SB 1406, as amended, Wolk. Correctional Officers: Napa County.
Under existing law, a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a county having a population of 425,000 or less, or by certain specified counties, including Santa Clara County, and that officer has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility. Existing law requires custodial officers to undergo specified training, and authorizes those officers to perform specified duties, including, among others, serving warrants, court orders, writs, and subpoenas in the detention facility, and maintaining custody of prisoners and related tasks. Existing law authorizes custodial officers employed by the Santa Clara County Department of Corrections to perform certain additional duties in a detention facility in that county, including, but not limited to, searching property, cells, prisoners, or visitors.
This bill would, upon resolution by the Napa County Board of Supervisors, authorize custodial officers employed by the Napa County Department of Corrections to perform certain additional duties in a facility located in Napa County similar to those described above for Santa Clara County correctional officers. The bill would prohibit its provisions from being construed to authorize the performance of any law enforcement activity involving any person other than an inmate or his or her visitors. The bill would also include a related statement of legislative intent.
This bill would make legislative findings and declarations as to the necessity of a special statute for Napa County.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 831.5 of the Penal Code is amended to
(a) As used in this section, a custodial officer is a public
4officer, not a peace officer, employed by a law enforcement agency
5of San Diego County, Fresno County, Kern County, Stanislaus
6County, Riverside County, Santa Clara County, Napa County, or
7a county having a population of 425,000 or less who has the
8authority and responsibility for maintaining custody of prisoners
9and performs tasks related to the operation of a local detention
10facility used for the detention of persons usually pending
11arraignment or upon court order either for their own safekeeping
12or for the specific purpose of serving a sentence therein. Custodial
13officers of a county shall be employees of, and under the authority
14of, the sheriff, except in counties in which the sheriff, as of July
151, 1993, is not in charge of and the sole and exclusive authority to
16keep the county jail and the prisoners in it. A custodial officer
17includes a person designated as a correctional officer, jailer, or
18other similar title. The duties of a custodial officer may include
19the serving of warrants, court orders, writs, and subpoenas in the
20detention facility or under circumstances arising directly out of
21maintaining custody of prisoners and related tasks.
22(b) A custodial officer has no right to carry or possess firearms
23in the performance of his or her prescribed duties, except, under
24the direction of the sheriff or chief of police, while engaged in
25transporting prisoners; guarding hospitalized prisoners; or
26suppressing jail riots, lynchings, escapes, or rescues in or about a
27detention facility falling under the care and custody of the sheriff
28or chief of police.
P3 1(c) Each person described in this section as a custodial officer
2shall, within 90 days following the date of the initial assignment
3to that position, satisfactorily complete the training course specified
4in Section 832. In addition, each person designated as a custodial
5officer shall, within one year following the date of the initial
6assignment as a custodial officer, have satisfactorily met the
7minimum selection and training standards prescribed by the Board
8of State and Community Corrections pursuant to Section 6035.
9Persons designated as custodial officers, before the expiration of
10the 90-day and one-year periods described in this subdivision, who
11have not yet completed the required training, shall not carry or
12possess firearms in the performance of their prescribed duties, but
13may perform the duties of a custodial officer only while under the
14direct supervision of a peace officer, as described in Section 830.1,
15who has completed the training prescribed by the Commission on
16Peace Officer Standards and Training, or a custodial officer who
17has completed the training required in this section.
18(d) At any time 20 or more custodial officers are on duty, there
19shall be at least one peace officer, as described in Section 830.1,
20on duty at the same time to supervise the performance of the
22(e) This section shall not be construed to confer any authority
23upon any custodial officer except while on duty.
24(f) A custodial officer may use reasonable force in establishing
25and maintaining custody of persons delivered to him or her by a
26law enforcement officer; may make arrests for misdemeanors and
27felonies within the local detention facility pursuant to a duly issued
28warrant; may make warrantless arrests pursuant to Section 836.5
29only during the duration of his or her job; may release without
30further criminal process persons arrested for intoxication; and may
31release misdemeanants on citation to appear in lieu of or after
33(g) Custodial officers employed by the Santa Clara County
34Department of Correction are authorized to perform the following
35additional duties in the facility:
36(1) Arrest a person without a warrant whenever the custodial
37officer has reasonable cause to believe that the person to be arrested
38has committed a misdemeanor or felony in the presence of the
39officer that is a violation of a statute or ordinance that the officer
40has the duty to enforce.
P4 1(2) Search property, cells, prisoners or visitors.
2(3) Conduct strip or body cavity searches of prisoners pursuant
3to Section 4030.
4(4) Conduct searches and seizures pursuant to a duly issued
6(5) Segregate prisoners.
7(6) Classify prisoners for the purpose of housing or participation
8in supervised activities.
9These duties may be performed at the Santa Clara Valley Medical
10Center, or at other health care facilities in the County of Santa
11Clara, as needed and only as they directly relate to guarding
12in-custody inmates. This subdivision shall not be construed to
13authorize the performance of any law enforcement activity
14involving any person other than the inmate or his or her visitors.
36 Nothing in this section shall authorize a custodial officer to
37carry or possess a firearm when the officer is not on duty.
39 It is the intent of the Legislature that this section, as it relates
40to Santa Clara
begin delete Countyend delete, enumerate specific
P5 1duties of custodial officers (known as “correctional officers” in
begin delete Countyend delete) and to clarify the
3relationships of the correctional officers and deputy sheriffs in
begin delete Santa Clara Countyend delete. These duties are the same duties
5of the custodial officers prior to the date of enactment of Chapter
6635 of the Statutes of 1999 pursuant to local rules and judicial
7decisions. It is further the intent of the Legislature that all issues
8regarding compensation for custodial officers remain subject to
9the collective bargaining process between the
begin delete County of Santa and the authorized bargaining representative for
11the custodial officers. However, nothing in this section shall be
12construed to assert that the duties of custodial officers are
13equivalent to the duties of deputy sheriffs nor to affect the ability
14of the county to negotiate pay that reflects the different duties of
15custodial officers and deputy sheriffs.
16(j) This section shall become operative on January 1, 2003.
17(k) (1) Upon resolution by the Napa County Board of
18Supervisors, custodial officers employed by the Napa County
19Department of Corrections are authorized to perform all of the
20following duties in a facility located in that county:
21(A) Arrest a
person without a warrant whenever the custodial
22officer has reasonable cause to believe that the person to be arrested
23has committed a misdemeanor or felony in the presence of the
24officer that is a violation of a statute or ordinance that the officer
25has the duty to enforce.
26(B) Search property, cells, prisoners, or visitors.
27(C) Conduct strip or body cavity searches of prisoners pursuant
28to Section 4030.
29(D) Conduct searches and seizures pursuant to a duly issued
31(E) Segregate prisoners.
32(F) Classify prisoners for the purpose of housing or participation
33in supervised activities.
34(2) This subdivision shall not be construed to authorize the
35performance of any law enforcement activity involving any person
36other than an inmate or his or her visitors.
37(3) It is the intent of the Legislature that this subdivision, as it
38relates to Napa County, enumerate specific duties of custodial
39officers (known as “correctional officers” in Napa County) and to
40clarify the relationships of the correctional officers and deputy
P6 1sheriffs in that county. These duties are the same duties of the
2custodial officers prior to the date of enactment of Chapter 635 of
3the Statutes of 1999 pursuant to local rules and judicial decisions.
4It is further the intent of the Legislature that all issues regarding
5compensation for custodial officers remain subject to the collective
6bargaining process between Napa County and the authorized
7bargaining representative for the custodial officers. However,
8nothing in this subdivision shall be construed to assert that the
9duties of custodial officers are equivalent to the duties of deputy
10sheriffs nor to affect the ability of the county to negotiate pay that
11reflects the different duties of custodial officers and deputy sheriffs.
The Legislature finds and declares that a special law
13is necessary and that a general law cannot be made applicable
14within the meaning of Section 16 of Article IV of the California
15Constitution because of the unique circumstances that exist in
16Napa County, where the Napa County Department of Corrections,
17rather than the County of Napa Sheriff’s Department, has
18jurisdiction over the Napa County Jail facility.