BILL ANALYSIS �
AB 1968
Page 1
ASSEMBLY THIRD READING
AB 1968 (Wieckowski)
As Amended May 29, 2012
Majority vote
PUBLIC SAFETY 5-1 APPROPRIATIONS 17-0
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|Ayes:|Knight, Hall, Hagman, |Ayes:|Fuentes, Harkey, |
| |Mitchell, Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano | | |
| | | | |
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SUMMARY : Amends provisions relating to the authorization of
probation officers and deputy probation officers to carry
firearms. Specifically, this bill :
1)Provides that any probation officer or deputy probation
officer is authorized to carry a firearm, but only as
determined by the chief probation officer on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the chief probation officer.
2)Requires the chief probation officer to develop a policy for
arming probation officers who comprise high-risk caseloads no
later than June 30, 2013. This policy shall be implemented no
later than December 31, 2013.
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.
2)Specifies that the following persons are peace officers whose
AB 1968
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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:
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:
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
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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 Penal Code 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)State-reimbursable costs to local probation departments,
potentially in the range of several hundred thousands of
dollars for development of local plans.
2)Future costs, as a result of the continued discretion of the
Chief Probation Officer, would likely not be reimbursable, and
could range from minimal to millions of dollars, depending on
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each county's plan.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004003