BILL ANALYSIS
AB 1695
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Date of Hearing: March 2, 2010
Consultant: Meghan Masera
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1695 (Beall) - As Amended: February 24, 2010
SUMMARY : Allows the duties of custodial officers employed by
the Santa Clara County Department of Corrections to be performed
at other health care facilities in Santa Clara County, in
addition to duties performed at Santa Clara Valley Medical
Center.
EXISTING LAW :
1)Provides that all cities and counties are authorized to employ
custodial officers who are public officers but not peace
officers for the purpose of maintaining order in local
detention facilities. Custodial officers under this section
do not have the right to carry or possess firearms in the
performance of his or her duties. However, custodial officers
may use reasonable force to establish and maintain custody and
may make arrests for misdemeanors and felonies pursuant to a
warrant. (Penal Code Section 831.)
2)Provides that notwithstanding existing law, law enforcement
agencies in counties with a population of 425,000 or less and
the Counties of San Diego, Fresno, Kern, Riverside, Santa
Clara, and Stanislaus may employ custodial officers with
enhanced powers. The enhanced powers custodial officers are
empowered to serve warrants, writs, or subpoenas within the
custodial facility and, as with regular custodial officers,
use reasonable force to establish and maintain custody.
[Penal Code Section 831.5(a).]
3)Provides that custodial officers employed by Santa Clara
County Department of Corrections are authorized to perform
additional duties at the Santa Clara Valley Medical Center as
needed and only as they directly relate to guarding inpatient,
in-custody inmate [Penal Code Section 831.5(g)]:
a) Arrest a person without a warrant whenever the custodial
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officer has reasonable cause to believe that the person to
be arrested has committed a misdemeanor or felony in the
presence of the officer that is a violation of a statute or
ordinance that the officer has the duty to enforce [Penal
Code Section 831.5(g)(1)];
b) Search property, cells, prisoners, or visitors [Penal
Code Section 831.5(g)(2)];
c) Conduct strip or body cavity searches of prisoners
pursuant to section 4030 [Penal Code Section 831.5(g)(3)];
d) Conduct searches and seizures pursuant to a duly issued
warrant [Penal Code Section 831.5(g)(4)];
e) Segregate prisoners [Penal Code Section 831.5(g)(5)];
and,
f) Classify prisoners for the purpose of housing or
participation in supervised activities [Penal Code Section
831.5(g)(6)].
4)Provides that the enhanced powers custodial officers may carry
firearms under the direction of the sheriff while fulfilling
specified job-related duties such as while assigned as a court
bailiff, transporting prisoners, guarding hospitalized
prisoners, or suppressing jail riots, escapes, or rescues.
[Penal Code Section 831.5(b).]
5)Provides that every peace officer shall satisfactorily
complete an introductory course of training prescribed by
Peace Officers Standards and Training (POST) and that, after
July 1, 1989, satisfactory completion of the course shall be
demonstrated by passage of an appropriate examination
developed or approved by POST. [Penal Code Section 832(a).]
6)Provides that prior to the exercise of peace officer powers,
every peace officer shall have satisfactorily completed the
POST course. [Penal Code Section 832(b).]
7)Provides that a person shall not have the powers of a peace
officer until he or she has satisfactorily completed the POST
course. [Penal Code Section 832(c).]
8)Provides that any person completing the POST training who does
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not become employed as a peace officer within three years from
the date of passing the examination, or who has a three-year
or longer break in service as a peace officer, shall pass the
examination prior to the exercise of powers as a peace
officer. This requirement does not apply to any person who
meets any of the following requirements [Penal Code Section
832(e)(1)]:
a) Is returning to a management position that is at the
second level of supervision or higher [Penal Code Section
832(e)(2)(A)];
b) Has successfully requalified for a basic course through
POST [Penal Code Section 832(e)(2)(B)];
c) Has maintained proficiency through teaching the POST
course [Penal Code Section 832(e)(2)(C)];
d) Was continuously employed as a peace officer in another
state or at the federal level during the break in
California service [Penal Code Section 832(e)(2)(D)]; and,
e) Has previously met the testing requirement, has been
appointed a peace officer under existing law, and has
continuously been employed as a custodial officer since
completing the POST course. [Penal Code Section
832(e)(2)(E).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "This is a
simple district bill that would allow the County Department of
Corrections to maintain custody of individuals, clarify
correctional officers' authority and ensure public safety."
2)Background : Existing law authorizes the Santa Clara County
Department of Corrections to employ custodial officers (known
as "correctional officers" in Santa Clara County) to perform
their duties at Santa Clara Valley Medical Center while
guarding hospitalized inmates.
According to the author, "There are instances when individuals
in the Department's custody are hospitalized or receive
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medical treatment at other local hospitals or health care
facilities."
AB 1695 would change existing law to allow Santa Clara County
custodial officers to guard inmates at any hospital or health
care facility in Santa Clara County.
3)Arguments in Support : According to the Santa Clara County
Board of Supervisors , "State law provides the Santa Clara
County Department of Corrections' correctional officers with
specific authorities, including the ability to perform their
duties at Santa Clara Valley Medical Center (VMC) while
guarding hospitalized inmates. However, there are instances
when individuals in the Department of Corrections' custody
receive care or are hospitalized at other facilities. In a
recent three-month period, there were thirty-one occasions in
which inmates needed medical attention and received care at
facilities other than VMC and correctional officers escorted
and guarded these individuals. In six of these situations,
the inmates were hospitalized for multiple days."
4)Prior Legislation :
a) SB 1019 (Vasconcellos), Chapter 635, Statutes of 1999,
authorized custodial officers employed by the Santa Clara
County Department of Corrections to perform certain
additional duties that also may be performed at the Santa
Clara Valley Medical Center under specified circumstances.
b) SB 1880 (COPS), Chapter 606, Statutes of 1998, provided
that a custodial officer is a public officer, not a peace
officer, in specified counties or in a county with a
population of less than 425,000, and is an employee of and
under the authority of the sheriff, except in counties
where the sheriff does not have exclusive authority to keep
the county jail and its prisoners.
REGISTERED SUPPORT / OPPOSITION :
Support
Santa Clara County Board of Supervisors
Opposition
AB 1695
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None
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744