BILL ANALYSIS Ó
SB 1127
Page 1
Date of Hearing: June 14, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1127 (Hancock) - As Amended April 6, 2016
SUMMARY: Requires the Commission on Correctional Peace Officers
Standards and Training (CPOST) to establish an Internet Web
site, as specified. Specifically, this bill:
1)Requires (CPOST) to establish and maintain an Internet Web
site to include the following:
a) Meeting minutes, agendas, and related supporting
documents;
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b) An archive of past meeting minutes, agendas, and related
supporting documents; and,
c) Documents to provide employees and the public with
greater access to professional development materials.
2)Mandates (CPOST) to transmit live video and audio of all of
its meetings via the Internet Web site, and shall also include
an archive of the video and audio of those meetings on its
Internet Web site.
EXISTING LAW:
1)Makes the following legislative findings and declarations:
a) The Legislature finds and declares that peace officers
of the state correctional system, including youth and adult
correctional facilities, fulfill responsibilities that
require creation and application of sound selection
criteria for applicants and standards for their training
prior to assuming their duties. For the purposes of this
section, correctional peace officers are peace officers as
defined in Penal Code Section 830.5 and employed by the
California Department of Corrections and Rehabilitation
(CDCR).
b) The Legislature further finds that sound applicant
selection and training are essential to public safety and
in carrying out CDCR's missions in the custody and care of
California's offender population. The greater degree of
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professionalism that will result from sound screening
criteria and a significant training curriculum will greatly
aid CDCR in maintaining smooth, efficient, and safe
operations and effective programs. (Pen. Code, § 13600,
subd. (a)(1), (2).)
2)Creates CPOST within the CDCR. (Pen. Code, § 13600, subd.
(b).)
3)Requires that the executive board of CPOST be composed of
voting members to be determined as follows:
a) Three members from, appointed by, and representing the
management of CDCR, one of whom shall represent the
Department of Juvenile Justice (DJJ) or the Division of
Rehabilitative Programming.
b) Three members from, and appointed by the Governor, and
representing the membership of the California Correctional
Peace Officers' Association (CCPOA). Two members shall be
rank-and-file persons from State Bargaining Unit 6 and one
member shall be supervisory. (Pen. Code, § 13600, subd.
(c)(1)(A) &(B)
4)States that appointment to the executive board of CPOST shall
be for a term of four years. (Pen. Code, § 13600, subd.
(c)(1)(C).)
5)Provides that the promotion of a member of CPOST shall
invalidate the appointment of that member and shall require
the recommendation and appointment of a new member if the
member was appointed from the rank and file or supervisory
personnel and promoted out of his or her respective rank and
file or supervisory position during his or her term on CPOST.
(Pen. Code, § 13600, subd. (c)(1)(D).)
6)States that each appointing authority shall appoint one
alternate member for each regular member it appoints. Every
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alternate member shall possess the same qualifications as a
regular member and shall substitute for, and vote in place of
a regular member who was appointed by the same appointing
authority whenever a regular member is absent. (Pen. Code, §
13600, subd. (c)(2).)
7)States the rules for voting on the executive board of CPOST as
follows:
a) Decisions shall be made by a majority vote;
b) Proxy voting shall not be permitted; and
c) Tentative approval of a decision may be taken by
telephone vote. The CPOST members' decision shall be
documented in writing and submitted to CPOST for
confirmation at the next scheduled CPOST meeting to become
part of the permanent record. (Pen. Code, § 13600, subd.
(d)(1)-(3).)
8)Provides that CPOST's executive board shall adopt rules as it
deems necessary for efficient operations, including, but not
limited to, the appointment of advisory members for forming
whatever subcommittee it deems necessary to conduct its
business. These rules shall be in conformance with the rules
and regulations of the State Personnel Board (SPB) and the
Department of Personnel Administration, and the provisions of
the State Bargaining Unit 6 Memorandum of Understanding.
(Pen. Code, § 13600, subd. (e).)
9)Requires CPOST to develop, approve and monitor standards for
the selection and training of state correctional peace officer
apprentices. States that these standards are subject to the
approval of the Department of Human Resources. (Pen. Code, §
13601, subd. (a).)
10) Allows CPOST to approve standards for a course in the
carrying and use of firearms for correctional peace officers.
(Pen. Code, § 13601, subd. (b).)
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11) Permits CPOST to determine the length of the probationary
period for correctional peace officer apprentices, subject to
approval by the State Personnel Board (SPB). (Pen. Code, §
13601, subd. (c).)
12) Requires CPOST to develop, approve and monitor standards
for advanced rank-and-file and supervisory state correctional
peace officer and training programs for CDCR. (Pen. Code, §
13601, subd. (d).)
13) Requires CPOST to develop, approve and monitor standards
for training California correctional peace officers in the
handling of stress associated with their duties. (Pen. Code,
§ 13601, subd. (e).)
14) Provides that CPOST may confer with, and may avail itself
of the assistance and recommendations of, other state and
local agencies, boards or commissions. (Pen. Code, § 13601,
subd. (f).)
15) Gives CPOST the authority to design, deliver and monitor
compliance of training programs, and conduct validation
studies thereon. (Pen. Code, § 13601, subd. (g).)
16) Allows CPOST to disapprove of any training courses created
by CDCR if CPOST determines that the courses do not meet the
prescribed standards. (Pen. Code, § 13601, subd. (h).)
17) Mandates that CPOST annually submit an estimate of the
costs to conduct inquiries and audits as may be necessary to
determine whether CDCR and each of CDCR's institutions and
parole regions are adhering to the standards developed by
CPOST. (Pen. Code, § 13601, subd. (i).)
18) States that CPOST shall establish and implement procedures
for reviewing and issuing decisions concerning complaints or
recommendations from interested parties. (Pen. Code, § 13601,
subd. (j).)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "This bill will
require the Commission on Correctional Peace Officer Standards
and Training within the Department of Corrections and
Rehabilitation to establish an Internet Web site, in order to
promote transparency and accountability. The Web site will
include meeting minutes, agendas, supporting documents and an
archive of past meeting minutes, agendas, supporting
documents, video and audio of past meetings. The bill would
also require the commission to transmit live video and audio
of all its meetings and include documents on the Web site to
provide employees and the public with greater access to
professional development materials.
"Therefore this bill is intended to provide the career officer
support necessary to create an excellent workforce under
California Department of Corrections and Rehabilitation. In
turn, this will increase employee wellness and professional
satisfaction to create safer and more effective institutions,
leading to inmate rehabilitation and reduced recidivism.
Ultimately, all of this will lead to safer communities."
2)Argument in Support: According to Legal Services for
Prisoners with Children, "SB 1127 increases the ability to
hold CDCR accountable for the performance of its peace
officers. Additionally, by requiring CPOST to publish
mandated information on a website, SB 1127 involves the
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general public, and establishes a more meaningful system of
accountability for California's correctional system. We, at
LSPC, believe that increased accountability and transparency
within the prison system is an essential first step to
addressing the systematic problems within our criminal justice
system. SB 1127's reform will, therefore, allow for more
responsible policies to be implemented and more effective
reform to follow."
REGISTERED SUPPORT / OPPOSITION:
Support
Legal Services for Prisoners with Children
Opposition
None
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Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744