BILL ANALYSIS
AB 890
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Date of Hearing: March 27, 2007
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 890 (Aghazarian) - As Introduced: February 22, 2007
SUMMARY : Abolishes the Corrections Standards Authority (CSA)
and reinstates the Commission on Peace Officer Standards and
Training (CPOST), which will be responsible for developing,
approving, and monitoring standards for the selection and
training of state correctional peace officers and apprentices
subject to the approval of the State Personnel Board (SPB).
Specifically, this bill :
1)Repeals Penal Code Section 13600 and adds a new Penal Code
Section 13600 which will enact the following:
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 Penal Code
Section 830.5 and employed by the California Department of
Corrections and Rehabilitation (CDCR).
The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying
out CDCR's missions in the custody and care of California's
offender population. The greater degree of professionalism
which will result from sound screening criteria and a
significant training curriculum will greatly aid CDCR in
maintaining smooth, efficient, and safe operations and
effective programs in CDCR.
b) There is within the CDCR a CPOST Commissioner.
c) The executive board of CPOST shall be composed of six
voting members:
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i) Three members from, appointed by, and
representing the management of, CDCR; and,
ii) Three members from, appointed by, and
representing the membership of, the California
Correctional Peace Officers' Association (CCPOA).
d) Each appointing authority shall appoint one alternate
member for each regular member whom they appoint. 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.
e) The rules for voting on the executive board of the CPOST
shall be as follows:
i) Decisions shall be made by a majority vote; and,
ii) Proxy voting shall not be permitted.
f) Tentative approval of a decision may be taken by a
telephone vote. CPOST's members' decisions shall be
documented in writing and submitted to the CPOST for
confirmation at the next scheduled CPOST meeting so as to
become a part of the permanent record.
g) The executive board of the 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 SPB
rules and regulations, the Department of Personnel
Administration rules and regulations, and the provisions of
the State Bargaining Unit 6 Memorandum of Understanding.
2)Enables CPOST to develop, approve, and monitor standards for
the selection and training of state correctional peace officer
apprentices.
3)Allows CPOST to approve standards for a course in the
carrying, and use, of firearms for correctional peace
officers.
4)Requires CPOST develop, approve, and monitor standards for
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advanced rank-and-file and supervisory state correctional
peace officer and training programs for the CDCR.
5)Demands CPOST to develop, approve and monitor standards for
the training of state correctional peace officers in the
handling of stress associated with their duties.
6)Recommends CPOST confer with, and may avail itself of the
assistance and recommendations of, other state and local
agencies, boards, or commissions.
7)Gives CPOST the authority to design, deliver and monitor
compliance of training programs, and conduct validation
studies thereon.
8)Mandates CPOST to disapprove of any training courses created
by CDCR if CPOST determines that the courses do not meet the
prescribed standards.
9)Requests CPOST to annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to
determine whether CDCR and each of CDCR's institutions and
parole regions are adhering to the standards developed by
CPOST.
10) Provides that CPOST shall establish and implement
procedures for reviewing and issuing decisions concerning
complaints or recommendations from interested parties.
11) Demands each new correctional peace officer cadet who
attends an academy shall complete the course of training,
pursuant to standards approved by CPOST, before he or she may
be assigned to a post or job as a peace officer.
12) Allows CPOST to approve of proposed on-the-job training
requirements for correctional peace officer cadets.
EXISTING LAW :
1)Abolishes CPOST and replaces it with the CSA. [Penal Code
Section 13600(a).]
2)Establishes within the CDCR the CSA. (Penal Code Section
6024.)
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3)Mandates that the CSA shall be composed of 19 members:
a) One of whom shall be the CDCR Secretary, or his or her
designee, who shall be designated as the chairperson;
b) Four of whom shall be subordinate officers of the
secretary; and,
c) The remaining 14 members shall be appointed by the
Governor after consultation with, and the advice of, the
CDCR Secretary and with advice and consent of the Senate.
[Penal Code Section 6026(a).]
4)Assigns the following duties to the CSA:
a) Develop, approve, and monitor standards for the
selection and training of state correctional peace officer
apprentices;
b) Approve standards for a course in the carrying and use
of firearms for correctional peace officers;
c) Develop, approve, and monitor standards for advanced
rank-and-file and supervisory state correctional peace
officer and training programs for the CDCR;
d) Develop, approve and monitor standards for the training
of state correctional peace officers in the handling of
stress associated with their duties;
e) Confer, and may avail itself of the assistance and
recommendations of, with other state and local agencies,
boards, or commissions;
f) Authority to design, deliver and monitor compliance of
training programs, and conduct validation studies thereon;
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g) Right to disapprove of any training courses created by
CDCR if CSA determines that the courses do not meet the
prescribed standards;
h) Annually submit an estimate of costs to conduct those
inquiries and audits as may be necessary to determine
whether CDCR and each of its institutions and parole
regions are adhering to the standards developed by the
authority; and,
i) Establish and implement procedures for reviewing and
issuing decisions concerning complaints or recommendations
from interested parties. (Penal Code Section 13601.)
5)Demands each new correctional peace officer cadet who attends
an academy shall complete the course of training, pursuant to
standards approved by the CSA before he or she may be assigned
to a post or job as a peace officer. (Penal Code Section
13602.)
6)Allows the CSA to approve of proposed on-the-job training
requirements for correctional peace officer cadets. [Penal
Code Section 13603(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill is
needed to establish a responsible and responsive authority to
follow through on the mandate for training standards in CDCR.
During the 10 years of its existence, CPOST made measurable
improvements in the quality of correctional peace officer
training. Today, the single largest single group of peace
officers in the State of California (approximately 30,000)
has, unfortunately, the least amount of training available to
them.
"Training is the key to safety for staff and inmates in the
correctional setting. The best way to develop and implement a
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valid training program is to ensure there is adequate input
from both management and the rank-an-file officers that work
in the correctional setting. The CPOST model accomplishes that
by having a structure that includes a balance of management
and rank-and-file members."
2)Background : According to information provided by the author,
"CPOST was created by legislation signed into law by the
Governor in 1994. CPOST consisted of three representatives
each from management and rank-and-file. CPOST was abolished
during the 2005 reorganization of the former Youth and Adult
Correctional Agency into the CDCR and was assigned to the CSA.
CSA is a 19-member board which consists of the Secretary of
CDCR, four subordinate officers and 14 persons appointed by
the Governor. CSA has extremely broad responsibilities
relating to the state and local correctional system.
Oversight of the correctional peace officer training programs
is only one of their responsibilities. According to the
Inspector General, CSA has almost entirely failed to conduct
oversight of officer training."
3)Related Legislation :
a) SB 737 (Romero), Chapter 10, Statutes of 2005, amended
the Governor's Reorganization Plan 1 to respond to concerns
regarding such things as juvenile justice, warden
appointment and agency management.
b) SB 1902 (Peace), Chapter 826, Statutes of 1994,
reconstituted the Joint Apprenticeship Training Committee
as CPOST.
c) SB 1566 (Hill), of the 1991-92 Legislative Session,
reconstituted the Joint Apprenticeship Committee as a
seven-member commission that was not appointed by the
governor and required correctional peace officers to meet
psychological screening requirements as outlined by the
SPB. Additionally, SB 1566 proposed to use a portion of
the monies received from telephone providers of pay
telephone services used by inmates and youth authority
wards for a CPOST training fund. While the Governor
indicated in his veto message that he strongly supported
better training for correctional peace officers, he stated:
"To fund the additional training and services at the
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correctional facilities, this bill would divert revenue
away from the General Fund derived from inmate and ward use
of telephones . . . .
"The creation of this special fund through legislative fiat
circumvents the normal budget process. This would hamper
the Administration's ability to allocate money flexibly to
meet the state's needs. Given the state's current austere
fiscal condition, I cannot support a new program that would
unduly restrict the use of General Fund revenues."
4)The Office of the Inspector General's (OIG) 2006 Follow-up
Review Findings : In 2005, the OIG conducted a special review
of the former CPOST, now superseded by the CSA and the Office
of Training and Professional Development. The OIG's 2005
review examined CPOST's management practices and
administrative operations, focusing on the effectiveness of
CPOST's executive board and executive director and on CPOST's
compliance with required statutes and procedures. As a result
of the review, the OIG identified a number of deficiencies
that impaired the ability to meet its principal
responsibilities developing and monitoring training and
selection standards for correctional peace officers.
Specifically, the 2005 review found the following
insufficiencies:
i) CPOST's executive board had not met for nearly one
year, and CPOST was not performing its key function of
developing and monitoring training and selection
standards for correctional peace officers.
ii)CPOST had made minimal progress in developing training
standards and had inadequately monitored compliance with
the few general curriculum standards that already
existed.
iii)The apprenticeship program administered by CPOST was
inadequately monitored and faced possible decertification
because of non-compliance with federal and state
apprenticeship program standards.
iv)CPOST's independence had been undermined by the
influence of the Youth and Adult Correctional Agency and
the CCPOA.
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v) CPOST's membership structure was causing
institutional paralysis because of voting deadlocks.
As a result of these findings, the OIG made seven
recommendations to correct the deficiencies. In a 2006
follow-up review, the OIG found that the successor entity of
the former CPOST - CSA - had accomplished little in addressing
the recommendations from the 2005 special review.
Since assuming responsibility, CSA has held only two meetings
in March and July 2006, in which the business of the former
commission was on the agenda. Before CPOST was abolished on
July 1, 2005, CPOST last met in June 2004, meaning that nearly
two years passed in which CPOST's business was not conducted.
The OIG also found that the CSA has not developed training
standards for key correctional officer jobs because CSA has
yet to complete the job analyses on which those training
standards will be based. The CSA estimates that the job
analyses for the positions of adult correctional officer,
youth correctional officer, and youth correctional counselor
will be completed in September 2007 and related training
standards for those positions will be completed in December
2008. These three classifications constitute nearly 80% of
CDCR's correctional peace officer positions.
5)Arguments in Support : The California Correctional Peace
Officers Association states, "Prior to the current Governor's
reorganization of the correctional bureaucracy, CCPOA and the
state had a successful 10-year partnership through the
legislatively mandated CPOST. CPOST ensured the quality of
training for correctional officers and was engaged in a
long-term effort to improve the curriculum.
"Since abolishing CPOST and transferring oversight of training
to the CSA in 2005, we believe that the overall quality of
correctional training has suffered. In fact, the OIG's 2006
audit of the CSA found that the CSA had almost entirely failed
to conduct oversight officer training. The OIG reported that
CSA's failure was so serious that the program was at risk for
being out of compliance with federal and state apprenticeship
standards leaving the program at serious risk of being
decertified . . . ."
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6)Arguments in Opposition : The California Correctional
Supervisors Organization stated, "The CSA was recently created
and installed by the Legislature for developing, approving,
and monitoring standards for the selection and training of
state correctional peace officers and apprentices. The CSA
was to replace CPOST, which had failed to produce. The main
reason cited in CPOST's failure is the involvement of the Unit
6 union, the CCPOA. The involvement with CCPOA in the
developing, approving and monitoring standards for the
selection and training of state correctional officers and
apprentices hampered CPOST to such a degree that it failed to
produce anything meaningful.
" . . . This bill is a step backward and would resurrect a
failed program. We need to let CSA have a chance to make a
difference."
REGISTERED SUPPORT / OPPOSITION :
Support
California Correctional Peace Officers Association
Opposition
California Correctional Supervisors Organization
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744