BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1695|
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THIRD READING
Bill No: AB 1695
Author: Beall (D)
Amended: 2/24/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 69-0, 3/15/10 (Consent) - See last page
for vote
SUBJECT : Custodial officers: Santa Clara County
SOURCE : Santa Clara County Board of Supervisors
DIGEST : This bill extends the authority of custodial
officers in Santa Clara County to perform specified duties
not only at the Santa Clara Valley Medical Center, but at
other health care facilities in the County of Santa Clara,
as needed and only as they directly relate to guarding
in-custody inmates.
ANALYSIS : Under existing law, all cities and counties
are authorized to employ custodial officers (public
officers who are not peace officers) for the purpose of
maintaining order in local detention facilities. (Section
831 of the Penal Code [PEN])
Notwithstanding Section 831, in counties with a population
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of 425,000 or less - and San Diego, Fresno, Kern,
Riverside, and Stanislaus counties - "enhanced powers"
custodial officers may be employed. Santa Clara County is
also included in this section with specified authority for
custodial officers who are employed by the Santa Clara
County Department of Corrections. (PEN Section 831.5)
Those "enhanced powers" custodial officers may carry
firearms under the direction of the sheriff while
fulfilling specified job-related duties. They, too, are
designated as "public officers," not "peace officers"; they
are empowered to serve warrants, writs, or subpoenas within
the custodial facility, and, as with regular custodial
officers, they may use reasonable force to establish and
maintain custody, and may release from custody
misdemeanants on citation to appear or individuals arrested
for intoxication who are not subject to further criminal
proceedings. They may also make warrantless arrests within
the facility (pursuant to Section 836.5 - misdemeanor in
the presence of the officer). Training standards are
specified. A peace officer is required to be present in a
supervisorial capacity whenever 20 or more custodial
officers are on duty (for both Sections 831 and 831.5
officers). (PEN Section 831.5)
Existing law also provides that custodial officers employed
by the Santa Clara County Department of Corrections 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.
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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 as needed and only as they directly relate
to guarding inpatient, 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/her visitors. (PEN
Section 831.5(g))
This bill permits custodial officers in Santa Clara County
to perform these duties 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
Santa Clara County Board of Supervisors (source)
ARGUMENTS IN SUPPORT : According to the author:
"State law allows county correctional officers to perform
their duties at Santa Clara Valley Medical Center while
guarding hospitalized inmates.
"However, there are instances when individuals in the
Department's custody are hospitalized or receive medical
treatment at other local hospitals or health care
facilities.
"AB 1695 would change state law to allow County
correctional officers to guard inmates at any hospital or
health care facility in Santa Clara County.
"This is a simple district bill that will allow the
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County Department of Corrections to maintain custody of
individuals, clarify correctional officer's authority,
and ensure public safety."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, De La Torre, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Villines, Yamada, John A.
Perez
NO VOTE RECORDED: Bass, Blumenfield, Davis, De Leon, Hall,
Harkey, Skinner, Smyth, Solorio, Tran, Vacancy
RJG:mw 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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