BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1406|
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THIRD READING
Bill No: SB 1406
Author: Wolk (D)
Amended: 4/22/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De León
SUBJECT : Correctional Officers: Napa County
SOURCE : Napa County
DIGEST : This bill allows custodial officers employed by the
Napa County Department of Corrections (DOC) to perform a variety
of new duties, as specified.
ANALYSIS :
Existing law:
1.States that in counties with a population of 425,000 or less -
and San Diego, Fresno, Kern, Riverside, and Stanislaus
counties - "enhanced powers" custodial officers may be
employed. Santa Clara County is also included with specified
authority for custodial officers who are employed by the Santa
Clara County DOC. These custodial officers are public
officers, not peace officers.
2.States that enhanced powers custodial officers may carry
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firearms under the direction of the sheriff while fulfilling
specified job-related duties, but does not authorize a
custodial officer to carry or possess a firearm when the
officer is not on duty.
3.Requires that every enhanced powers custodial officer complete
a training course, as specified.
4.Provides that custodial officers employed by the Santa Clara
County DOC are authorized to perform the following additional
duties in the facility:
A. Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to
be arrested has committed a misdemeanor or felony in the
presence of the officer that is a violation of a statute or
ordinance that the officer has the duty to enforce.
B. Search property, cells, prisoners, or visitors.
C. Conduct strip or body cavity searches of prisoners, as
specified.
D. Conduct searches and seizures pursuant to a duly issued
warrant.
E. Segregate prisoners.
F. Classify prisoners for the purpose of housing or
participation in supervised activities.
5.States that it is the intent of the Legislature, as it relates
to Santa Clara County, to enumerate specific duties of
custodial officers and to clarify the relationship of
correctional officers and deputy sheriffs in Santa Clara
County. And, that it is the intent of the Legislature that
all issues regarding compensation for custodial officers
remain subject to the collective bargaining process. The
language is, additionally, clear that it should not be
construed to assert that the duties of custodial officers are
equivalent to the duties of deputy sheriffs or to affect the
ability of the county to negotiate pay that reflects the
different duties of custodial officers and deputy sheriffs.
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This bill:
1.Authorizes, upon a resolution by the Napa County Board of
Supervisors, custodial officers employed by the Napa County
DOC to perform the same duties as Santa Clara custodial
officers.
2.Makes the existing Santa Clara County intent language
applicable to Napa County.
3.Contains uncodified intent language stating that a special law
is necessary, as specified.
Comments
According to the author:
SB 1406 seeks to address safety concerns raised by the
correctional officers employed at Napa County Jail.
Under existing law, the correctional officers employed at Napa
County jail are not classified as peace officers. As a
result, correctional officers are prohibited from performing
many of the procedures that enable peace officers to better
protect themselves and the inmate population. Unlike other
county jails, Napa County Jail is under the jurisdiction of
the Napa County Board of Supervisors, not the Sheriff. While
this arrangement has many benefits, and is working
particularly well in the context of realignment, it means that
the officers employed in the jail are not employed by the
Sheriff, and as such, are not peace officers (deputy
sheriffs).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/1/14)
Napa County (source)
JG:k 5/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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