BILL ANALYSIS
SB 1184
Page 1
Date of Hearing: June 20, 2006
Counsel: Kathleen Ragan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
SB 1184 (Cedillo) - As Amended: February 28, 2006
SUMMARY : Creates in the Penal Code the position of "custody
assistant", a full-time employee of the Los Angeles County
Sheriff's Department who assists peace officer personnel in
maintaining order and security in a custody detention, court
detention or station jail facility of the sheriff's department.
Makes the attempted murder of a custody assistant punishable by
imprisonment in the state prison for life without the
possibility of parole, or by 15-years-to-life, as specified.
Specifically, this bill :
1)Defines "custody assistant" as a full-time employee, not a
peace officer, employed by the county sheriff's department who
assists peace officer personnel in maintaining order and
security in a custody detention or station jail facility of
the sheriff's department.
2)States that "custody assistants" are responsible for
maintaining custody of prisoners and performing tasks related
to the operation of a local detention facility used for the
detention of persons pending arraignment or upon court order,
either for their own safekeeping or for the specific purpose
of serving a sentence therein. Provides that custody
assistants do not have the right to carry or possess firearms
in the performance of their duties.
3)Requires custody assistants to complete a training course
specified by the sheriff's department, and to meet the minimum
selection and training standards prescribed by the Department
of Corrections and Rehabilitation (CDCR).
4)Specifies the duties custodial officers are authorized to
perform in a custody facility, court detention facility or
station jail facility, including, but not limited to,
assisting in supervising the conduct of inmates during
personal activities and on work assignments; assist in the
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processing of inmates for court appearances; secure inmates
and their personal property as necessary; order, inspect, and
serve meals to inmates; respond to public inquiries regarding
any inmate; fingerprint, photograph or operate lives can
machines, or assist in those operations; and other specified
similar duties.
5)Makes the attempted murder of a custody assistant or similar
un-sworn uniformed sheriff's employee whose job entails the
care or control of inmates in a detention facility punishable
in the same manner as the attempted murder of a custodial
officer, peace officer, or firefighter, as defined.
6)States that nothing in this section shall confer any authority
upon a custody assistant except while on duty, and nothing
shall be construed to grant any additional retirement benefits
to custody assistants.
7)States that this section shall apply only to a county of the
first class, as specified by the Government Code (Los
Angeles), but shall not become operative until adopted by a
resolution of the board of supervisors.
EXISTING LAW :
1)Provides that any person who attempts to commit a crime of
willful, deliberate, and premeditated murder, the person
guilty of the attempt shall be punished by imprisonment in the
state prison for life with the possibility of parole. [Penal
Code Section 664(a).]
2)States that if an attempted murder is committed upon a peace
officer, firefighter or custodial officer, as defined, and the
defendant knew or reasonably should have known that the victim
was so employed and engaged in the performance of his or her
duties, the defendant shall be punished by imprisonment in the
state prison for life with the possibility of parole, if it is
proven that a direct but ineffectual act of killing another
human being was committed and the person committing the act
harbored malice aforethought, namely, a specific intent to
kill another human being. [Penal Code Section 664(e).]
3)Provides that if an attempted murder is committed upon a peace
officer, firefighter or custodial officer, as defined, and the
defendant knew or reasonably should have known that the victim
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was so employed and engaged in the performance of his or her
duties, and it is charged and found to be true by the trier of
fact that the attempted murder was willful, deliberate, and
premeditated, the defendant shall be punished by imprisonment
in the state prison for 15-years-to-life. States that the
person shall not be released from prison before serving
15-years' confinement. [Penal Code Section 664(f).]
4)Defines "custodial officer" as a public officer, not a peace
officer, employed by a law enforcement agency of a city or
county who has the authority and responsibility for
maintaining custody of prisoners and performs tasks related to
the operation of a local detention facility used for specified
purposes. [Penal Code Sections 831(a) and 831.5(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author: "AB 999 (La
Malfa), Chapter 52, Statutes of 2005, amended current law to
include custodial officers to the section of law dealing with
the attempted murder of a peace officer or firefighter.
Section 664 of the Penal Code now includes custodial officers
in the section, and makes attempted murder of a custodial
officer punishable by imprisonment in the state prison for
life with the possibility of parole or by 15-years-to-life if
it is also proven that the attempt was premeditated. Just
prior to AB 999 being signed into law, it was discovered that
custody assistants (those non-sworn uniformed employees of the
Los Angeles County Sheriff's Department) were inadvertently
left out of AB 999.
"Custody assistants are regularly employed, non-sworn uniformed
members of the Sheriff's Department whose job is very similar
to those of a 'custodial officer.' Custody assistants work
custody detention facilities and are responsible for inmate
care and handling. This bill attempts to correct this
oversight by adding custody assistant to current law dealing
with Section 664 of the Penal Code. This bill also adds
language that tries to address any other job classification
anywhere in California that is similar in nature to those
duties and responsibilities of a custody assistant or
custodial officer. Additionally, this bill creates Penal Code
Section 831.7 that clearly defines a 'custody assistant' in
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law."
2)Background : This bill provides that the definition of
"custody assistant" shall apply only in a county of the first
class. The Government Code states that "counties containing a
population of 4,000,000 and over are counties of the first
class." (Government Code Section 28022.) Los Angeles County
is the only county of the first class. "The fact that Los
Angeles County is the only county of the first class in this
state may be judicially noticed." [ In re Application of Brady
(1924) 65 Cal. App. 345.]
As stated below, a 1987 change in the title given to persons
performing the duties described in this bill, related to
inmates in custody in detention facilities in Los Angeles
County, caused these Los Angeles employees not to be included
by AB 999, which added custodial officers to Penal Code
Section 664, imposing enhanced penalties on persons who
attempt to murder peace officers, firefighters, and custodial
officers. The example of the duties performed by custody
assistants, stated in a job bulletin posted by the Los Angeles
County Sheriff's Department, indicated that custody assistants
work directly with inmates and monitor inmate movements, serve
food to inmates, and interviews inmates. These duties are
similar to those described in Penal Code Sections 831(a) and
831.5(a), which relate to custodial officers. Therefore,
there seems no reason for a distinction in the protections
offered to custody assistants and custodial officers.
3)Arguments in Support :
a) Leroy D. Baca, Sheriff, County of Los Angeles, states,
"Existing law provides an enhanced penalty for the
attempted murder of a peace officer, firefighter, or
custodial officer while in the performance of their duties.
This bill would provide the same enhanced penalty for a
custody assistant, whose job entails the care and control
of inmates in a detention facility.
"As the jail system becomes more populated with violent
criminals, it is necessary to amend existing law to provide
additional protections to those persons responsible for the
care and control of inmates. Custody assistants are a
vital part in the operation of the Los Angeles County jail
system and need the necessary protection to perform their
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jobs properly. This bill is a small part in making their
job a little safer."
b) The Los Angeles County Professional Peace Officers
Association states, "When the Sheriff decided to phase out
the custody officer category in 1987, he created a new
category of personnel whose duties would be to assist the
department with the custody and control of inmates. He
named this new category 'custody assistant'. It was an
oversight at that time that the custody assistant category
was not codified, as the soon to be eliminated category of
custody officer had been. There are approximately 1,000
custody assistants that have, in effect, existed in a
proverbial bubble ever since.
"When the Professional Peace Officers Association brought
this fact to the attention of the current Sheriff's
Department Management, they agreed to what has become this
bill so that these employees could take their proper place
in the Penal Code and thereby be afforded the proper
protection under the law that is afforded to all other
custodial officers in California.
"By expanding Penal Code Section 664 to include custody
assistants, the legislative intent of this section would be
complete as to uniformed non-sworn employees of a sheriff's
department whose job entails the care or control of inmates
in a detention facility."
c) The California Correctional Supervisors Organization
states, "We find that this bill will help to ensure that
all employees that work within our prisons and jails are
equally protected and valued under the law."
d) The Association for Los Angeles Deputy Sheriffs, Inc.,
states, "It is our belief that these employees (custody
assistants) should take their proper place in the Penal
Code and thereby be granted all the rights and privileges
given to other custodial officers who perform their same
duties throughout California. The expansion of Penal Code
Section 664 to include these custody assistants
acknowledges their rightful place in the care and control
of inmates in a detention facility."
e) The San Bernardino Public Employees Association and San
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Luis Obispo County Employees Association state, "This bill
would provide that the elements defining the crime of
attempted murder of a police officer, firefighter, or
custodial officer and the penalties therefore shall also
apply to the attempted murder of a custody assistant or a
non-sworn uniformed employee of a sheriff's department
whose job entails the care or control of inmates in a
detention facility, as defined.
"We believe that the consequences of attempted murder against
custody assistants and non-sworn uniformed employees of a
sheriff's department should be the same as the penalties in
place for peace officers."
4)Prior Legislation : AB 999 (La Malfa), Chapter 52, Statutes of
2005, added custodial officers to the victims of attempted
murder (peace officers and firefighters) for which the person
guilty of the attempt is subject to enhanced punishment.
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs, Inc.
Association for Los Angeles Deputy Sheriff's, Inc.
California Correctional Supervisors Organization
California District Attorneys Association
California Peace Officers Association
California State Sheriffs' Association
Los Angeles County District Attorney's Office
Los Angeles County Professional Peace Officers Association
Peace Officers Research Association of California
Riverside Sheriff's Association
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Sheriff, County of Los Angeles
Opposition
None on file
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
SB 1184
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