BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 546


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          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








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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