BILL ANALYSIS �
AB 1968
Page 1
Date of Hearing: April 24, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1968 (Wieckowski) - As Amended: March 29, 2012
FOR VOTE ONLY
SUMMARY : Requires that a probation officer or deputy probation
officer responsible for a person on probation or post-release
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.
EXISTING LAW :
1) Provides that in order to change peace officer
designation or status, the Commission on Peace Officers
Standards and Training (POST) must be requested to
undertake a study to assess the need for such a change.
Requires POST to undertake the study in accordance with its
regulations. �Penal Code Section 13540(b)]
2)Specifies that 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. 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: �Penal Code Section 830.5(a)]
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,
AB 1968
Page 2
the authority of these parole or probation officers shall
extend only as follows:
i) To conditions of parole, probation, or postrelease
community supervision by any person in this state on
parole, probation, or postrelease community supervision.
ii) To the escape of any inmate or ward from a state or
local institution.
iii) To the transportation of persons on parole,
probation, or postrelease community supervision.
iv) To violations of any penal provisions of the law
which are discovered while performing the usual or
authorized duties of his or her employment.
v) To the rendering of mutual aid to any other law
enforcement agency.
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
AB 1968
Page 3
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.
3)Provides that persons permitted to carry firearms pursuant to
this section, either on or off duty, shall meet specified
training requirements 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)]
4)States that 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. �Penal Code
Section 830.5(e)]
5)Provides that "high-risk transportation details" and
"high-risk escape details" 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.
AB 1968
Page 4
�Penal Code Section 830.5(f)]
6)Specifies that "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. �Penal Code Section
830.5(h)]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 109, signed
in 2011 by Governor Brown to help the state meet the U.S.
Supreme Court order to reduce overcrowding in our state
prisons, made significant changes to public safety policies in
our state. It shifts the responsibility for many adult
offenders from the state to the counties. It limits which
felons can be sent to state prison, thereby requiring that
more be managed by the counties.
"Rank and file probation officers are on the receiving end of
this significant public safety policy shift. They are
responsible for probationer and community supervision,
facilitating evidence-based programs, criminal investigation
(limited) court report submission, collection and restitution
of fines and referral to rehabilitation programs. This
enhanced public safety role has resulted in increased
caseloads for probation officers. They are a key cornerstone
of this important public policy realignment shift. AB 1968
would ensure that probation officers are authorized to be
armed if they are responsible for AB 109 realigned offenders
and 'high-risk' offenders. Their safety in personal meetings
with offenders who were traditionally supervised by parole
agents should be a high priority. AB 1968 will strengthen the
protection and personal safety of these officers."
2)A POST Feasibility Study Must be Undertaken Prior to Change in
Status : In order to change peace officer designation or
status, the Commission on Peace Officers Standards and
Training (POST) must be requested to undertake a study to
assess the need for such a change. Requires POST to undertake
the study in accordance with its regulations. �Penal Code
Section 13540(b).] In this case, deputy probation officers'
status would change from being authorized to carry firearms if
AB 1968
Page 5
authorized and under those terms and conditions specified by
their employing agency to 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.
POST is the organization authorized by the State of
California to look into these issues and as of the time of the
writing of this analysis, no indication has been given that
POST has conducted the required feasibility study.
3)Removes Discretion of Chief Probation Officers to Determine
Whether Deputies May Carry Firearms : Under current law,
deputy probation officers are peace officers whose authority
extends to any place in the state while engaged in the
performance of their duties in their respective employment and
for the purpose of carrying out the primary function of their
employment. Deputy probation officers may carry firearms only
if authorized and under those terms and conditions specified
by their employing agency: �Penal Code Section 830.5(a).]
This bill would change the designation of deputy probation
officers by requiring a probation officer or a deputy
probation officer responsible for a person on probation or
post-release 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. That change would take these officers
from a default position of not carrying firearms unless
granted that authority by their superiors to a default
position of carrying firearms unless their superiors can find
good cause to revoke that right. This bill would therefore
remove the discretion from chief probation officers in
determining whether to arm their deputies if the deputies
supervise high risk individuals on post-release community
supervision.
4)Many Deputy Probation Officers Supervise a Variety of
Individuals : Probation officers routinely supervise a variety
of individuals on misdemeanor probation (when required),
domestic violence probationers, felony probationers, and under
realignment those individuals on post-release supervision.
Probation officers will often have a mixed caseload of a
variety of these types of individuals. Under this
legislation, a probation officer who monitors just one
individual deemed high-risk would be granted the authority to
carry a firearm unless their supervisor can find good cause to
AB 1968
Page 6
revoke that privilege.
5)Argument in Support : According to the State Coalition of
Probation Organizations (SCOPO) , "As rank and file probation
officers, members of SCOPO are responsible for probationer and
community supervision, facilitating evidence-based programs,
court report submission, criminal investigation (limited),
collection and restitution of fines and referral to
rehabilitation programs. Members of SCOPO have been at the
receiving end of public safety realignment, which has resulted
in the transition of inmates formerly under the supervision of
state parole agents, to local probation officers. This has
created enhanced danger for probation officers every day.
Furthermore, realignment has resulted in an increased
caseload, as well as more sophisticated and high-risk
offenders for probation. Therefore, it is imperative that
probation officers have adequate tools to ensure our success
and, ultimately, the success of public safety realignment."
6)Argument in Opposition: According to the Chief Probation
Officers of California (CPOC) , "Current 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 is a critically important role of the Chief in
which they must put into place a policy to address a variety
of complex factors. This bill would mandate an action based
on only one factor and eliminates the Chief's discretion.
"Approximately 80% of county probation departments currently
have armed officers. Others continue to review the decision
on a case by case basis and when circumstances change. CPOC
is not against arming officers but it is crucial that such an
important decision be addressed at the local level and within
the entire context of issues that should be reviewed by each
Chief."
7)Related Legislation: AB 2623 (Allen) requires peace officers
at State Hospitals to carry firearms while performing assigned
functions outside of the secure treatment facilities. AB 2623
is set for a hearing in Assembly Public Safety on April 24,
2012.
REGISTERED SUPPORT / OPPOSITION :
AB 1968
Page 7
Support
Association for Los Angeles Deputy Sheriffs
Los Angeles County Probation Officers'
Union, AFCME, Local 685
Riverside Sheriffs' Association
State Coalition on Probation Organizations
Opposition
Chief Probation Officers of California
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744