it  
          must be achieved before an individual may exercise peace officer  
          powers.  Upon successful requalification the individual is  
          eligible, for up to three years, to be appointed or reappointed  
          as a California peace officer.  An officer can requalify by:

                 Repeating and successfully completing the appropriate  
               basic course;
             --------------------------
          <1> Qualifying service is defined as serving in a California  
          peace officer position for which a POST-certified Regular Basic  
          Course or Specialized Investigators' Basic Course is required by  
          law.  830.1(c) custodial officers are not required to have the  
          Regular Basic Course.  Given this, time in a 830.1(c) custodial  
          officer position is not considered qualifying service. 









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                 Successfully completing a POST-certified Requalification  
               Course; or,


                 Successfully completing a POST-approved alternative  
               job-related requalification procedure conducted by a  
               presenter of a POST-certified Regular Basic Course. The  
               individual 1) must have previously satisfied the Regular  
               Basic Course training requirement; 2) is for the first time  
               obtaining law enforcement employment after a  
               three-year-or-longer break since successful completion of  
               the Regular Basic Course; and 3) the individual's  
               department has obtained prior written approval from POST  
               for the use of an alternative procedure and verifies that  
               the individual is currently proficient and meets or exceeds  
               minimum performance standards established by the  
               Commission.

           (11 C.C.R. 1008 (2015).)

          This bill would exempt a custodial peace officer, who has  
          completed the regular basic course and has maintained his or her  
          perishable skills training, from requalification requirements if  
          he or she has been continuously employed as a custodial peace  
          officer for a period not exceeding five years by the agency  
          making the appointment.  This provision would sunset January 1,  
          2019.
                                          



                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   









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          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity." (  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.










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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.

          2.  Effect of Legislation

          In California there are a variety of peace officer  
          classifications, including a "regular officer" and a "limited  
          function peace officer."  









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          A "Regular Officer" is a sheriff, undersheriff, or deputy  
          sheriff of a county, a police officer of a city, a police  
          officer of a district authorized by statute to maintain a police  
          department, a police officer of a specified department or  
          district, or a peace officer member of the California Highway  
          Patrol.  (11 CCR 1001 (2015).)   As stated above, these  
          officers, otherwise known as 830.1(a) officers, are required to  
          complete regular basic training.  The standard format of the  
          regular basic course is delivered in a one-part instructional  
          sequence with a minimum requirement of 664 hours.   
          (https://post.ca.gov/regular-basic-course.aspx.)  These officers  
          are, additionally, required to satisfactorily complete 24 or  
          more hours of POST-qualifying training every two-years,  
          including a minimum of 12 hours of perishable skills training.   
          Of the total 12 hours required, a minimum of 4 hours of each of  
          the three following topical areas must be completed: 1. arrest  
          and control; 2. driver training/awareness or driving simulator;  
          and, 3. tactical firearms or force options simulator.  (11  
          C.C.R. 1005 (2015).)  If an officer in this classification has a  
          break in service for more than three years, he or she would  
          generally have to requalify prior to being appointed to an  
          830.1(a) position.  Similarly, if a person took the regular  
          basic training course and was not able to find employment within  
          three years, he or she would have to requalify in order to be  
          appointed to a position.  

          In contrast, a "Limited Function Peace Officer" is a deputy  
          sheriff, regularly employed and paid as such, of a county, a  
          police officer of a city, a police officer of a district  
          authorized by statute to maintain a police department, to be a  
          peace officer as described in Penal Code section 830.1(c), and  
          is employed to perform duties other than the prevention and  
          detection of crime and the general enforcement of the criminal  
          laws of the state.  (Id.)  These officers must take the  
          introductory training course prescribed in Penal Code section  
          832.  According to POST, this course is the "entry-level  
          training requirement for many California peace officers."   
          (http://post.ca.gov/ regular-basic-course.aspx.)  PC 832  
          training is 40 to 64 hours, two of which are dedicated to the  
          final exam.    
          (https://post.ca.gov/pc-832-arrest-and-firearms-training-specific 
          ations.aspx.)  Once the officer completes the course and  









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          satisfactorily passes the examination, the officer must become a  
          peace officer within three years, 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, he or she must repeat the training and retake the  
          examination.  Like 803.1(a) officers, these officers are  
          required to satisfactorily complete 24 or more hours of  
          POST-qualifying training during every two-years.  

          According to the California State Sheriff's Association:

               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 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  









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               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. 

          This legislation is intended to deal with a group of officers  
          who have had the requisite training to become "regular  
          officers," but have been serving in a limited function positions  
          for more than three years, by exempting them from  
          requalification requirements if they have been continuously  
          employed as a custodial peace officer for a period not exceeding  
          five years by the agency making the appointment.

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