BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 1168
          Author:   Salas (D)
          Amended:  6/16/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/23/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           ASSEMBLY FLOOR:  77-0, 4/30/15 (Consent) - See last page for  
            vote

           SUBJECT:   Peace officers: basic training requirements


           SOURCE:    California State Sheriffs' Association


          DIGEST:  This bill exempts 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 non-custodial position, as  
          specified.


          ANALYSIS:   


          Existing law: 


          1)States, in Penal Code Section 830.1(a), that any sheriff,  








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            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:  


              a)   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.


             b)   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.


             c)   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.


          2)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,  







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            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).) 


          3)Requires every peace officer, as specified, to satisfactorily  
            complete a Commission on Peace Officer 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.)


          4)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.)  


          5)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.)


          6)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  







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            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.) 


          7)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  and has:  (a) successfully completed a POST-certified  
            Regular Basic Course or Specialized Investigators' Basic  
            Course; and, (b) 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).)


          8)States, in Section 1008 of Title 11 of the California Code of  
            Regulations, 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:


             a)   Repeating and successfully completing the appropriate  
               basic course;


             b)   Successfully completing a POST-certified Requalification  
               Course; or,


             c)   Successfully completing a POST-approved alternative  
               job-related requalification procedure conducted by a  
               presenter of a POST-certified Regular Basic Course. The  
               individual (a) must have previously satisfied the Regular  
               Basic Course training requirement; (b) is for the first  
               time obtaining law enforcement employment after a  







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               three-year-or-longer break since successful completion of  
               the Regular Basic Course; and (c) 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 POST.


          This bill exempts, until January 1, 2019, 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.  

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

          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 four 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  







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          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.)  Penal Code  
          Section 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-specifications.aspx.)  Once  
          the officer completes the course and 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 author:

            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  







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            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.

          This bill 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, custodial 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.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/24/15)


           California State Sheriffs' Association (source)


          OPPOSITION:   (Verified6/24/15)


          None received

          ARGUMENTS IN SUPPORT:  According to the California State  
          Sheriffs' 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  







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               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  
               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. 


          ASSEMBLY FLOOR:  77-0, 4/30/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  







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            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Chávez, Gomez

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          6/24/15 17:20:48


                                   ****  END  ****