BILL ANALYSIS                                                                                                                                                                                                    



                                                                    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;








                                                                    SB 1127


                                                                    Page  2






             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  








                                                                    SB 1127


                                                                    Page  3





               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  








                                                                    SB 1127


                                                                    Page  4





            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).)








                                                                    SB 1127


                                                                    Page  5






          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).)








                                                                    SB 1127


                                                                    Page  6






          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  








                                                                    SB 1127


                                                                    Page  7





            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











                                                                    SB 1127


                                                                    Page  8







          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)  
          319-3744