BILL ANALYSIS SB 911 Date of Hearing: August 24, 1993 Counsel: Dawn Johnson ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bob Epple, Chair SB 911 (Calderon) - As Proposed to be Amended in Committee ISSUES: I. SHOULD THE SHERIFFS HAVE SOLE AND EXCLUSIVE AUTHORITY FOR KEEPING THE JAILS AND THE PRISONERS THEREIN? II. SHOULD ALL CUSTODIAL OFFICERS WORKING WITHIN A COUNTY JAIL BE UNDER THE EXCLUSIVE AND SOLE AUTHORITY OF THE SHERIFF? III. SHOULD A COUNTY BE PROHIBITED FROM FORCING A DEPUTY SHERIFF OR OTHER PEACE OFFICER EMPLOYED IN A CUSTODIAL FACILITY FROM BECOMING A CUSTODIAL OFFICER OR OTHER PUBLIC OFFICER? IV. SHOULD SANTA CLARA CUSTODIAL OFFICERS BE SUBJECT TO THE SAME TRAINING REQUIREMENTS AS THOSE IN OTHER SPECIFIED COUNTIES? DIGEST Under current law: 1) The board of supervisors of any county may, by resolution, establish a department of corrections, to be appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to the institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. (Government Code section 23013.) 2) A custodial officer is a public officer, not a peace officer, employed š by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility. (Penal Code section 831.) 3) Custodial officers in San Diego County, Fresno County, or counties š with a population of 425,000 or less though not peace officers, have the right to carry firearms while performing certain specified functions under the direction of a sheriff or chief of police. - continued - SB 911 Page 1 SB 911 (Penal Code section 831.5.) 4) Custodial officers in the aforementioned counties must complete the š peace officer's standard and training course (Penal Code section 832) within 90 days of their assignment, and satisfy the selection and training standards set out for local correction and probation officers (Penal Code section š6035) within one year of initial assignment as a custodial officer. š(Penal Code section 831.5.) 5) The sheriff shall take charge of and keep the county jail and š prisoners in it. (Government Code section 26605.) This bill: 1) Provides that the sheriff's authority over the jails shall be sole and š exclusive authority, and places all custodial officers under the jurisdiction of the sheriff. 2) Prohibits any deputy sheriff from being forced to become a custodial š or other officer involuntarily. 3) Provides that the above referenced laws relating to custodial š officers, in specified counties, shall also apply to the custodial officers of Santa Clara County. COMMENTS 1) Purpose. According to the author: The California State Constitution mandates that every county in this state have an elected sheriff. The sheriff is a constitutional officer. This legislation provides that in every county, except Alpine - which has no jail facility, the sheriff will be solely responsible for the operation of the county jail facility and the prisoners in it. When citizens are deprived of their freedom and detained against their will, the citizenry of this state should only have to contact one elected official to seek redress for any unlawful acts of mismanagement committed against inmates in a county jail facility. Presently in California, only three counties have correctional facilities not under the jurisdiction of the sheriff. One of these counties is seriously contemplating returning the county jail facilities back to the sheriff. This legislation will provide for uniform operation of all county jail facilities in this state. - continued - SB 911 Page 2 SB 911 2) Need. According to the bill's sponsors, certain county š jurisdictions have divested the sheriff's legislated responsibility to oversee jail operations by setting up a separate department of corrections and appointing a department head to oversee the jail operation under the direction of the board of supervisors. Similarly, certain counties have displaced sheriff deputies, working within the county jails, and replaced them with less trained non- peace officer custodial officers. According to proponents of the bill, sheriff's, as elected, officials are more directly accountable to the voters in whose interest it is for jails to run safely and efficiently. 3) Custodial Officers. By placing the custodial officers of Santa š Clara County within section 831.5 of the Penal Code, this bill will require them to complete the peace officer's standards and training course within 90 days of their assignment. They will also have to satisfy the selection and training standards set out for local correction and probation officers within one year of initial assignment as custodial officers. 4) Firearms. Under this bill, Santa Clara county custodial Officers will have no right to carry or possess firearms in the performance of his or her prescribed duties, except under the direction of the sheriff or chief of police, while engaged in transporting prisoners, guarding hospitalized prisoners, or suppressing jail riots, lynchings, escapes, or rescues in or about detention facilities falling under the care and custody of the sheriff or chief of police. 5) Legislative History. Two bills attempting to grant broader powers š to custodial officers have failed. In 1977, SB 1244 sought to give custodial officers full peace officers powers (6 Sen. J. (1977-1978 Reg. Sess.) Similarly, AB 1997 failed in its attempt to grant peace officer status. (2 Assem. Final Hist. (Reg. Sess. 1979-1980.) SOURCE: Peace Officers Research Association Los Angeles Deputy Sheriffs' Association SUPPORT: California State Sheriffs' Association California Peace Officers Association California Police Chief's Association OPPOSITION: None on file. - continued - SB 911 Page 3