BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:    SB 872        Hearing Date:    April 5, 2016    
          
           ----------------------------------------------------------------- 
          |Author:    |Hall                                                 |
          |-----------+-----------------------------------------------------|
          |Version:   |January 14, 2016                                     |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |No               |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:| JRD                                                 |
          |           |                                                     |
           ----------------------------------------------------------------- 


               Subject:  Local Law Enforcement:  Supplemental Services



          HISTORY

          Source:   Los Angeles County Sheriff

          Prior Legislation:AB 2164 (La Suer)  Chapter 87, Statutes of  
          2006. 
                         SB 1313 (Margett)  Chapter 224, Statutes of 2002
                         SB 1024 (Johnston)  no vote taken, Assembly Local  
          Government (1995)
                               AB 2482 (Young)  Chapter 953, Statutes of  
          1982

          Support:   California Police Chiefs Association; California State  
          Sheriffs' Association

          Opposition:Association of Independent California Colleges and  
                    Universities; 
                     
          PURPOSE
          
          The purpose of this bill is to allow the board of supervisors of  
          any county to contract on behalf of the sheriff of that county,  
          and the legislative body of any city to contract on behalf of the  
          chief of police of that city, to provide supplemental law  
          enforcement services to private schools, private colleges, and  







          SB 872  (Hall )                                                   
          Page 2 of ?
          
          
          private universities on an occasional or ongoing basis.
          
          Under existing law the board of supervisors of any county may  
          contract on behalf of the sheriff of that county, and the  
          legislative body of any city may contract on behalf of the chief  
          of police of that city, to provide supplemental law enforcement  
          services to:

                 Private individuals or private entities to preserve the  
               peace at special events or occurrences that happen on an  
               occasional basis.

                 Private nonprofit corporations that are recipients of  
               federal, state, county, or local government low-income  
               housing funds or grants to preserve the peace on an ongoing  
               basis.

                 Private entities at critical facilities on an occasional  
               or ongoing basis. A "critical facility" means any building,  
               structure, or complex that in the event of a disaster,  
               whether natural or manmade, poses a threat to public safety,  
               including, but not limited to, airports, oil refineries, and  
               nuclear and conventional fuel powerplants.

          (Government Code § 53069.8(a).)

          Under existing law contracts entered into must provide for full  
          reimbursement to the county or city of the actual costs of  
          providing those services, as determined by the county auditor or  
          auditor-controller, or by the city, as the case may be.   
          (Government Code § 53069.8(b).)
                                                                             
                  Existing law requires that the services provided pursuant  
          to any such contract be rendered by regularly appointed full-time  
          peace officers, as defined in Section 830.1 of the Penal Code.    
          Services provided in connection with special events or  
          occurrences, as specified, may be rendered by Level I reserve  
          peace officers, as defined in paragraph (2) of subdivision (a) of  
          Section 830.6 of the Penal Code, who are authorized to exercise  
          the powers of a peace officer, as defined in Section 830.1 of the  
          Penal Code, if there are no regularly appointed full-time peace  
          officers available to fill the positions as required in the  
          contract.  (Government Code § 53069.8(c).)









          SB 872  (Hall )                                                   
          Page 3 of ?
          
          
          Existing law requires that peace officer rates of pay be governed  
          by a memorandum of understanding.  (Government Code §  
          53069.8(d).)

          Existing law requires that any such contract encompass only law  
          enforcement duties and not services authorized to be provided by  
          a private patrol operator, as defined.  (Government § Code  
          53069.8(e).)

          Existing law requires that contracts for law enforcement  
          services, as authorized by this section, not reduce the normal  
          and regular ongoing service that the county, agency of the  
          county, or city otherwise would provide.  (Government Code §  
          53069.8(f).)

          Existing law provides that prior to contracting for ongoing  
          services the board of supervisors or legislative body, as  
          applicable, must discuss the contract and the requirements of  
          this section at a duly noticed public hearing.  (Government Code  
          § 53069.8(g).)

          This bill would allow the board of supervisors of any county to  
          contract on behalf of the sheriff of that county, and the  
          legislative body of any city to contract on behalf of the chief  
          of police of that city, to provide supplemental law enforcement  
          services to private schools, private colleges, and private  
          universities on an occasional or ongoing basis.

                     RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several 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:   








          SB 872  (Hall )                                                   
          Page 4 of ?
          
          

                 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 December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February 2015."  
           (Defendants' December 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).)  One year ago, 115,826  
          inmates were housed in the State's 34 adult institutions, which  
          amounted to 140.0% of design bed capacity, and 8,864 inmates were  
          housed in out-of-state facilities.  (Defendants' December 2014  
          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).)  
           
          While significant gains have been made in reducing the prison  
          population, the state 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








          SB 872  (Hall )                                                   
          Page 5 of ?
          
          
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.Need for This Bill

          According to the author: 

               Schools, colleges and universities throughout the United  
               States have seen a tragic increase in acts of violence and  
               domestic terrorism on campus. In 2015 alone, there were 23  
               shootings on college campuses across the country that caused  
               the deaths of seventeen people and injured another 27. 

               In response to these tragic events, some individuals have  
               irresponsibly suggested that schools should arm faculty or  
               administrative staff with guns as a line of defense on  
               campus. Going even further, there has been a suggestion that  
               students on college campuses should be allowed to openly  
               carry loaded weapons. Such reckless decisions fly in the  
               face of the intent of California's Gun Free School Zones and  
               would only make school campuses less safe by increasing the  
               number of firearms in the hands of untrained and unprepared  
               individuals.


               SB 872 would authorize a local law enforcement agency to  
               enter into contracts with private schools, colleges, and  
               universities to provide law enforcement services. 

               Just as local law enforcement can currently contract with  
               public school districts, colleges, and universities to  
               provide on campus security services, SB 872 will allow a  
               private school, college, or university to also benefit from  
               the professionalism and skill offered by trained law  
               enforcement officers, should they desire. 

               SB 872 ensures those trained law enforcement officers, not  
               untrained civilians, are able to promptly address an act of  
               violence or domestic terrorism on a school campus and is a  
               responsible step to keep students, faculty, staff and the  








          SB 872  (Hall )                                                   
          Page 6 of ?
          
          
               public safe while on a school or university campus.

          2.  History of Government Code Section 53069.8
           
           Prior to the 1982 enactment of Government Code Section 26228 by  
          Chapter 953, Statutes of 1982, there was no explicit authority  
          for a county to contract with private individuals or entities to  
          provide supplemental law enforcement services. Section 26228  
          provided that authority for contracts at special events and  
          occurrences that happen on an occasional basis.  It appears that  
          the authority was added for the Los Angeles Summer Olympics.   
          Section 26288 was renumbered to the existing section 53069.8 by  
          Chapter 307, Statutes of 1986.

          SB 1024 (Johnston) was introduced in 1995 to add a new Government  
          Code section 53069.82 that would have allowed contracts with  
          private parties to preserve the peace at private business  
          premises.  A vote never occurred on SB 1024 in the Assembly Local  
          Government Committee.  The Senate Committee on Criminal Procedure  
          analysis of SB 1024 - hearing date: April 25, 1995 - contained  
          the following in Comment #1:

               At the request of constituents, last year the author asked  
               Legislative Counsel whether or not a county is authorized to  
               enter into a contract with private business to administer an  
               auxiliary security services delivery system. The facts  
               presented included off-duty deputy sheriffs engaging in  
               private employment as security guards or patrolpersons on a  
               compensated basis with the private employer directly  
               reimbursing the off-duty deputies and all other costs being  
               borne by the county.

               Legislative Counsel opined:  no.

               The same conclusion was reached in Attorney General's  
               Opinion No. 84-204 (July 19, l985) which found that "Neither  
               cities, counties, nor their heads of law enforcement have  
               authority to contract with private parties for regular  
               ongoing private security services."

          Government Code Section 53069.8 was then amended in 2002 (SB 1313  
          (Margett) Chapter 224, Statutes of 2002) to: (1) add two new  
          groups with whom local governments may enter contracts for  
          supplemental services to be provided, and (2) expand the  








          SB 872  (Hall )                                                   
          Page 7 of ?
          
          
          permissible scope of the contracts to allow that such services  
          may be provided on an ongoing basis.  Specifically, SB 1313  
          permitted contracts with "private nonprofit corporations that are  
          recipients of federal, state, county, or local government  
          low-income housing funds or grants to preserve the peace on an  
          ongoing basis" as well as with private entities at critical  
          facilities on an occasional or ongoing basis.  A "critical  
          facility" is defined as any building, structure, or complex that  
          in the event of a disaster, whether natural or manmade, poses a  
          threat to public safety, including, but not limited to, airports,  
          oil refineries, and nuclear and conventional fuel powerplants.

          3.  Effect of This Bill
          
          This bill would allow payment under contract for law enforcement  
          services that a local sheriff or city police chief could  
          otherwise provide as a matter of regular policing.  This bill  
          adds to existing law another circumstance in which contracts may  
          be established to provide supplemental law enforcement services  
          to private entities.  Specially, this bill allows law enforcement  
          to contract to provide services to private schools, private  
          colleges, and private universities on an occasional or ongoing  
          basis. However, the local police agency would still have the  
          responsibility to provide police services, with or without a  
          supplemental contract.

          Given that 58 counties and 482 cities in California would be able  
          to use section 53069.8 as it is proposed to be amended, is it  
          clear in what circumstances this bill might be utilized?  Is it  
          possible that there is at least some risk that this bill may lead  
          to law enforcement decisions on the basis of the ability to pay  
          for at least some sites and locations?  This bill adds a new  
          circumstance where contracts may be established for services  
          provided on an ongoing basis.  Is there realistically any way for  
          those services to be provided on an ongoing basis without  
          impacting "the normal and regular ongoing services" as is  
          prohibited in the existing statute in subdivision (f)?

          4.  Argument in Opposition

          The Association of Independent California Colleges and  
          Universities states:

               I am writing to express our opposition to your Senate Bill  








          SB 872  (Hall )                                                   
          Page 8 of ?
          
          
               (SB) 872.  While we greatly appreciate your concern for the  
               safety of students and campuses, and the support our local  
               law enforcement agencies provide higher education  
               institutions, we believe this legislation would create  
               unnecessary confusion for our institutions that already have  
               agreements with their local law enforcement agencies.

               California's independent, nonprofit higher education  
               institutions operate under Memorandums of Understanding,  
               pursuant to current penal codes, with their local police or  
               sheriff's departments that allow them varying degrees of  
               responsibilities, depending on the needs of the campus and  
               the agreement of their local law enforcement agency. Our  
               campuses, and their respective agencies, work closely on  
               these MOUs and they work well for our institutions. We are  
               not aware of any campuses who wish to use their local law  
               enforcement agency for full-time enforcement in a manner  
               that is consistent with the intent of this bill.

               Ultimately, we are very concerned that this legislation  
               would create unnecessary confusion for our institutions and  
               local law enforcement agencies regarding their current MOUs  
               and the services that are already provided to and by  
               campuses. For these reasons, we must respectfully oppose SB  
               872.

                                       -- END -