BILL ANALYSIS Ó
AB 1289
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Date of Hearing: April 21, 2015
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1289 (Cooper) - As Amended April 16, 2015
SUMMARY: Require the Commission on Peace Officer Standards and
Training (POST) to conduct a study of community policing and
engagement programs, efforts, strategies, and policies in the
state, and to report its findings the Legislature.
Specifically, this bill:
1)Requires POST to conduct a study to determine the
effectiveness of community policing and engagement programs,
efforts, strategies, and policies in the state, including, but
not limited to, police activities leagues, neighborhood watch,
and integrated policing.
2)Requires POST to report its findings with regard to the study
to the Legislature by December 31, 2017.
3)States that the report must comply with the requirements for
submission of reports by state or local agencies.
EXISTING LAW:
1)Establishes POST. (Pen. Code, § 13500.)
2)Empowers POST to develop and implement programs to increase
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the effectiveness of law enforcement. (Pen. Code, §13503.)
3)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).)
4)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).)
5)Requires POST to establish a certification program for peace
officers, which shall be considered professional certificates.
(Pen. Code, § 13510.1, subd. (a).)
6)Requires POST to undertake a feasibility study when a person
or persons desire peace-officer status, or a person or persons
desire a change in peace-officer designation or status. (Pen.
Code, § 13540.)
7)Requires POST to develop regulations and professional
standards for the operation of law enforcement agencies.
(Pen. Code, § 13551.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1289 helps
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California take stock of community policing efforts, programs,
policies and best practices statewide in order to reevaluate,
recommit, and renew a focus on sustaining and enhancing
trusting community-police relationships with all segments of
the community."
2)Community Policing: "Community policing is, in essence, a
collaboration between the police and the community that
identifies and solves community problems. With the police no
longer the sole guardians of law and order, all members of the
community become active allies in the effort to enhance the
safety and quality of neighborhoods. Community policing has
far-reaching implications. The expanded outlook on crime
control and prevention, the new emphasis on making community
members active participants in the process of problem solving,
and the patrol officers' pivotal role in community policing
require profound changes within the police organization. The
neighborhood patrol officer, backed by the police
organization, helps community members mobilize support and
resources to solve problems and enhance their quality of life.
Community members voice their concerns, contribute advice,
and take action to address these concerns. Creating a
constructive partnership will require the energy, creativity,
understanding, and patience of all involved." (See U.S.
Department of Justice, Bureau of Justice Assistance,
Understanding Community Policing: A Framework for Action, p.
vii.)
A recent report from the United States Conference of Mayors
notes, "Recent events have demonstrated that, despite
instituting community policing in many departments and
realizing substantial reductions in the crime rate in many
cities, mistrust between the police and the communities they
serve and protect continues to be a challenge that must be
addressed." (See Strengthening Police Community Relations in
America's Cities, Jan. 22, 2015,
< http://www.usmayors.org/83rdWinterMeeting/media/012215-report-
policing.pdf >.)
There are many examples of community policing taking place in
California. This bill requires POST to conduct a study to
determine the effectiveness of community policing and
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engagement programs, efforts, strategies, and policies in the
state.
3)POST: 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).) POST is also
tasked with developing and implementing programs to increase
the effectiveness of law enforcement. (Pen. Code, § 13503,
subd. (e).)
Does POST have the capabilities to conduct the study required by
this bill? Should another agency be tasked with conducting
the study?
4)Argument in Support: According to the Fraternal Order of
Police, California State Lodge, "The purpose of collecting and
analyzing this information is to ultimately improve community
outreach programs. These programs are critical in ensuring
that the community and local law enforcement agencies work in
partnership to improve public safety.
"The studies to be conducted by the LAO [sic] pursuant to AB
1289 will provide much needed data for the legislature to
consider in their future deliberations regarding the
maintenance, funding and establishment of such programs.
Better information will hopefully result in better programs."
5)Related Legislation: AB 1227 (Cooper) requires that POST
study and submit a report to the Legislature assessing the
status of training courses on peace officer interactions with
mentally ill or developmentally disabled persons. AB 1227
will be heard in this Committee today.
REGISTERED SUPPORT / OPPOSITION:
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Support
California Public Defenders Association
Fraternal Order of Police, California State Lodge
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
Opposition
None
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744