BILL ANALYSIS Ó
AB 546
Page 1
Date of Hearing: April 7, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
546 (Gonzalez) - As Introduced February 23, 2015
SUMMARY: Provides that a probation department may apply to
either the Commission on Peace Officer Standards and Training
(POST) or the Board of State Community Corrections (BSCC) to
become a certified provider of specified training courses for
becoming peace officers under California law.
EXISTING LAW:
1)Provides that every person described in this chapter as a
peace officer shall satisfactorily complete an introductory
training course prescribed by the Commission on Peace Officer
Standards and Training. On or after July 1, 1989, satisfactory
completion of the course shall be demonstrated by passage of
an appropriate examination developed or approved by the
commission. Training in the carrying and use of firearms shall
not be required of a peace officer whose employing agency
prohibits the use of firearms. (Pen. Code, § 832, subd. (a).)
2)Provides that every peace officer described in this chapter,
prior to the exercise of the powers of a peace officer, shall
have satisfactorily completed the specified training course.
(Pen. Code, § 832, subd. (b)(1).)
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3)Provides that every specified peace officer may satisfactorily
complete the training required by this section as part of the
training prescribed. (Pen. Code, § 832, subd. (b)(2).)
4)Provides that persons described in this chapter as peace
officers who have not satisfactorily completed the specified
course shall not have the powers of a peace officer until they
satisfactorily complete the course. (Pen. Code, § 832, subd.
(c).)
5)Provides that a peace officer who, on March 4, 1972, possesses
or is qualified to possess the basic certificate as awarded by
the Commission on Peace Officer Standards and Training is
exempted from this section. (Pen. Code, § 832, subd. (d).)
6)Requires all peace officers to complete an introductory course
of training prescribed by POST, demonstrated by passage of an
appropriate examination developed by POST. (Pen. Code, § 832,
subd. (a).)
7)Establishes the Commission on Peace Officer Training and
Standards. (Pen. Code, § 13500.)
8)Empowers POST to develop and implement programs to increase
the effectiveness of law enforcement. (Pen. Code, §13503.)
9)Authorizes POST, for the purpose of raising the level of
competence of local law enforcement officers, to adopt rules
establishing minimum standards related to physical, mental and
moral fitness and training that shall govern the recruitment
of any peace officers in California. (Pen. Code, § 13510,
subd. (a).)
10)Requires POST to conduct research concerning job-related
educational standards and job-related selection standards to
include vision, hearing, physical ability, and emotional
stability and adopt standards supported by this research.
(Pen. Code, § 13510, subd. (b).)
11)Requires POST to establish a certification program for peace
officers, which shall be considered professional certificates.
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(Pen. Code, § 13510.1, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "The work of
probation departments has become an essential part of our
public safety blueprint in California. To ensure we are
meeting local and regional training demands for our officers,
Assembly Bill 546 would authorize these departments to submit
the PC 832 course for certification to either POST or the
Board of State and Community Corrections. Allowing probation
departments to have another option for certification will
better facilitate the delivery and coordination of courses,
giving County probation departments across the state the
ability to choose what best fits their training needs."
2)POST Training Requirements Generally: POST was created by the
legislature in 1959 to set minimum selection and training
standards for California law enforcement. (Pen. Code, §
13500, subd. (a).) Their mandate includes establishing
minimum standards for training of peace officers in
California. (Pen. Code § 13510, subd. (a).) As of 1989, all
peace officers in California are required to complete an
introductory course of training prescribed by POST, and
demonstrate completion of that course by passing an
examination. (Pen. Code, § 832, subd. (a).)
According to the POST Web site, the Regular Basic Course
Training includes 42 separate topics, ranging from juvenile
law and procedure to search and seizure. [POST, Regular Basic
Course Training Specifications;
< http://post.ca.gov/regular-basic-course-training-specification
s.aspx >.] These topics are taught during a minimum of 664
hours of training. [POST, Regular Basic Course, Course
Formats, available at:
[< http://post.ca.gov/regular-basic-course.aspx .] Over the
course of the training, individuals are trained not only on
policing skills such as crowd control, evidence collection and
patrol techniques, they are also required to recall the basic
definition of a crime and know the elements of major crimes.
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This requires knowledge of the California Penal code
specifically.
3)Peace Officer "Arrest and Firearm" Training Course: The
introductory training course prescribed in Penal Code section
832, subdivision (a) is commonly referred to as the "PC 832
Arrest and Firearms" course and is the minimum training
standard required of California peace officers in order to
exercise peace officer powers, namely those of making arrests
and using and carrying firearm throughout the state (with
specified exceptions). According to POST, this course is the
"entry-level training requirement for many California peace
officers." (Regular Basic Course, POST
[as of Apr. 1,
2014].) The course can be completed through a
664-hour-minimum Standard Format training or a
730-hour-minimum Modular Format, which can be taken over an
extended period of time. (Ibid.) The curriculum for the
course is divided among 41 topics called "Learning Domains,"
which "contain the minimum required foundational information
for given subjects." (Ibid.) The Learning Domains include
the following topics: leadership, professionalism, and ethics;
criminal justice system; policing in the community; laws of
arrests; search and seizure; presentation of evidence;
investigative report writing; use of force; crime scene,
evidence, and forensics; arrest and control; firearms/chemical
agents; and cultural diversity/discrimination. (PC 832 Arrest
and Firearms Training Specifications, POST
< http://post.ca.gov/pc-832-arrest-and-firearms-training-specifi
cations.aspx > [as of Apr. 1, 2014].)
4)BSCC Training: Board of State and Community Corrections'
(BSCC) currently provides training for probation departments
through their Standards and Training for Corrections (STC)
program. Under current law, the BSCC provides all of the
training probation departments receive other than the PC 832
training that must be completed through a POST certified
program. The current BSCC Standards & Training for
Corrections (STC) program focuses on two main training areas:
a) Core training program - six courses, depending on
classification, for corrections staff employed in local
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jails and probation departments.
http://www.bscc.ca.gov/s_stcaboutcoretrainingprogram.php
b) Annual training program - mandatory annual training that
is based on the needs related to the employee's job
classification. http://www.bscc.ca.gov/s_stcservices.php
(e.g. Family Finding and Engagement Skill Building
Workshop, From Prisons to Probation, Mentally Disordered
Inmates: Effective Skills for Corrections Staff, etc)
5)Probation Departments and Lack of Vacancies: According to the
proponents of the bill, there is a significant waiting list
for probation department officers to receive the basic "PC
832" training due to a lack of vacancies in existing classes
which are offered by other agencies. By permitting BSCC to
certify courses for probation departments, probation officers
would no longer have such significant waiting times in order
to be properly trained pursuant to the requirements of Penal
Code section 832.
6)Argument in Support: According to The Chief Probation
Officers of California, "Under existing law, probation
officers are required to complete a course of training
certified by the Commission on Peace Officer Standards and
Training (POST) prior to being sworn in as a peace officer.
This training requirement includes the PC 832 Arrest and
Firearms Course , which consists of a minimum of 64 hours
learning domains such as use of force, laws of arrest, search
and seizure, investigate report writing, arrest methods and
other topics.
"In order for a department to offer a PC 832 course, the
courts and trainer must be certified by POST. This course is
the only training that probation departments must obtain
through POST. The rest of the probation training is done
through the Board of State and Community Corrections' (BSCC)
Standards and Training for Corrections (STC) program.
Probation departments across the state are facing significant
access issues to attending this particular PC 832 training.
This is due to fewer courses being offered over the last few
years, attendance slots can be difficult to identify for
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non-POST agencies and therefore not available when probation
seeks registration, and travel challenges in regions where
fewer courses are offered.
"A recent informal survey of 22 counties showed that half of
those counties have experienced difficulty in gaining access
to PC 832 training within the last year, with seven of those
counties having officers on formal waitlists for courses.
"17 of the 22 respondents have to send officers out of county
at a cost of $500-1,700 per officers due to costs associated
with mileage, meals, lodging, and tuition. The cost will vary
by the distance of travel required and the length of time.
"Despite the abovementioned training needs, additional courses
have not been considered for certification. This is causing
new hires to delay the start of their service. In some areas
for several months, and is forcing numerous departments to
send personnel out of county which can be time-consuming and
expensive.
"To ensure we are meeting local and regional training demands,
AB 546 would authorize probation departments to submit their
course for certification to either POST or the Board of State
and Community Corrections for the purpose of training
probation officers.
"Allowing probation to seek certification through the BSCC
will better facilitate the delivery and coordination of
courses as departments and training officers work regularly
with the BSCC's STC program for all other training."
7)Prior Legislation: AB 1860 (V. Manual Perez), Chapter 87,
Statutes of 2014, provided that a probation department that is
a certified provider of a specified peace officer introductory
training course on arrests and firearms prescribed by the
Commission on Peace Officer Standards and Training (POST) is
not required to offer the course to the general public.
REGISTERED SUPPORT / OPPOSITION:
Support
AB 546
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Chief Probation Officers of California (Sponsor)
California Probation, Parole, and Correctional Association
L.A. County Probation Officers Union
Riverside Sheriffs' Association
Opposition
None
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744