BILL NUMBER: AB 2157 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 18, 2010
An act to amend Section 830.5 of the Penal Code, relating to peace
officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2157, as introduced, Logue. Parole and probation officers:
firearms: qualifications.
Existing law designates various persons as peace officers,
including parole officers of the Department of Corrections and
Rehabilitation or the Department of Juvenile Facilities, probation
officers of the Division of Juvenile Parole Operations, the Inspector
General of the Youth and Adult Correctional Agency or any internal
affairs investigator under the authority of the Inspector General,
certain other correctional and transportation officers having
custodial responsibilities in an institution operated by a probation
department, as specified, and other employees designated by the
Department of Corrections and Rehabilitation, as specified.
Existing law requires all peace officers generally, who carry
firearms, to complete training prescribed by the Commission on Peace
Officer Standards and Training (POST). In addition to this
requirement, existing law requires persons included in the above
class of peace officers, and who are permitted to carry firearms, to
qualify the firearm at least quarterly. Existing law requires that
this class of peace officers maintain their eligibility to carry
concealable firearms off duty.
This bill would remove the additional requirement that parole and
probation officers, as described above, be required to qualify their
firearms quarterly and the requirement to maintain their eligibility
to carry concealable firearms off duty. Under this bill, general
provisions regarding POST training that relate to peace officers in
general would continue to apply.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.5 of the Penal Code is amended to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
(a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) To the rendering of mutual aid to any other law enforcement
agency.
For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
(b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the Youth and
Adult Correctional Agency or any internal affairs investigator under
the authority of the Inspector General or any employee of the
Department of Corrections designated by the Director of Corrections
or any correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 12025.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e)
(d) The Department of Corrections shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
(f)
(e) The Director of Corrections shall promulgate
regulations consistent with this section.
(g)
(f) "High-risk transportation details" and "high-risk
escape details" as used in this section shall be determined by the
Director of the Youth Authority, or his or her designee. The
director, or his or her designee, shall consider at least the
following in determining "high-risk transportation details" and
"high-risk escape details": protection of the public, protection of
officers, flight risk, and violence potential of the wards.
(h)
(g) "Transportation detail" as used in this section
shall include transportation of wards outside the facility,
including, but not limited to, court appearances, medical trips, and
interfacility transfers.