BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair S 2013-2014 Regular Session B 1 2 7 SB 1278 (Leno) 8 As Introduced February 21, 2014 Hearing date: March 25, 2014 Penal Code JRD:sl ANIMAL CONTROL OFFICERS HISTORY Source: California Animal Control Directors Association; Humane Society of the United States Prior Legislation: Senate Bill 655 (Presley)-Ch. 82, Stats. 1990 Assembly Bill 2209 (Vicencia)-Ch. 1575, Stats. 1985 Support: Laborers International Union of North America (LIUNA), Locals 777 &792; City of Chula Vista Police Department; International Union of Operating Engineers, Stationary Engineers, Local 39 Opposition:None known (Analysis reflects author's amendments to be offered in committee.) KEY ISSUE SHOULD CERTAIN ANIMAL CONTROL PERSONNEL BE REQUIRED TO HAVE ADDITONAL TRAINING, AS SPECIFIED? PURPOSE (More) SB 1278 (Leno) Page 2 The purpose of this bill is to expand current training requirements for animal control personnel by requiring: (1) all animal control officers to complete a course in the exercise of powers of arrest and to serve warrants, as specified; (2) each person appointed as a director, manager, supervisor, or any person in control of an animal control agency on or after July 1, 2015 complete a course in the exercise of powers of arrest and to serve warrants within one year of appointment; and, (3) all animal control officers have 40 hours of continuing training every three years, as specified. Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer, as specified, and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. (Penal Code § 830.9.) Existing law further provides: An arrest is taking a person into custody, in a case and in the manner authorized by law and that an arrest may be made by a peace officer or a private person. (Penal Code § 834.) An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his or her arrest and detention. (Penal Code § 835.) A private person may arrest another person for a public offense committed or attempted in his or her presence, when the person arrested has committed a felony regardless of whether it was committed in his or her presence, and when a felony has been committed and he or she has reasonable cause for believing the person to be arrested has committed it. (Penal Code § 837.) (More) SB 1278 (Leno) Page 3 With limited exceptions, a peace officer may arrest a person when the officer has reasonable cause to believe the person to be arrested has committed a public offense in the officer's presence, when the person arrested has committed a felony regardless of whether it was committed in the officer's presence, and when the officer has reasonable cause to believe the person to be arrested has committed a felony. (Penal Code § 836.) Existing law requires peace officers, and specified other public officers "not a peace officer," to complete training prescribed by the Commission on Peace Officer Standards and Training (POST) and to pass an appropriate POST examination. (Penal Code § 832.) This bill would require all animal control officers to complete a course in the exercise of powers of arrest and to serve warrants, administered by POST. Specially, the bill would require every person appointed as an animal control officer prior to July 1, 2015, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 2, 2016. And, every Animal Control Officer, appointed after July 1, 2015, to complete the course within one year of beginning employment. This bill would require each person appointed as a director, manager, supervisor, or any person in control of an animal control agency on or after July 1, 2015 complete a course in the exercise of powers of arrest and to serve warrants, administered by POST, within one year of appointment, as specified. This bill would require that during each three-year period following the date of appointment as animal control officer, every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer as determined by the California Animal Control Directors Association. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION (More) SB 1278 (Leno) Page 4 For the last several years, severe overcrowding in California's prisons has been the focus of evolving and expensive litigation relating to conditions of confinement. On May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling, subject to the right of the state to seek modifications in appropriate circumstances. Beginning in early 2007, Senate leadership initiated a policy to hold legislative proposals which could further aggravate the prison overcrowding crisis through new or expanded felony prosecutions. Under the resulting policy, known as "ROCA" (which stands for "Receivership/ Overcrowding Crisis Aggravation"), the Committee held measures that created a new felony, expanded the scope or penalty of an existing felony, or otherwise increased the application of a felony in a manner which could exacerbate the prison overcrowding crisis. Under these principles, ROCA was applied as a content-neutral, provisional measure necessary to ensure that the Legislature did not erode progress towards reducing prison overcrowding by passing legislation, which would increase the prison population. In January of 2013, just over a year after the enactment of the historic Public Safety Realignment Act of 2011, the State of California filed court documents seeking to vacate or modify the federal court order requiring the state to reduce its prison population to 137.5 percent of design capacity. The State submitted that the, ". . . population in the State's 33 prisons has been reduced by over 24,000 inmates since October 2011 when public safety realignment went into effect, by more than 36,000 inmates compared to the 2008 population . . . , and by nearly 42,000 inmates since 2006 . . . ." Plaintiffs opposed the state's motion, arguing that, "California prisons, which currently average 150% of capacity, and reach as high as 185% of capacity at one prison, continue to deliver health care that is constitutionally deficient." In an order dated January 29, 2013, the federal court granted the state a six-month extension to achieve the 137.5 % inmate population cap by December 31, 2013. The Three-Judge Court then ordered, on April 11, 2013, the state (More) SB 1278 (Leno) Page 5 of California to "immediately take all steps necessary to comply with this Court's . . . Order . . . requiring defendants to reduce overall prison population to 137.5% design capacity by December 31, 2013." On September 16, 2013, the State asked the Court to extend that deadline to December 31, 2016. In response, the Court extended the deadline first to January 27, 2014 and then February 24, 2014, and ordered the parties to enter into a meet-and-confer process to "explore how defendants can comply with this Court's June 20, 2013 Order, including means and dates by which such compliance can be expedited or accomplished and how this Court can ensure a durable solution to the prison crowding problem." The parties were not able to reach an agreement during the meet-and-confer process. As a result, the Court ordered briefing on the State's requested extension and, on February 10, 2014, issued an order extending the deadline to reduce the in-state adult institution population to 137.5% design capacity to February 28, 2016. The order requires the state to meet the following interim and final population reduction benchmarks: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and 137.5% of design bed capacity by February 28, 2016. If a benchmark is missed the Compliance Officer (a position created by the February 10, 2016 order) can order the release of inmates to bring the State into compliance with that benchmark. In a status report to the Court dated February 18, 2014, the state reported that as of February 12, 2014, California's 33 prisons were at 144.3 percent capacity, with 117,686 inmates. 8,768 inmates were housed in out-of-state facilities. The ongoing prison overcrowding litigation indicates that prison capacity and related issues concerning conditions of confinement remain unresolved. While real gains in reducing the prison population have been made, even greater reductions may be required to meet the orders of the federal court. Therefore, the Committee's consideration of ROCA bills -bills that may impact the prison population - will be informed by the following (More) SB 1278 (Leno) Page 6 questions: Whether a measure erodes realignment and impacts the prison population; Whether a measure addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction; Whether a bill corrects a constitutional infirmity or legislative drafting error; Whether a measure proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy; and, Whether a bill addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy. COMMENTS 1. Need for This Bill The author states in part: Currently, some animal control executives and animal control officers (ACOs) lack even the most basic training related to laws of arrests and serving warrants. ACOs enforce state and local laws pertaining to animal care and control as well as public safety. While they are not peace officers, ACOs may exercise the same powers of arrest and serving warrants within the scope of their duties. They can investigate felony crimes and make felony arrests. Unlike peace officers and humane officers, ACOs are not currently required to attend any in-service training or education in order to maintain their proficiency in their law enforcement duties. Such training is necessary to ensure ACO safety, service and professionalism. This bill will require minimum ACO training standards bringing California in line with other states such as Connecticut, Florida, Maine, New Jersey, Pennsylvania, Texas, Virginia and Wisconsin. (More) SB 1278 (Leno) Page 7 SB 1278 requires all ACOs to complete a standardized training course in the powers of arrest and the powers of serving warrants and to complete continuing education and training. Specifically, the bill will require ACOs employed prior to July 1, 2015 to complete a standardized course no later than July 1, 2016. ACOs employed after July 1, 2015 must complete the course within one year from the start of their employment. The bill also requires ACOs to complete continuing education and training courses once every three years. The provisions of the bill are self-regulating and give local jurisdictions flexibility how they want to meet the training guidelines set by the California Animal Control Directors Association, including no-cost and in-house training. The bill does not change a local jurisdiction's ability to decide the level of authority that ACOs may ultimately exercise. The bill does not change ACO's status as a non-peace officer, and will not expand the authority of ACOs to carry firearms or expand the use of firearms by ACOs. The bill does not provide a pathway for peace officer status and simply seeks to standardize ACO training in existing powers. In addition, the training will help reduce a jurisdiction's costs related to liability and workers' compensation claims. 2. Effect of this Legislation The impetus behind this legislation is the 2012 death of Animal Control Officer Roy Marcum. In November 2012: An unarmed animal control officer was shot and killed in Sacramento County . . . while trying to retrieve pets from a home whose owner was evicted the previous day. (More) SB 1278 (Leno) Page 8 The officer had gone to the home to rescue dogs and cats authorities thought had been left behind, a day after Joseph Francis Corey was served an eviction notice and a sheriff's deputy changed the locks. The officer - Roy Curtis Marcum, 45, of Elk Grove - and a bank employee knocked on the door when Corey fired a shotgun through the door, striking the officer in the torso, Sacramento County Sheriff's Sgt. Jason Ramos said. (Calif. animal control officer killed in eviction, The Daily Republic, November 30, 2012, http://www.dailyrepublic.com/usworld/calif-animal-contr ol-officer-killed-in-eviction/.) According to the author: A lack of officer safety training contributed to the recent tragic on-duty death of ACO Roy C. Marcum at the hand of an irate animal owner. With a lack of training also comes the opportunity for inadvertent abuse of authority and imposition of well-intentioned yet unlawful demands by enforcement officers. ACOs are no less law enforcement professionals than any other specialized law enforcement officers. Their treatment of the public and the cases they submit for prosecution face the exact same level of scrutiny by the courts and the public. ACOs need the skills to protect themselves, their agencies and others - both humans and animals - from harm. To this end, the legislation seeks to not only standardize training on the powers of arrest and serving warrants, but also requires continuing education and training. While the legislation mandates continuing education, it does not (More) SB 1278 (Leno) Page 9 specify that training include refresher training on the powers of arrest or executing search warrants. Members may wish to consider addressing this issue by recommending the following language be substituted for penal code section 830.9(f)(2): Theminimum hours andrequired topics of continuing education and training, and the minimum hours of training associated with those topics, shall be determined by the California Animal Control Directors Association. Continuing education shall include at least four hours of course work, taught by a Peace Officer Standards and Training-certified instructor, in the exercise of the powers of arrest and to serve warrants. 3. Proposed Amendments The author has agreed to amend this bill to: (1) add California Veterinary Medical Association to the list of entities that can provide continuing training; (2) make clarifying changes to the three-year continuing education requirement, specifically that every animal control officer appointed prior to July 1, 2015, shall complete the continuing training requirements by July 2, 2018, and every animal control officers appointed on or after July 1, 2015 shall complete the training requiring within three years after his her appointment date; (3) clearly exempt animal control officers that are peace officers under penal code 830.1, including sheriff and police officers, from the requirements of the legislation; (4) clearly exempt animal control officers who have already had the training described in section 830.9(a), of the proposed legislation, from the requirements of that section; and, (5) state that continuing education and training may be recommended by the California Animal Control Directors Association. (More) 4. Argument in Support LIUNA Locals 777 and 792, representing animal control officers, state: SB 1278 seeks to institute standardized training for animal control officers in order to provide better officer safety, to protect the rights of animal owners and to ensure animal welfare. The bill brings animal control officers on par to similar training standards required of humane officers. Animal control officers (ACOs) enforce state and local law pertaining to animal control and care as well as public safety. ACOs are not peace officers, but they may exercise the same powers of arrest and serving warrants within the scope of their duties. They can investigate felony crimes and make felony arrests pertaining to state animal welfare laws. ACOs also routinely enter private property to seize animals when there is evidence of animal cruelty, neglect or need for quarantine. This is often done over the angry and sometimes violent objections of the owners that put ACOs in dangerous situations. Despite the duties of enforcing felony animal welfare laws, there is not standardized training for ACOs in the powers of arrest and serving warrants. In fact, security guards have stricter training requirements in these powers than ACOs do. All ACOs should have basic training in approaching potentially dangerous situations, be better prepared to address combatant animal owners and know the boundaries of their duties. *************** (More) SB 1278 (Leno) Page 11