BILL ANALYSIS
AB 1695
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1695 (Beall)
As Amended July 1, 2010
Majority vote
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|ASSEMBLY: |69-0 |(March 15, |SENATE: |34-0 |(August 9, |
| | |2010) | | |2010) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments add deputy sheriffs employed by the county
of Santa Clara to provisions of law that specify that a deputy
sheriff employed to perform duties related to custodial
assignments is a peace officer whose authority extends to any
place in the state only while engaged in the performance of a
custodial assignment or related activity.
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.
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.
AB 1695
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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:
a) Arrest a person without a warrant whenever the custodial
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;
b) Search property, cells, prisoners, or visitors;
c) Conduct strip or body cavity searches of prisoners
pursuant to Penal Code Section 4030;
d) Conduct searches and seizures pursuant to a duly issued
warrant;
e) Segregate prisoners; and,
f) Classify prisoners for the purpose of housing or
participation in supervised activities.
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.
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.
AS PASSED BY THE ASSEMBLY , this bill allowed 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
AB 1695
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FISCAL EFFECT : None
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005253