BILL NUMBER: AB 1695	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 9, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN SENATE  JULY 1, 2010
	AMENDED IN ASSEMBLY  FEBRUARY 24, 2010

INTRODUCED BY   Assembly Member Beall

                        JANUARY 28, 2010

   An act to amend Sections 830.1 and 831.5 of the Penal Code,
relating to law enforcement officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1695, Beall. Santa Clara County deputy sheriffs and custodial
officers: status and duties.
   Under existing law, any deputy sheriff of certain counties who is
employed to perform duties exclusively or initially relating to
custodial assignments, as provided, 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 functions 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.
   This bill would include deputy sheriffs in Santa Clara County
within that definition of peace officers, as specified.
   Under existing law a custodial officer is a public officer, not a
peace officer, employed by a law enforcement agency of a county
having a population of 425,000 or less, or by certain specified
counties, including Santa Clara County, who has the authority and
responsibility for maintaining custody of prisoners and performs
tasks related to the operation of a local detention facility. Under
existing law, certain specified duties of custodial officers employed
by the Santa Clara County Department of Correction may be performed
at the Santa Clara Valley Medical Center, as needed, in regard to
inpatient, in-custody inmates.
   This bill would allow the duties of custodial officers employed by
the Santa Clara County Department of Correction to be performed at
other health care facilities in Santa Clara County, in addition to
duties performed at the Santa Clara Valley Medical Center. This bill
would remove the requirement that the inmate be inpatient at the
health care facility for a custodial officer to perform those duties
regarding the inmate.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Santa Clara.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 830.1 of the Penal Code is amended to read:
   830.1.  (a) Any sheriff, 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:
   (1) 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.
   (2) 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.
   (3) 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.
   (b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
   (c) 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, San Diego, San Luis Obispo,
Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma,
Stanislaus, Sutter, Tehama, Tulare, and Tuolumne 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.
  SEC. 2.  Section 831.5 of the Penal Code is amended to read:
   831.5.  (a) As used in this section, a custodial officer is a
public officer, not a peace officer, employed by a law enforcement
agency of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, or a county having a
population of 425,000 or less 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
the detention of persons usually pending arraignment or upon court
order either for their own safekeeping or for the specific purpose of
serving a sentence therein. Custodial officers of a county shall be
employees of, and under the authority of, the sheriff, except in
counties in which the sheriff, as of July 1, 1993, is not in charge
of and the sole and exclusive authority to keep the county jail and
the prisoners in it. A custodial officer includes a person designated
as a correctional officer, jailer, or other similar title. The
duties of a custodial officer may include the serving of warrants,
court orders, writs, and subpoenas in the detention facility or under
circumstances arising directly out of maintaining custody of
prisoners and related tasks.
   (b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
   (c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the
Corrections Standards Authority pursuant to Section 6035. Persons
designated as custodial officers, before the expiration of the 90-day
and one-year periods described in this subdivision, who have not yet
completed the required training, shall not carry or possess firearms
in the performance of their prescribed duties, but may perform the
duties of a custodial officer only while under the direct supervision
of a peace officer, as described in Section 830.1, who has completed
the training prescribed by the Commission on Peace Officer Standards
and Training, or a custodial officer who has completed the training
required in this section.
   (d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
   (e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
   (f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
   (g) Custodial officers employed by the Santa Clara County
Department of Correction are authorized to perform the following
additional duties in the facility:
   (1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
   (2) Search property, cells, prisoners or visitors.
   (3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
   (4) Conduct searches and seizures pursuant to a duly issued
warrant.
   (5) Segregate prisoners.
   (6) Classify prisoners for the purpose of housing or participation
in supervised activities.
   These duties may be performed at the Santa Clara Valley Medical
Center, or at other health care facilities in the County of Santa
Clara, as needed and only as they directly relate to guarding
in-custody inmates. This subdivision shall not be construed to
authorize the performance of any law enforcement activity involving
any person other than the inmate or his or her visitors.
   (h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
   (i) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County. These duties are the same
duties of the custodial officers prior to the date of enactment of
Chapter 635 of the Statutes of 1999 pursuant to local rules and
judicial decisions. It is further the intent of the Legislature that
all issues regarding compensation for custodial officers remain
subject to the collective bargaining process between the County of
Santa Clara and the authorized bargaining representative for the
custodial officers. However, nothing in this section shall be
construed to assert that the duties of custodial officers are
equivalent to the duties of deputy sheriffs nor to affect the ability
of the county to negotiate pay that reflects the different duties of
custodial officers and deputy sheriffs.
   (j) This section shall become operative on January 1, 2003.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of distinctions in existing law that apply only to custodial
officers employed by the Santa Clara County Department of Correction.