Bill Text: CA AB1828 | 2009-2010 | Regular Session | Introduced
Bill Title: Correctional Peace Officer Standards and Training.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB1828 Detail]
Download: California-2009-AB1828-Introduced.html
BILL NUMBER: AB 1828 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cook
FEBRUARY 11, 2010
An act to amend Sections 13601, 13602, and 13603 of, to amend the
heading of Title 4.5 (commencing with Section 13600) of Part 4 of,
and to repeal and add Section 13600 of, the Penal Code, relating to
corrections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1828, as introduced, Cook. Correctional Peace Officer Standards
and Training.
Under existing law, the Corrections Standards Authority is
responsible for developing, approving, and monitoring standards for
the selection and training of state correctional peace officers and
apprentices.
This bill would create the Commission on Correctional Peace
Officer Standards and Training, which would succeed to those
functions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Title 4.5 (commencing with Section
13600) of Part 4 of the Penal Code is amended to read:
TITLE 4.5. CORRECTIONS STANDARDS AUTHORITY
COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING
SEC. 2. Section 13600 of the Penal Code is repealed.
13600. (a) Commencing July 1, 2005, any reference to the
Commission on Correctional Peace Officer Standards and Training or
"CPOST" shall refer to the Corrections Standards Authority
established pursuant to Chapter 5 (commencing with Section 6024) of
Title 7 of Part 3. As of that date, the Commission on Correctional
Peace Officer Standards and Training is abolished.
(b) The Legislature finds and declares that peace officers of the
state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.
SEC. 3. Section 13600 is added to the Penal Code, to read:
13600. (a) The Legislature finds and declares that peace officers
of the state correctional system, including youth and adult
correctional facilities, have a role in the criminal justice system
that has been previously ignored in terms of creation and application
of sound selection criteria for applicants and their training prior
to assuming their duties. For the purposes of this section,
correctional peace officers are peace officers as defined in Section
830.5 and employed by the Department of Corrections and
Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the department in the custody and care of the state's
offender population. The greater degree of professionalism which will
result from sound screening criteria and a significant training
curriculum will greatly aid the department in maintaining smooth,
efficient, and safe operations and effective programs in the
department.
(b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to as CPOST.
(c) (1) The executive board of CPOST shall be composed of seven
voting members.
(A) Three members from, appointed by, and representing the
management of, the department.
(B) Three members from, appointed by, and representing the
membership of, the California Correctional Peace Officers'
Association. Two members shall be rank and file persons from State
Bargaining Unit 6 and one member shall be supervisory.
(C) One member with at least five years experience in a higher
education environment providing instruction in either corrections or
employee training. This member shall be selected as follows:
(i) Within three months of appointment, the group of three members
appointed pursuant to subparagraph (A) and the group of three
members appointed pursuant to subparagraph (B) shall each nominate
five persons who are qualified to be appointed as a member pursuant
to subparagraph (C).
(ii) The group of three members appointed pursuant to subparagraph
(A) and the group of three members appointed pursuant to
subparagraph (B) shall alternatively strike one name from the
combined list of 10 nominees. The last name remaining shall be the
seventh member and shall serve a term of three years. The order in
which the group appointed pursuant to subparagraph (A) and the group
appointed pursuant to subparagraph (B) strike names from the list
shall initially be determined by lot.
(iii) Six months prior to the expiration of the seventh member's
term, the six members of the commission appointed pursuant to
subparagraphs (A) and (B) shall vote on whether to extend the seventh
members' term for an additional term of three years. If the six
voting members fail to extend the seventh member's term by a majority
vote, the Commission shall replace that member with a new member
appointed pursuant to the initial procedure used to appoint a seventh
member.
(2) Each appointing authority shall appoint one alternate member
for each regular member whom they appoint pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as the
regular member and shall substitute for, and vote in place of, the
regular member whenever he or she is absent.
(d) The rules for voting on the executive board of the CPOST shall
be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision may be taken by a telephone
vote. The CPOST members' decision shall be documented in writing and
submitted to CPOST for confirmation at the next scheduled CPOST
meeting so as to become a part of the permanent record.
(e) The executive board of CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever subcommittee
it deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 Memorandum of
Understanding.
SEC. 4. Section 13601 of the Penal Code is amended to read:
13601. (a) The Corrections Standards Authority
CPOST shall develop, approve, and monitor standards for
the selection and training of state correctional peace officer
apprentices. Any standard for selection established under this
subdivision shall be subject to approval by the State Personnel
Board. Using the psychological and screening standards established by
the State Personnel Board, the State Personnel Board or the
Department of Corrections and Rehabilitation , Division of
Juvenile Facilities shall ensure that, prior to training,
each applicant who has otherwise qualified in all physical and other
testing requirements to be a peace officer in either a youth or adult
correctional facility, is determined to be free from emotional or
mental conditions that might adversely affect the exercise of his or
her duties and powers as a peace officer.
(b) The authority CPOST may approve
standards for a course in the carrying and use of firearms for
correctional peace officers that is different from that prescribed
pursuant to Section 832. The standards shall take into consideration
the different circumstances presented within the institutional
setting from that presented to other law enforcement agencies outside
the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The authority CPOST shall
develop, approve, and monitor standards for advanced rank-and-file
and supervisory state correctional peace officer and training
programs for the Department of Corrections and Rehabilitation. When a
correctional peace officer is promoted within the department, he or
she shall be provided with and be required to complete these
secondary training experiences.
(e) The authority CPOST shall
develop, approve, and monitor standards for the training of state
correctional peace officers in the department in the handling of
stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act,
the authority CPOST may confer with,
and may avail itself of the assistance and recommendations of, other
state and local agencies, boards, or commissions.
(g) Notwithstanding the authority of the authority
CPOST , the department shall design and deliver
training programs, shall conduct validation studies, and shall
provide program support. The authority CPOST
shall monitor program compliance by the department.
(h) The authority CPOST may
disapprove any training courses created by the department pursuant to
the standards developed by the authority
CPOST if it determines that the courses do not meet the
prescribed standards.
(i) The authority CPOST shall
annually submit an estimate of costs to conduct those inquiries and
audits as may be necessary to determine whether the department and
each of its institutions and parole regions are adhering to the
standards developed by the authority CPOST
, and shall conduct those inquiries and audits consistent with
the annual Budget Act.
(j) The authority CPOST shall
establish and implement procedures for reviewing and issuing
decisions concerning complaints or recommendations from interested
parties regarding authority CPOST
rules, regulations, standards, or decisions.
SEC. 5. Section 13602 of the Penal Code is amended to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the
Corrections Standards Authority CPOST before he
or she may be assigned to a post or job as a peace officer. Every
newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the
authority CPOST for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
SEC. 6. Section 13603 of the Penal Code is amended to read:
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the
Corrections Standards Authority CPOST on how to
implement the on-the-job training requirements of this subdivision,
the department shall provide a total of 16 weeks of training to each
correctional peace officer cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority
CPOST pursuant to Section 13602.
