HomeMy WebLinkAboutMINUTES - 05052015 - C.29RECOMMENDATION(S):
ADOPT a "Support" position on AB 546 (Gonzalez), as introduced: Peace Officers: Basic Training Requirements, a
bill that authorizes a probation department to apply to either the Commission on Peace Officer Standards and
Training or the Board of State and Community Corrections to become a certified provider of that training course for
the purpose of training probation officers.
FISCAL IMPACT:
Minor absorbable General Fund costs to the Board of State Community Corrections to review and approve the
provider certification requests.
BACKGROUND:
At its April 2, 2015 meeting, the Legislation Committee considered the recommendation from the County Probation
Officer to recommend a position of "Support" to the Board of Supervisors on AB 546.
CURRENT STATUS: 04/16/2015 In ASSEMBLY. Read second time. To Consent Calendar.
SUMMARY: This bill provides that a probation department may apply to either the Commission on Peace Officer
Standards and Training (POST) or the Board of State Community Corrections (BSCC) to become a certified provider
of specified training courses for becoming peace officers under California law.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/05/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lara DeLaney, (925)
335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: May 5, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 29
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:May 5, 2015
Contra
Costa
County
Subject:AB 546 (Gonzalez) Peace Officers: Basic Training Requirements
BACKGROUND: (CONT'D)
FISCAL EFFECT: Minor absorbable GF costs to BSCC to review and approve the provider certification requests.
COMMENTS:
1) Background. Under current law, every peace officer is required to satisfactorily complete an introductory
training course prescribed by the POST, commonly referred to as the PC 832 training. The BSSC currently
provides training for probation departments through their Standards and Training for Corrections (STC) program.
Under current law, the BSCC provides all of the training probation departments receive other than the PC 832
training that must be completed through a POST certified program.
2) Purpose. According to the proponents of the bill, there is a significant waiting list for probation department
officers to receive the basic "PC 832" training due to a lack of vacancies in existing classes which are offered by
other agencies. By permitting BSCC to certify courses for probation departments, probation officers would no
longer have such significant waiting times in order to be properly trained pursuant to the requirements of Penal
Code section 832.
3) Arguments in Support. According to The Chief Probation Officers of California, "Under existing law,
probation officers are required to complete a course of training certified by the Commission on Peace Officer
Standards and Training (POST) prior to being sworn in as a peace officer." "In order for a department to offer a
PC 832 course, the courts and trainer must be certified by POST. This course is the only training that probation
departments must obtain through POST. The rest of the probation training is done through the Board of State and
Community Corrections' (BSCC) Standards and Training for Corrections (STC) program."
4) Prior Legislation: AB 1860 (V. Manual Perez), Chapter 87, Statutes of 2014, provided that a probation
department that is a certified provider of a specified peace officer introductory training course on arrests and
firearms prescribed by the Commission on Peace Officer Standards and Training (POST) is not required to offer
the course to the general public.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County would not have a position on the bill.
ATTACHMENTS
Bill Text
california legislature—2015–16 regular session
ASSEMBLY BILL No. 546
Introduced by Assembly Member Gonzalez
February 23, 2015
An act to amend Section 832 of the Penal Code, relating to peace
officers.
legislative counsel’s digest
AB 546, as introduced, Gonzalez. Peace officers: basic training
requirements.
Existing law requires every peace officer to complete an introductory
course of training prescribed by the Commission on Peace Officer
Standards and Training, except for specifically exempted categories of
peace officers, and imposes other training requirements on those persons
who would exercise the powers of peace officers. Existing law provides
that a probation department that is a certified provider of that training
course shall not be required to offer the course to the general public.
This bill would authorize a probation department to apply to either
the commission or the Board of State and Community Corrections to
become a certified provider of that training course for the purpose of
training probation officers.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 832 of the Penal Code is amended to
line 2 read:
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line 1 832. (a) Every person described in this chapter as a peace
line 2 officer shall satisfactorily complete an introductory training course
line 3 prescribed by the Commission on Peace Officer Standards and
line 4 Training. On or after July 1, 1989, satisfactory completion of the
line 5 course shall be demonstrated by passage of an appropriate
line 6 examination developed or approved by the commission. Training
line 7 in the carrying and use of firearms shall not be required of a peace
line 8 officer whose employing agency prohibits the use of firearms.
line 9 (b) (1) Every peace officer described in this chapter, prior to
line 10 the exercise of the powers of a peace officer, shall have
line 11 satisfactorily completed the training course described in subdivision
line 12 (a).
line 13 (2) Every peace officer described in Section 13510 or in
line 14 subdivision (a) of Section 830.2 may satisfactorily complete the
line 15 training required by this section as part of the training prescribed
line 16 pursuant to Section 13510.
line 17 (c) Persons described in this chapter as peace officers who have
line 18 not satisfactorily completed the course described in subdivision
line 19 (a), as specified in subdivision (b), shall not have the powers of a
line 20 peace officer until they satisfactorily complete the course.
line 21 (d) A peace officer who, on March 4, 1972, possesses or is
line 22 qualified to possess the basic certificate as awarded by the
line 23 Commission on Peace Officer Standards and Training is exempted
line 24 from this section.
line 25 (e) (1) A person completing the training described in
line 26 subdivision (a) who does not become employed as a peace officer
line 27 within three years from the date of passing the examination
line 28 described in subdivision (a), or who has a three-year or longer
line 29 break in service as a peace officer, shall pass the examination
line 30 described in subdivision (a) prior to the exercise of the powers of
line 31 a peace officer, except for a person described in paragraph (2).
line 32 (2) The requirement in paragraph (1) does not apply to a person
line 33 who meets any of the following requirements:
line 34 (A) Is returning to a management position that is at the second
line 35 level of supervision or higher.
line 36 (B) Has successfully requalified for a basic course through the
line 37 Commission on Peace Officer Standards and Training.
line 38 (C) Has maintained proficiency through teaching the course
line 39 described in subdivision (a).
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line 1 (D) During the break in California service, was continuously
line 2 employed as a peace officer in another state or at the federal level.
line 3 (E) Has previously met the requirements of subdivision (a), has
line 4 been appointed as a peace officer under subdivision (c) of Section
line 5 830.1, and has been continuously employed as a custodial officer
line 6 as defined in Section 831 or 831.5 by the agency making the peace
line 7 officer appointment since completing the training prescribed in
line 8 subdivision (a).
line 9 (f) The commission may charge appropriate fees for the
line 10 examination required by subdivision (e), not to exceed actual costs.
line 11 (g) Notwithstanding any other law, the commission may charge
line 12 appropriate fees for the examination required by subdivision (a)
line 13 to each applicant who is not sponsored by a local or other law
line 14 enforcement agency, or is not a peace officer employed by, or
line 15 under consideration for employment by, a state or local agency,
line 16 department, or district, or is not a custodial officer as defined in
line 17 Sections 831 and 831.5. The fees shall not exceed actual costs.
line 18 (h) (1) A probation department that is a certified provider of
line 19 the training course described in this section shall not be required
line 20 to offer the course to the general public.
line 21 (2) A probation department may apply to either the commission
line 22 or the Board of State and Community Corrections to become a
line 23 certified provider of the training course described in this section
line 24 for the purpose of training probation officers.
O
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