BILL ANALYSIS
AB 2157
Page 1
Date of Hearing: March 23, 2010
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2157 (Logue) - As Introduced: February 18, 2010
As Proposed to be Amended in Committee
SUMMARY : Allows probation officers and deputy probation
officers permitted to carry firearms, either on or off duty, to
qualify with the firearm at least every six months instead of
every three months.
EXISTING LAW :
1)Lists the following persons as 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. Except as specified, these peace officers may
carry firearms only if authorized and under those terms and
conditions specified by their employing agency: a parole
officer of the Department of Corrections and Rehabilitation
(CDCR) 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:
a) To conditions of parole or of probation by any person in
this state on parole or probation.
b) To the escape of any inmate or ward from a state or
local institution.
c) To the transportation of persons on parole or probation.
d) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties
of his or her employment.
AB 2157
Page 2
e) To the rendering of mutual aid to any other law
enforcement agency. [Penal Code Section 830.5(a).]
2)Permits parole officers of CDCR or the Department of the Youth
Authority, probation officers, deputy probation offices, or a
board coordinating parole agents employed by the Youthful
Offender Parole Board to carry firearms, either on or off
duty, if they meet the training requirements prescribed by the
Commission on Peace Officer Standards and Training (CPOST) 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. [Penal Code
Section 830.5(d).]
3)Allows the following persons to carry a firearm while not on
duty: a parole officer of CDCR or the Department of the Youth
Authority, a correctional officer or correctional counselor
employed by CDCR or any employee of the Department of the
Youth Authority having custody of wards or any employee of
CDCR designated by the Director of CDCR. 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 carrying a concealed weapon
within a vehicle or on his or her person. The director or
chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm. That person shall, upon
request, receive a hearing, as provided for in the negotiated
grievance procedure between the exclusive employee
representative and CDCR, the Department of the Youth
Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision. [Penal Code
Section 830.5(c).]
4)Requires every person described as a peace officer to
satisfactorily complete an introductory course of training
prescribed by CPOST on or after July 1, 1989; satisfactory
completion of the course shall be demonstrated by passage of
an appropriate examination developed or approved by the
commission. Training in the carrying and use of firearms
AB 2157
Page 3
shall not be required of any peace officer whose employing
agency prohibits the use of firearms. [Penal Code Section
832(a).]
5)Permits the Board of Corrections to adopt, and amend, rules
establishing minimum standards for the selection, and training
of probation officers and other correctional personnel,
employed by any city, county, or city and county who provide
for the custody, supervision, treatment or rehabilitation of
persons accused of, or adjudged responsible for, criminal or
delinquent conduct who are currently under local jurisdiction.
Minimum training standards may include, but are not limited
to, basic, entry, continuation, supervisory, management, and
specialized assignments. (Penal Code Section 6035.)
6)Requires new probation officers, within one year, to complete
174 hours of instruction in specific performance/instructional
objectives. (15 CCR Section 173).
7)Mandates probation officers to complete 40 hours of annual
training. (15 CCR Section 184).
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This optional
program provides flexibility to our probation officers without
sacrificing on their effectiveness. If adopted, these changes
would place probation officers on the same training level as
sheriff's deputies and police officers. AB 2157 will give
optional flexibility to our probation officers for testing
while still holding them to the same high standards."
2)Probation Officers : Pursuant to Penal Code Section 830.5, a
parole officer of CDCR 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 are a peace officers permitted to carry
and utilize firearms while on duty. Penal Code Section
830.5(d) requires all peace officers to satisfactorily
complete training in the laws of arrest and weaponless
defense.
Probation officers play a vital role in the criminal justice
AB 2157
Page 4
process, being charged with investigating and supervising
offenders. In addition to their role in assisting in the
rehabilitation and reintegration of probationers and parolees
into society, these officers are responsible for enforcing
court orders and protecting the public. In an effort to
facilitate community safety and offender accountability,
probation officers enforce probation conditions by conducting
unannounced home/field visits, administering drug tests,
executing searches and seizures, accompanying police in the
field on gang task force operations and probation/parole
sweeps, making arrests for violations of probation, and other
related activities.
The increased number of serious felons being granted probation
due to prison and jail overcrowding and the significant number
of probationers entrenched in violent gang lifestyles poses a
risk to the staff supervising this population in the
community. Probation offenders assigned to these units have
committed serious crimes including violent assaults, weapons
possession, high level narcotic manufacturing and sales, and
egregious sexual assault and sex offenses. In many cases,
these offenders are entrenched in criminal street gangs and
have a history of prior probation failures and/or
non-compliance. In addition to these risk factors, many of
these offenders are habitual drug abusers and associate with
other offenders who are either on probation or on parole
following release from state prison. Further, the families of
these offenders are often entrenched in the same or similar
lifestyles as the offenders who are supervised.
Probationers may also be on Global Positioning System (GPS),
which each require a high level of supervision in the
community. Furthermore, the supervision of all high-risk
cases, the contact frequency is designed to be high to ensure
compliance with court orders, including drug testing and
program enrollment, in order to detect probation violations
before new law violations are committed. The majority of
contacts made by probation or parole officers are made at the
offender's residence.
Although deputy probation officers are sometimes assisted by law
enforcement agencies, the vast majority of contacts are not
made with police assistance. The routine reliance on law
enforcement assistance is unrealistic, due to the volume of
contacts made by probation and the workload of local law
AB 2157
Page 5
enforcement. During these home visits, it is not uncommon for
a probation officer to find the offender under the influence
of, or in possession of, a controlled substance; associating
with other probationers or parolees; or in possession of
firearms or other dangerous weapons.
With the increasing number of felons not committed to state
prison due to overcrowding and the limitations imposed on
commitments made to the Division of Juvenile Justice (DJJ),
all probation officers are faced with an increasing caseload
with greater risks. As such, there is less time available for
quarterly qualifying firearm mandates. However, careful
consideration should be given. At a time when potential
occupational risks are increasing, should California reduce
firearm qualification requirements? On the other hand, this
bill allows county probation departments to mandate more
training than the required six months. Hence, counties can
still require quarterly firearm qualification.
3)Prior Legislation : AB 696 (Maddox), of the 2003-04 Legislative
Session, would have required additional, mandated testing and
training for probation officers and deputy probation officers
who carry firearms. AB 696 was held in the Assembly Committee
on Appropriations.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744