Amended in Assembly May 7, 2014

Amended in Assembly April 23, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2314


Introduced by Assembly Member Hall

February 21, 2014


An act to amend Section 830.5 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2314, as amended, Hall. Peace officers: 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, mandatory supervision, or postrelease community supervision of a person in the state on parole, probation, mandatory supervision, 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 authorize any probation officer or deputy probation officer to carry firearms as determined by the chief probation officer on a case-by-case or unit-by-unit basis and under terms and conditions specified by the chief probation officer. The bill would require certain chief probation officers to develop a policy as to whether probation officers and deputy probation officers who supervise high-risk caseloads should be armed. That policy would be required to be adopted no later than June 30, 2015, and would be required to be implemented no later than December 31, 2015, if the chief probation officer has not armed or has not adopted a policy regarding arming probation officers or deputy probation officers prior to January 1, 2015. The bill would define a high-risk caseload as a caseload that includes individuals who have been released from state prison subject to postrelease community supervision and have a prior conviction for a serious felony or violent felony.

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:

P2    1

SECTION 1.  

Section 830.5 of the Penal Code is amended to
2read:

3

830.5.  

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
P3    1agent employed by the Juvenile Parole Board. Except as otherwise
2 provided in this subdivision, the authority of these parole or
3probation officers shall extend only as follows:

4(1) To conditions of parole, probation, mandatory supervision,
5or postrelease community supervision by any person in this state
6on parole, probation, mandatory supervision, or postrelease
7community supervision.

8(2) To the escape of any inmate or ward from a state or local
9institution.

10(3) To the transportation of persons on parole, probation,
11mandatory supervision, or postrelease community supervision.

12(4) To violations of any penal provisions of law that are
13discovered while performing the usual or authorized duties of his
14or her employment.

15(5) (A) To the rendering of mutual aid to any other law
16enforcement agency.

17(B) For the purposes of this subdivision, “parole agent” shall
18have the same meaning as parole officer of the Department of
19Corrections and Rehabilitation or of the Department of Corrections
20and Rehabilitation, Division of Juvenile Facilities.

21(C) Any parole officer of the Department of Corrections and
22Rehabilitation, or the Department of Corrections and
23Rehabilitation, Division of Juvenile Parole Operations, is
24authorized to carry firearms, but only as determined by the director
25on a case-by-case or unit-by-unit basis and only under those terms
26and conditions specified by the director or chairperson. The
27Department of Corrections and Rehabilitation, Division of Juvenile
28 Facilities, shall develop a policy for arming peace officers of the
29Department of Corrections and Rehabilitation, Division of Juvenile
30Facilities, who comprise “high-risk transportation details” or
31“high-risk escape details” no later than June 30, 1995. This policy
32shall be implemented no later than December 31, 1995.

33(D) The Department of Corrections and Rehabilitation, Division
34of Juvenile Facilities, shall train and arm those peace officers who
35comprise tactical teams at each facility for use during “high-risk
36escape details.”

37(b) A correctional officer employed by the Department of
38Corrections and Rehabilitation, or of the Department of Corrections
39and Rehabilitation, Division of Juvenile Facilities, having custody
40of wards or any employee of the Department of Corrections and
P4    1Rehabilitation designated by the secretary or any correctional
2counselor series employee of the Department of Corrections and
3Rehabilitation or any medical technical assistant series employee
4designated by the secretary or designated by the secretary and
5employed by the State Department of State Hospitals or any
6employee of the Board of Parole Hearings designated by the
7secretary or employee of the Department of Corrections and
8Rehabilitation, Division of Juvenile Facilities, designated by the
9secretary or any superintendent, supervisor, or employee having
10custodial responsibilities in an institution operated by a probation
11department, or any transportation officer of a probation department.

12(c) The following persons may carry a firearm while not on
13duty: a parole officer of the Department of Corrections and
14 Rehabilitation, or the Department of Corrections and
15Rehabilitation, Division of Juvenile Facilities, a correctional officer
16or correctional counselor employed by the Department of
17Corrections and Rehabilitation, or an employee of the Department
18of Corrections and Rehabilitation, Division of Juvenile Facilities,
19having custody of wards or any employee of the Department of
20Corrections and Rehabilitation designated by the secretary. A
21parole officer of the Juvenile Parole Board may carry a firearm
22while not on duty only when so authorized by the chairperson of
23the board and only under the terms and conditions specified by
24the chairperson. Nothing in this section shall be interpreted to
25require licensure pursuant to Section 25400. The director or
26chairperson may deny, suspend, or revoke for good cause a
27person’s right to carry a firearm under this subdivision. That person
28shall, upon request, receive a hearing, as provided for in the
29negotiated grievance procedure between the exclusive employee
30representative and the Department of Corrections and
31Rehabilitation, Division of Juvenile Facilities, or the Juvenile
32Parole Board, to review the director’s or the chairperson’s decision.

33(d) (1) A probation officer or deputy probation officer is
34authorized to carry firearms, but only as determined by the chief
35probation officer on a case-by-case or unit-by-unit basis and only
36under those terms and conditions specified by the chief probation
37officer.

38(2) (A) If a chief probation officer has not armed or has not
39adopted a policy regarding arming probation officers and deputy
40probation officers prior to January 1, 2015, the chief probation
P5    1officer for each county shall develop a policy no later than June
230, 2015, as to whether probation officers and deputy probation
3officers who supervise high-risk caseloads should be armed. This
4policy shall be implemented no later than December 31, 2015.

5(B) For purposes of this section, “high-risk caseload” means a
6caseload that includes individuals who have been released from
7state prison subject to postrelease community supervision and have
8a prior conviction for a serious felony described in subdivision (c)
9of Section 1192.7 or a violent felony described in subdivision (c)
10of Section 667.5.

11(e) Persons permitted to carry firearms pursuant to this section,
12either on or off duty, shall meet the training requirements of Section
13832 and shall qualify with the firearm at least quarterly. It is the
14 responsibility of the individual officer or designee to maintain his
15or her eligibility to carry concealable firearms off duty. Failure to
16maintain quarterly qualifications by an officer or designee with
17any concealable firearms carried off duty shall constitute good
18cause to suspend or revoke that person’s right to carry firearms
19off duty.

20(f) The Department of Corrections and Rehabilitation shall allow
21reasonable access to its ranges for officers and designees of either
22department to qualify to carry concealable firearms off duty. The
23time spent on the range for purposes of meeting the qualification
24requirements shall be the person’s own time during the person’s
25off-duty hours.

26(g) The secretarybegin delete and every county probation departmentend delete shall
27promulgate regulations consistent with this section.

28(h) “High-risk transportation details” and “high-risk escape
29details” as used in this section shall be determined by the secretary,
30or his or her designee. The secretary, or his or her designee, shall
31consider at least the following in determining “high-risk
32transportation details” and “high-risk escape details”: protection
33of the public, protection of officers, flight risk, and violence
34potential of the wards.

35(i) “Transportation detail” as used in this section shall include
36transportation of wards outside the facility, including, but not
37limited to, court appearances, medical trips, and interfacility
38transfers.

39

SEC. 2.  

If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P6    1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.



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