BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1406
                                                                  Page  1


          Date of Hearing:   June 10, 2014
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                     SB 1406 (Wolk) - As Amended:  April 22, 2014


           SUMMARY  :  Permits officers employed by the Napa County  
          Department of Corrections (DOC) to perform additional duties.   
          Specifically,  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)Provides that custodial officers employed by Napa 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  
               pursuant to Section 4030;

             d)   Conduct searches and seizures pursuant to a duly issued  
               warrant;

             e)   Segregate prisoners; and,

             f)   Classify prisoners for the purpose of housing or  
               participation in supervised activities.








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           EXISTING LAW  :  
           
           1)States that all cities and counties are authorized to employ  
            custodial officers (public officers who are not peace  
            officers) for the purpose of maintaining order in local  
            detention facilities.  (Pen. Code, § 831.)  

           2)Provides 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 in this section  
            with specified authority for custodial officers who are  
            employed by the Santa Clara County DOC.   These custodial  
            officers are public officers, not peace officers. (Pen. Code,  
            § 831.5 subds. (a) & (g).)  

           3)Provides enhanced powers custodial officers may carry firearms  
            under the direction of the sheriff while fulfilling specified  
            job-related duties.  (Penal Code § 831.5(b).)  This section  
            does not authorize a custodial officer to carry or possess a  
            firearm when the officer is not on duty.  (Pen. Code, § 831.5  
            subd. (i).)  

           4)Provides enhanced powers custodial officers are empowered to  
            serve warrants, writs, or subpoenas within the custodial  
            facility, and, as with regular custodial officers, they may  
            use reasonable force to establish and maintain custody, and  
            may release from custody misdemeanants on citation to appear  
            or individuals arrested for intoxication who are not subject  
            to further criminal proceedings.  And, these custodial  
            officers are allowed to make warrantless arrests within the  
            facility pursuant to Section 836.5 (misdemeanor in the  
            presence of the officer). (Pen. Code, § 831.5 subds. (a) &  
            (f).)  

           5)Requires that every enhanced powers custodial officer complete  
            the training course described in Pen. Code, § 832  
            (introductory course of training prescribed by the Commission  
            on Peace Officer Standards and Training).  (Pen. Code, § 831.5  
            subd. (c).)  

           6)Requires a peace officer to be present in a supervisorial  
            capacity whenever 20 or more custodial officers are on duty.   








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            (Pen. Code, § 831.5 subd. (d).)  

           7)Provides that custodial officers employed by the Santa Clara  
            County DOC are authorized to perform the following additional  
            duties in the facility: (Pen. Code, § 831.5 subd. (g).)  

              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  
               pursuant to Section 4030;  

              d)   Conduct searches and seizures pursuant to a duly issued  
               warrant;  

              e)   Segregate prisoners; and,  

              f)   Classify prisoners for the purpose of housing or  
               participation in supervised activities.  

           8)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.   
            (Pen. Code, § 831.5 subd. (i).)  

          FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "SB 1406 seeks  








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            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)."

           2)Similarities Between Santa Clara County and Napa County  :  On  
            June 6, 1988, Santa Clara transferred control of its jails  
            from the sheriff to the county DOC.  In 1999, Santa Clara was  
            given the ability to utilize enhanced power custodial  
            officers.  Santa Clara sought legislative intervention due to  
            years of confusion and litigation regarding the status of the  
            county's custodial officers,

               The California Supreme Court decided a dispute which  
               arose in Santa Clara County regarding the power of the  
               Santa Clara County Director of Corrections to confer  
               limited peace officer status on some deputies when  
               staffing fell below limits required by law.  The  
               Supreme Court held that "[t]he Legislature has made  
               clear its intention to retain the exclusive power to  
               bestow peace officer status on state, county and city  
               employees.  Since that chapter [Chapter 4.5 of the  
               Penal Code, sections 830 et seq.] does not authorize  
               the director of a county jail facility to designate  
               custodial officers as peace officers, the director's  
               action cannot be sustained."  County of Santa Clara v.  
               Deputy Sheriffs' Association of Santa Clara County,  
               (1992) 3 Cal. 4th 873, 886.  Santa Clara County found  
               itself in this situation after the voters changed the  
               county charter in 1988 to transfer control of the  
               jails out of the jurisdiction of the sheriff and  
               instead to the County Department of Corrections.  Id.  
               at p. 876.  The lawful way for Santa Clara County  








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               custodial officers to gain peace officer powers not  
               currently granted them by state law requires enacting  
               another state law.  (Assembly Committee on Public  
               Safety Analysis,  SB 1019 (Vasconcellos), Chapter 635,  
               Statutes of 1999)


            Like Santa Clara, the Napa County DOC was separated from the  
            Sheriff's Department by the Board of Supervisors in 1975.   
            They were the first in the state of California to become a  
            civilian-run facility, and are currently one of two in the  
            state not operated by the Sheriff's Department.  While Napa  
            County has a population less than 425,000, the county is not  
            able to utilize enhanced powers custodial officers because the  
            penal code requires that the custodial officers be employed by  
            a law enforcement agency.  (See generally Pen. Code, § 831.5.)  
               This legislation would not turn Napa County custodial  
            officers into peace officers, but would instead give the  
            custodial officers the enhanced powers described above.  

           3)Argument in Support  :  According to the  Napa County Board of  
            Supervisors  , "On behalf of the Napa County Board of  
            Supervisors, I am pleased to inform you of the Board's  
            sponsorship and support for SB 1406 (Wolk) which 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).

            "The Napa County Department of Corrections was separated from  
            the Sheriff's Department by the Board of Supervisors in 1975.   
            Napa was the first in the state of California to become a  
            civilian-run facility, and is currently one of two in the  








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            state not operated by the Sheriff's Department.  While Napa  
            County has a population less than 425,000, the county is not  
            able to utilize enhanced powers custodial officers because the  
            penal code requires that the custodial officers be employed by  
            a law enforcement agency.  SB 1404 would not turn Napa County  
            custodial officers into peace officers, but would instead give  
            the custodial officers some enhanced powers. This arrangement  
            is similar to that already in law for Santa Clara County. 

            "This constraint on Napa's classification status impedes the  
            ability of the County to retain officers, who are frequently  
            lured away by competing agencies who offer limited peace  
            officer status to correctional officers- which inhibit public  
            safety within the County. 

            "This legislative remedy is already successful in counties  
            with a population of 425,000 or less and San Diego, Fresno,  
            Kern, Riverside, Stanislaus and Santa Clara Counties. For the  
            reasons stated, Napa County seeks to be added to this list of  
            Counties through SB 1406 (Wolk) and respectfully requests your  
            "aye" vote when it comes before your committee." 

           4)Prior Legislation  :  

             a)   SB 1019 (Vasconcellos), Chapter 635, Statutes of 1999,   
               added Santa Clara County to those counties with a  
               population of 425,000 or less which, by virtue of  
               population, are eligible to utilize "enhanced power"  
               custodial officers, as specified.

             b)   SB 1695 (Beall), Chapter 575, Statutes of 2010, extended  
               the authority of custodial officers in Santa Clara County  
               to perform specified duties not only at the Santa Clara  
               Valley Medical Center, but at other health care facilities  
               in the County of Santa Clara, as needed and only as they  
               directly relate to guarding in-custody inmates.  
           



          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








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          Napa County Board of Supervisors

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744