BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2830


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          Date of Hearing:  April 19, 2016
          Counsel:               David Billingsley


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                        2830 (Salas) - As Amended  March 17, 2016




          SUMMARY:  Includes correctional officers who are employed by a  
          city or county in facilities that have arranged to house inmates  
          in the custody of the California Department of Corrections and  
          Rehabilitation and juveniles in the custody of the Division of  
          Juvenile Justice, within the Peace Officer Bill of Rights.  
          (POBOR)

          EXISTING LAW:  

          1)States that for purposes of the (POBR), the term "public  
            safety officer" means peace officers listed in specified  
            sections of the Penal Code. (Gov. Code,  3301.)

          2)Finds and declares that the rights and protections provided to  
            peace officers under POBR constitute a matter of statewide  
            concern. (Gov. Code,  3301.)

          3)Finds and declares that effective law enforcement depends upon  
            the maintenance of stable employer-employee relations between  
            public safety employees and their employers. (Gov. Code,   
            3301.)

          4)States that in order to assure that stable relations are  








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            continued throughout the state, and to further assure that  
            effective services are provided to all people of the state, it  
            is necessary that this chapter be applicable to all public  
            safety officers, as defined, wherever situated within the  
            State of California. (Gov. Code,  3301.)

          5)Specifies that any deputy sheriff of the County of Los  
            Angeles, and any deputy sheriff of the Counties of Butte,  
            Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern,  
            Kings, Lake, Lassen, Mariposa, Mendocino, Plumas, Riverside,  
            San Benito, San Diego, San Luis Obispo, Santa Barbara, Santa  
            Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter,  
            Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to  
            perform duties exclusively or initially relating to custodial  
            assignments with responsibilities for maintaining the  
            operations of county custodial facilities, including the  
            custody, care, supervision, security, movement, and  
            transportation of inmates, is a peace officer whose authority  
            extends to any place in the state only while engaged in the  
            performance of the duties of his or her respective employment  
            and for the purpose of carrying out the primary function of  
            employment relating to his or her custodial assignments, or  
            when performing other law enforcement duties directed by his  
            or her employing agency during a local state of emergency, is  
            covered by POBR. (Pen. Code,  830.1, subd. (c), Gov. Code,   
            3301.)

          6)Specifies that a correctional officer is a peace officer,  
            employed by a city, county, or city and county that operates a  
            facility, as specified, who has the authority and  
            responsibility for maintaining custody of state prison inmates  
            or juvenile inmates, and who performs tasks related to the  
            operation of a detention facility used for the detention of  
            persons who have violated parole or are awaiting parole back  
            into the community. (Pen. Code,  830.55, subd. (a)(1).) 

          7)Specifies that a correctional officer employed by a city or  
            county who has the authority and responsibility for  
            maintaining custody of inmates sentenced to or housed in a  
            facility which provides housing for inmates sentenced to a  
            county jail in community correctional facilities created to  
            house specified state prison inmates is also a peace officer.  








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            (Pen. Code,  830.55, subd. (a)(2).)

          8)States that upon agreement with the sheriff or director of the  
            county department of corrections, a board of supervisors may  
            enter into a contract with other public agencies to provide  
            housing for inmates sentenced to a county jail. (Pen. Code,   
            4115.55.)

          9)States that the Secretary of the Department of Corrections and  
            Rehabilitation may enter into an agreement with a city,  
            county, or city and county to permit transfer of prisoners in  
            the custody a jail or other adult correctional facility of the  
            city, county, or city and county, if the sheriff or  
            corresponding official having jurisdiction over the facility  
            has consented thereto. (Pen. Code,  2910, subd. (a).)

          10)Specifies that the Director of Corrections may enter into a  
            long-term agreement not to exceed 20 years with a city,  
            county, or city and county to place parole violators and other  
            state inmates in a facility which is specially designed and  
            built for the incarceration of parole violators and specified  
            state prison inmates. (Pen. Code,  2910.5.)

          11)Provides that the Director of the Youth Authority may enter  
            into an agreement with a city, county, or city and county, to  
            permit transfer of wards in the custody of the Director of the  
            Youth Authority to an appropriate facility of the city,  
            county, or city and county, if the official having  
            jurisdiction over the facility has consented. The agreement  
            shall provide for contributions to the city, county, or city  
            and county toward payment of costs incurred with reference to  
            the transferred wards. (Welf. & Inst. Code,  1753.3.)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "AB 2803 will  
            end the disparity that currently exists within Section 3301.   
            This bill will provide community correctional officers the  
            same protections other correctional officers currently have.   
            The intent of Section 3301 is to improve all phases of law  








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            enforcement by maintaining stable employee-employer relations  
            within law enforcement communities throughout the state.  AB  
            2803 will help provide needed due process."

            "In 2012, an emergency legislative act was signed into law, by  
            Governor Jerry Brown, which created a new classification of  
            Correction Officer for the newly created 'Modified Community  
            Correctional Facilities.' The facilities were created to deal  
            with the prisoner overcrowding in our State Correctional  
            Facilities. The legislative act is now Penal Code 830.55,  
            which defines this community correctional officer  
            classification and the scope of peace officer status that they  
            maintain.

            "When the law was passed, community corrections officers were  
            not included within the Peace Officers Bill of Rights (POBR)."
            
          2)Peace Officers Bill of Rights (POBR):  POBR provides peace  
            officers with procedural protections relating to investigation  
            and interrogations of peace officers, self-incrimination,  
            privacy, polygraph exams, searches, personnel files, and  
            administrative appeals.  When the Legislature enacted POBR in  
            1976 it found and declared "that the rights and protections  
            provided to peace officers under this chapter constitute a  
            matter of statewide concern."  The statute this bill seeks to  
            amend (Gov. Code,  3307.5.) was incorporated into POBR in  
            1999.

          3)POBR Covers Specified Peace Officers:  POBR covers a wide  
            variety of peace officers.  

          The list of peace officers currently covered includes:  

          Police officers and deputy sheriffs. (Pen. Code,  830.1.) 
          Specified deputy sheriffs that exclusively handle inmate  
            custody. (Pen. Code,  830.1.)
          California Highway Patrol Officers (Pen. Code,  830.2.) 
          Specified community college and school district police. (Pen.  
            Code,  830.32.)  
          BART Police, harbor or port police, transit police. (Pen. Code,  
             830.33.)  
          Municipal utitlity district and county water district security  








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            officers. (Pen. Code,  830.34.)  Welfare fraud or child  
            support investigator or inspector, as specified (Pen. Code,   
            830.35.)   Sargeant at Arms of each house of the Legislature.  
            (Pen. Code,  830.36.)  
          Members of an Arson Investigating Unit. (Pen. Code,  830.37.)  
          Officers of a state hospital under the jurisdiction of the State  
            Department of State Hospitals. (Pen. Code,  830.38.) 
          Parole Officers, probation officers, and correctional officers  
            for the California Department of Corrections and  
            Rehabilitation (CDCR). (Pen. Code,  830.5.)  
          (This list is not exhaustive)

          Deputy sheriffs, in specified counties, employed to perform  
            duties exclusively related to custodial assignments involving  
            the custody, care, supervision, security, movement, and  
            transportation of inmates are covered by POBR.  (Pen. Code,   
            830.1, subd. (c), Gov. Code,  3301.)  Those deputy sheriffs  
            have similar duties and responsibilities to the peace officers  
            described in this bill.  

          The peace officers specified in this bill also have  
            responsibilities that are purely custodial in nature.  The  
            individuals that they are responsible for supervising are  
            specified adult and juvenile inmates of the state correctional  
            system.  These individuals are either adults under the  
            authority of the California Department of Corrections and  
            Rehabilitation or juveniles under the authority of the  
            Division of Juvenile Justice. The state has contracted with  
            certain cities and counties for those jurisdictions provide  
            facilities for custodial supervision of the specified adult  
            and juvenile inmates.  Given the similarity to the  
            responsibilities of deputy sheriffs in certain counties that  
            are purely custodial officers, it would not be inconsistent to  
            cover the custodial peace officers specified in this bill  
            under POBR.

          4)Argument in Support:  According to The California Labor  
            Federation, "In 2011, to address prisoner overcrowding in  
            state correctional facilities Governor Brown signed the Public  
            Safety Realignment (Realignment).  Under Realignment,  
            community correctional facilities (CCFs) were given the  
            authority to contract with county jails to house low-level  








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            offender.  The position of CCF correctional officers was then  
            created for enforcing rules and keeping order within jails,  
            supervising activities of inmates, and inspecting facilities  
            to ensure that they meet security and safety standards.

          "CCF correctional officers must satisfactorily complete the same  
            training as state employed correctional officers and the scope  
            of their responsibilities and peace officer powers are equal  
            to that of State correctional officers.  However, state  
            correctional officers are protected under the Public Safety  
            officers Procedural Bill of Rights Act and CCF correctional  
            officers are not.

          "AB 2830 will add CCF correctional officers to the Public Safety  
            Officers Procedural Bill of Rights Act to ensure that CCF  
            correctional officers have the same rights and protections as  
            their equal counterpart, State employed correctional  
            officers."

          5)Argument in Opposition:  According to The California Public  
            Defenders Association, "This bill would include correctional  
            officers who are employed by a city, county, or city and  
            county in facilities with specific types of inmates, that  
            include, among others, parole violators and wards in the  
            custody of the Director of the Youth and Adult Correctional  
            Agency or Division of Juvenile Justice within the application  
            of the act, thereby creating a state-mandated local program by  
            imposing new duties on local agencies to follow the  
            requirements of the act with respect to these persons.

          "This bill would apply to all correctional officers who are  
            employed by a city or county. This is by virtue of the fact  
            that under the Realignment Law (AB 109) parole violators, with  
            some exceptions, are housed in local jails.

          "The news recently has been rife with examples of misconduct by  
            correction officers. In some cases, criminal charges have been  
            brought against correctional officers for the death of  
            inmate(s) (Santa Clara County). In another case, there have  
            been allegations that correctional officers have staged fights  
            between inmates. (San Francisco County)."









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          6)Related Legislation:  AB 1872 (Gray), would include deputy  
            sheriffs in the County of Merced within the definition of  
            peace officers that includes peace officers who are employed  
            to perform duties exclusively or initially relating to  
            custodial assignments with responsibilities for maintaining  
            the operations of county custodial facilities. AB 1872 is set  
            for hearing in the Assembly Public Safety Committee on April  
            19, 2016.

          7)Prior Legislation:  

             a)   AB 398 (Fox), of the Legislative Session of 2013-2014,  
               would have included coroners and deputy coroners within the  
               application of POBR. AB 398 was held in the Assembly  
               Appropriations Committee.

             b)   SB 522 (Chesbro), of the Legislative Session of  
               2001-2002, would have included within POBR, public officers  
               who are custodial officers employed by a law enforcement  
               agency of a city or county, other than Santa Clara County,  
               who have the authority and responsibility for maintaining  
               the custody of prisoners and who perform tasks related to  
               the operation of a local detention facility.  SB 522 was  
               held in the Senate Appropriations Committee.

          REGISTERED SUPPORT / OPPOSITION:

          Support

          California Labor Federation
          Communications Workers of America, District 9 AFL-CIO

          Opposition
          
          California Public Defenders Association  

          Analysis Prepared  
          by:              David Billingsley / PUB. S. / (916) 319-3744












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