BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 546        Hearing Date:    June 23, 2015    
          
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          |Author:    |Gonzalez                                             |
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          |Version:   |June 15, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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               Subject:  Peace Officers: Basic Training Requirements 



          HISTORY

          Source:   Chief Probation Officers of California

          Prior Legislation:AB 1860 (V. Manual Perez)  Chapter 87,  
          Statutes of 2014

          Support:  Contra Costa County Board of Supervisors; Los Angeles  
                    County Probation Officers; Riverside Sheriffs  
                    Association; California Probation, Parole and  
                    Correctional Association

          Opposition:None known

          Assembly Floor Vote:                 78 - 0


          PURPOSE

          The purpose of this bill is to prohibit the Commission on Peace  
          Officer Standards and Training (POST), when it is evaluating a  
          certification request from a probation department for the  
          training course prescribed in Penal Code section 832, to: (1)  
          consider the need and justification for the training course; or  
          (2) require that there be an identifiable and unmet need for the  







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          training course as a condition of certifying the training  
          course.

          Existing law requires every peace officer, as specified, except  
          those whose employing agency prohibits the use of firearms, to  
          satisfactorily complete an introductory POST-prescribed  
          introductory training course and that satisfactory completion of  
          the course is to be demonstrated by passage of an appropriate  
          POST-developed or approved examination.  (Penal Code § 832(a).)

          Existing law requires every peace officer, as specified, to  
          satisfactorily complete the course described above prior to  
          exercising the powers of a peace officer, and states that peace  
          officers who have not satisfactorily completed the introductory  
          training course do not have peace officer powers until they  
          satisfactorily complete the course.  (Penal Code §§ 832 (b) and  
          (c).)

          Existing law requires any person completing the introductory  
          training course described above who does not become employed as  
          a peace officer within 3 years from the date of passing the  
          examination, or who has a 3 year or longer break in service as a  
          peace officer, to pass the examination prior to exercising peace  
          officer powers, except for any person who meets any of the  
          following requirements: 

                 Is returning to a management position that is at the  
               second level of supervision or higher;
                 Has successfully requalified for a basic course through  
               the POST;
                 Has maintained proficiency through teaching the  
               introductory training course described above;
                 During the break in California service, was continuously  
               employed as a peace officer in another state or at the  
               federal level; or,
                 Has previously satisfactorily completed the introductory  
               training course and passed the appropriate examination; has  
               been appointed as a peace officer, as specified; and has  
               been continuously employed as a custodial officer, as  
               defined, by the agency making the peace officer appointment  
               since completing the introductory training course.  (Penal  
               Code § 832(e).)

          Existing law authorizes POST, notwithstanding any other law, to  








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          charge appropriate fees, not exceeding actual costs, for the  
          examination required to demonstrate satisfactory completion of  
          the introductory training course to each applicant who is not  
          sponsored by a local or other law enforcement agency; is not a  
          peace officer employed by, or under consideration for employment  
          by, a state or local agency, department, or district; or is not  
          a custodial officer, as defined.  (Penal Code § 832(g).)

          Existing law states that a probation department that is a  
          certified provider of the training course is not required to  
          offer the course to the general public.  (Penal Code § 832(h).)

          Under existing regulation POST administers the Course  
          Certification Program to provide needed and quality training to  
          law enforcement personnel.  References to a course being  
          "POST-certified" means that the POST has approved presentation  
          of the course in accordance with POST regulations.  (11 CCR 1051  
          (2015).)

          Existing regulation states each instructor-led training  
          (Web-based, classroom, or other) course certification request  
          shall be evaluated in accordance with the following factors:

                 Need and Justification for Course

                 Course Content

                 Hours of Instruction

                 Qualification of Instructors, Coordinators, and/or  
               Academy Staff (Reference Regulations 1070 and 1071 for  
               minimum training standards)

                 Potential Clientele and Volume of Trainees

                 Physical Facilities Appropriate for the Training

                 Methods of Course Presentation

                 Availability of Staff to Administer the Course

                 Course Evaluation Processes

                 Cost of Course








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                 Instructor/Trainee Ratios

                 Provisions for Student Safety

          (11 CCR 1052 (2015).)

          This bill prohibits POST, when it is evaluating a certification  
          request from a probation department for the training course  
          prescribed in Penal Code section 832, to: (1) consider the need  
          and justification for the training course; or (2) require that  
          there be an identifiable and unmet need for the training course  
          as a condition of certifying the training course.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity." (  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).








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          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.  Need for This Legislation

          According to the author:

               According to the Chief Probation Officers of  
               California, probation departments across the state are  
               facing challenges meeting the PC 832 firearms and  
               arrest course requirement for their officers to become  
               fully sworn. Probation departments do all of their  
               mandated training to become an officer through the  
               Board of State and Community Corrections  (BSCC),  
               except for the PC 832 course-which is required to be  
               certified by the Commission on Peace Officer Standards  
               and Training (POST). 









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               A recent informal survey of 22 counties showed that  
               half of them 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. Locally, in some jurisdictions  
               the only choice is via the local junior college, which  
               may be structured differently and require a semester  
               long commitment usually held in the evening for four  
               hours a week. In certain regions, particularly smaller  
               counties, there are no local courses offered which  
               then require departments to send officers out of  
               county to the nearest training facility.  

               Despite the abovementioned training needs, additional  
               courses have not been considered for certification by  
               POST. To ensure we are meeting local and regional  
               demands, AB 546 would allow probation departments that  
               have met all other training and testing  
               specifications, and that are willing to pay for  
               putting on the course, the ability to be certified by  
               POST even if their internal view of "needs" is not  
               met. Operationally, this is what has been happening.  
               POST doesn't see a need for more courses yet probation  
               is asking to be certified and willing to do what is  
               necessary to start these trainings. Allowing probation  
               departments to get courses certified will give County  
               probation departments across the state the ability to  
               decide what best fits their training needs.

               AB 546 will not impact other agencies such as police  
               and sheriffs with their trainings or course offerings.  

          
          2.  Effect of Legislation 

          This legislation would allow a probation department to have an  
          introductory peace officer course certified by POST, without  
          having to show a need or justification for the course.  The  
          Chief Probation Officers of California (CPOC), who are the  
          sponsors of this legislation state: 

               Probation departments across the state are facing  
               significant access issues to attending this particular  
               PC 832 training. This is due to fewer courses being  








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               offered over the last few years, attendance slots can  
               be difficult to identify for 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 the 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 officer due to costs associated with  
               mileage, meals, lodging and tuition. The cost will  
               vary by the distance of travel required and length of  
               time. This is causing new hires to delay the start of  
               their service, in some cases for several months, and  
               is forcing numerous departments to send personnel out  
               of county which can be time-consuming and expensive.  

               CPOC has been in conversations with POST toward this  
               end and while we appreciate the efforts of the current  
               POST administration to address these concerns, it is  
               important that we address this legislatively to  
               mitigate this in future years and find lasting  
               resolution. 

               Despite the abovementioned training needs, additional  
               courses have not been certified at this time. This is  
               due in part to current POST regulatory requirements  
               that state that "only those courses for which there is  
               an identifiable and unmet need shall be certified."  
               POST determines needs based off of the number of  
               courses offered, available participant slots, and  
               vacancies, but it does not take into account the  
               unique issues that non-POST agencies like probation  
               face. Therefore, probation departments have a  
               difficult time fitting the POST regulatory definition  
               of the needs assessment for a variety of reasons. As  
               such, we are seeking to remove this requirement for  
               purposes of probation course certification without  
               removing the other training and course requirements so  
               that probation departments can offer the same level of  
               training more efficiently. 








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          According to information provided by POST, "prior to Riverside  
          County, Santa Clara County Probation Department was the only  
          probation department that sought course certification for the PC  
          832 course. Santa Clara was able to show a demonstrated need and  
          certification was granted in July 2006. The last two classes  
          Santa Clara held were in September 2014 and April 2015 with 10  
          and 16 attendees respectively. In 2013/2014 Riverside County  
          requested certification . . . but did not show a demonstrated  
          need. . ."  

          In determining an identifiable and unmet training need, POST  
          considers:
          
                 Is there a demonstrated ongoing unmet need expressed by  
               a survey of agencies, Training Needs Assessment, and a  
               commitment of trainees/students?
                 Are there existing courses available locally or that can  
               be imported into the area to meet this need?
                 Will this course adversely impact another similar course  
               locally or statewide (student distribution and/or fiscal  
               considerations)?
                 Is the course an expressed priority by legislation,  
               commission regulation or policy?
                 Is the course content an appropriate training subject  
               for POST certification?
                 Is there required POST standardized curriculum?
                 Is there a demonstrated ability of the presenter to  
               deliver the course?
                 Are there other factors and/or circumstances to be taken  
               into consideration? 

          With regard to Riverside, POST states, "[t]hey were denied  
          certification until recently when Chief Hake met with POST staff  
          and demonstrated the need for the course. Riverside has since  
          been approved for certification."  POST is not aware of any  
          additional probation departments that have applied for  
          certification and have been denied.  

          SHOULD POST BE PROHIBITED FROM REQUIRING A PROBATION DEPARTMENT  
          TO DEMONSTRATE A NEED AND JUSTIFICATION IN ORDER TO HAVE A BASIC  
          TRAINING COURSE CERTIFIED? 










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