AB 1040, as introduced, Wieckowski. Peace officer: firearms.
Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the conditions of parole, probation, or postrelease community supervision of a person in the state on parole, probation, or postrelease community supervision, the escape of an inmate or ward from a state or local institution, the transportation of persons on parole, probation, or postrelease community supervision, and violations of law that are discovered while performing his or her duties. Existing law categorizes a probation officer as a peace officer who may carry firearms only if authorized by his or her employing agency, and under the terms and conditions specified by his or her employing agency.
This bill would require the chief probation officer of each county to train and arm those probation officers and deputy probation officers who are assigned supervision of persons on probation or postrelease community supervision that are deemed high risk. The bill would require every county probation department to promulgate regulations consistent with these provisions.
By imposing new duties on counties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 830.5 of the Penal Code is amended to
2read:
The following persons are peace officers whose authority
4extends to any place in the state while engaged in the performance
5of the duties of their respective employment and for the purpose
6of carrying out the primary function of their employment or as
7required under Sections 8597, 8598, and 8617 of the Government
8Code, as amended by Section 44 of Chapter 1124 of the Statutes
9of 2002. Except as specified in this section, these peace officers
10may carry firearms only if authorized and under those terms and
11conditions specified by their employing agency:
12(a) A parole officer of the Department of Corrections and
13Rehabilitation, or the Department of Corrections and
14Rehabilitation, Division of Juvenile Parole Operations, probation
15officer, deputy probation officer, or a board coordinating
parole
16agent employed by the Juvenile Parole Board. Except as otherwise
17provided in this subdivision, the authority of these parole or
18probation officers shall extend only as follows:
19(1) To conditions of parole, probation, mandatory supervision,
20or postrelease community supervision by any person in this state
21on parole, probation, mandatory supervision, or postrelease
22community supervision.
23(2) To the escape of any inmate or ward from a state or local
24institution.
25(3) To the transportation of persons on parole, probation,
26mandatory supervision, or postrelease community supervision.
P3 1(4) To violations of any penal provisions of lawbegin delete whichend deletebegin insert
thatend insert are
2discovered while performing the usual or authorized duties of his
3or her employment.
4(5) (A) To the rendering of mutual aid to any other law
5enforcement agency.
6(B) For the purposes of this subdivision, “parole agent” shall
7have the same meaning as parole officer of the Department of
8Corrections and Rehabilitation or of the Department of Corrections
9and Rehabilitation, Division of Juvenilebegin delete Justiceend deletebegin insert Facilitiesend insert.
10(C) Any parole officer of the Department of Corrections and
11Rehabilitation, or the Department of Corrections and
12Rehabilitation, Division of Juvenile
Parole Operations, is
13authorized to carry firearms, but only as determined by the director
14on a case-by-case or unit-by-unit basis and only under those terms
15and conditions specified by the director or chairperson. The
16Department of Corrections and Rehabilitation, Division of Juvenile
17begin delete Justiceend deletebegin insert
Facilitiesend insert, shall develop a policy for arming peace officers
18of the Department of Corrections and Rehabilitation, Division of
19Juvenilebegin delete Justiceend deletebegin insert Facilitiesend insert, who comprise “high-risk transportation
20details” or “high-risk escape details” no later than June 30, 1995.
21This policy shall be implemented no later than December 31, 1995.
22(D) The Department of Corrections and Rehabilitation, Division
23of Juvenilebegin delete Justiceend deletebegin insert Facilitiesend insert, shall train and arm those peace
24officers who comprise tactical teams at each facility for use during
25“high-risk
escape details.”
26(E) The chief probation officer of each county shall train and
27arm those probation officers and deputy probation officers who
28are assigned supervision duties of persons on probation or
29postrelease community supervision that are deemed “high risk.”
30(b) A correctional officer employed by the Department of
31Corrections and Rehabilitation, or of the Department of Corrections
32and Rehabilitation, Division of Juvenilebegin delete Justiceend deletebegin insert Facilitiesend insert, having
33custody of wards or any employee of the Department of Corrections
34and Rehabilitation designated by the secretary or any correctional
35
counselor series employee of the Department of Corrections and
36Rehabilitation or any medical technical assistant series employee
37designated by the secretary or designated by the secretary and
38employed by the State Department ofbegin delete Mental Healthend deletebegin insert State
39Hospitalsend insert or any employee of the Board of Parole Hearings
40designated by the secretary or employee of the Department of
P4 1Corrections and Rehabilitation, Division of Juvenilebegin delete Justiceend delete
2begin insert Facilitiesend insert, designated by the secretary or any superintendent,
3supervisor, or employee having custodial responsibilities in an
4institution operated by a probation department, or any
5transportation officer of a
probation department.
6(c) The following persons may carry a firearm while not on
7duty: a parole officer of the Department of Corrections and
8Rehabilitation, or the Department of Corrections and
9Rehabilitation, Division of Juvenilebegin delete Justiceend deletebegin insert Facilitiesend insert, a correctional
10officer or correctional counselor employed by the Department of
11Corrections and Rehabilitation, or an employee of the Department
12of Corrections and Rehabilitation, Division of Juvenilebegin delete Justiceend delete
13begin insert Facilitiesend insert, having custody of wards or any employee of the
14Department of Corrections and Rehabilitation designated
by the
15secretary. A parole officer of the Juvenile Parole Board may carry
16a firearm while not on duty only when so authorized by the
17chairperson of the board and only under the terms and conditions
18specified by the chairperson. Nothing in this section shall be
19interpreted to require licensure pursuant to Section 25400. The
20director or chairperson may deny, suspend, or revoke for good
21cause a person’s right to carry a firearm under this subdivision.
22That person shall, upon request, receive a hearing, as provided for
23in the negotiated grievance procedure between the exclusive
24employee representative and the Department of Corrections and
25Rehabilitation, Division of Juvenilebegin delete Justiceend deletebegin insert Facilitiesend insert, or the
26Juvenile Parole Board, to review the director’s or the chairperson’s
27decision.
28(d) Persons permitted to carry firearms pursuant to this section,
29either on or off duty, shall meet the training requirements of Section
30832 and shall qualify with the firearm at least quarterly. It is the
31responsibility of the individual officer or designee to maintain his
32or her eligibility to carry concealable firearms off duty. Failure to
33maintain quarterly qualifications by an officer or designee with
34any concealable firearms carried off duty shall constitute good
35cause to suspend or revoke that person’s right to carry firearms
36off duty.
37(e) The Department of Corrections and Rehabilitation shall
38allow reasonable access to its ranges for officers and designees of
39either department to qualify to carry concealable firearms off duty.
40The time spent on the range for purposes of meeting the
P5 1qualification requirements shall be the person’s own time during
2the person’s off-duty hours.
3(f) The secretarybegin insert and every county probation departmentend insert shall
4promulgate regulations consistent with this section.
5(g) “High-risk transportation details” and “high-risk escape
6details” as used in this section shall be determined by the secretary,
7or his or her designee. The secretary, or his or her designee, shall
8consider at least the following in determining “high-risk
9transportation details” and “high-risk escape details”: protection
10of the public, protection of officers, flight risk, and violence
11potential of the wards.
12(h) “Transportation detail” as used in this section shall include
13transportation of wards outside the facility, including, but not
14limited to, court appearances, medical trips, and
interfacility
15transfers.
16(i) This section is operative January 1, 2012.
end deleteIf the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
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