BILL NUMBER: AB 1968 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Wieckowski
FEBRUARY 23, 2012
An act to amend Section 830.5 of the Penal Code, relating to peace
officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1968, as amended, Wieckowski. Peace officers.
Existing law designates various persons as peace officers,
including probation officers, parole officers, and parole agents, and
provides that their authority extends to certain duties, including
to the conditions of parole, probation, or postrelease community
supervision of a person in the state on parole, probation, or
postrelease community supervision, the escape of an inmate or ward
from a state or local institution, the transportation of persons on
parole, probation, or postrelease community supervision, and
violations of law that are discovered while performing his or her
duties. Existing law categorizes a probation officer as a peace
officer who may carry firearms only if authorized by his or her
employing agency, and under the terms and conditions specified by his
or her employing agency.
This bill would make technical, nonsubstantive changes to these
provisions.
The bill would require that a probation officer or deputy
probation officer responsible for a person on probation or
postrelease community supervision that is deemed to be high risk
pursuant to a risk-based assessment system be authorized to carry a
firearm while on duty and would provide that this authorization may
only be revoked by the chief probation officer for good cause, as
provided.
By imposing new duties on counties, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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, as
amended by Section 44 of Chapter 1124 of the Statues of 2002. 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 and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile 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, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole, probation, or
postrelease community supervision.
(4) To violations of any penal provisions of law that are
discovered while performing the usual or authorized duties of his or
her employment.
(5) (A) To the rendering of mutual aid to any other law
enforcement agency.
(B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, 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
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, 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.
(D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, 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 and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary 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 and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile 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 25400. 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 and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
(d) A probation officer or deputy probation officer responsible
for a person on probation or postrelease community supervision that
is deemed to be high risk pursuant to a risk-based assessment system
shall be granted an authorization to carry a firearm while on duty
unless that authorization is revoked by the chief probation officer
for good cause. If that authorization to carry a firearm is revoked,
the officer shall, upon request, receive a hearing as provided for in
the negotiated grievance procedure between the exclusive employee
representative and the county probation department to review the
chief probation officer's decision.
(d)
(e) 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)
(f) The Department of Corrections and Rehabilitation
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)
(g) The secretary shall promulgate regulations
consistent with this section.
(g)
(h) "High-risk transportation details" and "high-risk
escape details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, 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)
(i) "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.
(i)
(j) This section is operative January 1, 2012.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.