Senate Bill No. 1406

Introduced by Senator Wolk

February 21, 2014

An act to amend Section 830.55 of the Penal Code, relating to correctional officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1406, as introduced, Wolk. Training.

Existing law sets forth the selection and training standards for peace officers, including, but not limited to, local correctional officers with responsibilities over operating, and maintaining the custody of inmates or wards in, prescribed custodial facilities.

This bill would make a technical, nonsubstantive change.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 830.55 of the Penal Code is amended to
read:

830.55.  

(a) (1) As used in this section, a correctional officer
is a peace officer, employed by a city, county, or city and county
that operates a facility described in Section 2910.5 of this code or
Section 1753.3 of the Welfare and Institutions Code or facilities
operated by counties pursuant to Section 6241 or 6242 of this code
under contract with the Department of Corrections and
Rehabilitation or the Division of Juvenile Justice within the
department, who has the authority and responsibility for
maintaining custody of specified state prison inmates or wards,
and who performs tasks related to the operation of a detention
facility used for the detention of persons who have violated parole
or are awaiting parole back into the community or, upon court
order, either for their own safekeeping or for the specific purpose
of serving a sentence therein.

(2) As used in this section, a correctional officer is also a peace
officer, employed by a city, county, or city and county that operates
a facility described in Section 4115.55, who has the authority and
responsibility for maintaining custody of inmates sentenced to or
housed in that facility, and who performs tasks related to the
operation of that facility.

(b) A correctional officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties, except,
under the direction of the superintendent of the facility, while
engaged in transporting prisoners, guarding hospitalized prisoners,
or suppressing riots, lynchings, escapes, or rescues in or about a
detention facility established pursuant to Section 2910.5 or 4115.55
of this code or Section 1753.3 of the Welfare and Institutions Code.

(c) Each person described in this section as a correctional officer,
within 90 days following the date of the initial assignment to that
position, shall satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a correctional
officer, within one year following the date of the initial assignment
as an officer, shall have satisfactorily met the minimum selection
and training standards prescribed by the Board of State and
Community Corrections pursuant to Section 6035. Persons
designated as correctional officers, before the expiration of the
90-day and one-year periods begin delete described end delete begin insert set forth end insert in this subdivision,
who have not yet completed the required training, may perform
the duties of a correctional officer only while under the direct
supervision of a correctional officer who has completed the training
required in this section, and shall not carry or possess firearms in
the performance of their prescribed duties.

(d) This section shall not be construed to confer any authority
upon a correctional officer except while on duty.

(e) A correctional 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, and may make warrantless arrests
pursuant to Section 836.5 only during the duration of his or her
job.