BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 2130 (Gorell) - Military police officers: peace officer 
          training.
          
          Amended: August 6, 2012         Policy Vote: Public Safety 4-1
          Urgency: No                     Mandate: No
          Hearing Date: August 16, 2012                          
          Consultant: Jolie Onodera       
          
          SUSPENSE FILE.
          
          
          Bill Summary: AB 2130 would authorize the Commission on Peace 
          Officer Standards and Training (POST) to evaluate pertinent 
          military police officer training previously completed by any 
          jurisdiction's law enforcement officers for the purpose of 
          determining whether the training meets the current training 
          requirements prescribed by the Commission and would authorize 
          POST to consider previous military police officer training as 
          part of the Commission's basic course waiver process. This bill 
          would authorize the Commission to develop a protocol that 
          considers previous military police officer training as an 
          applicable substitute for portions of the current POST standard 
          training, as specified.

          Fiscal Impact: 
              Potential one-time costs in excess of $150,000 (General 
              Fund) over 15 to 18 months for POST to research, develop, 
              and validate a protocol, as specified.
              Potential ongoing annual costs of $206,000 (General Fund) 
              for program administration, including staffing for two 
              additional analyst positions to support the new process.

          Background: Existing law requires POST to establish minimum 
          standards for the training of peace officers in California. The 
          entry level training requirement for general law enforcement 
          peace officers in the state is the Regular Basic Course (RBC) 
          prescribed by POST. Peace officers must demonstrate completion 
          of that course by passing an examination developed or approved 
          by the Commission.

          The minimum content of the Regular Basic Course (RBC) covers 43 
          topics including but not limited to general criminal statutes, 








          AB 2130 (Gorell)
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          patrol techniques, juvenile law, search and seizure, gang 
          awareness, domestic violence, and traffic enforcement. The 
          minimum number of instructional hours across the range of topics 
          is 560 hours. Including scenario and written testing, total 
          minimum required hours for the RBC is 664 hours.

          Currently, the only alternative to completion of the RBC is the 
          Basic Course Waiver (BCW) process, which is a waiver of 
          attendance of a basic course. The waiver has the same standing 
          in law as a certificate of completion of the RBC in California. 
          An application for the BCW must include verification of 
          successful completion of each of the following:
           At least a 200-hour general law enforcement basic course.
           At least 664 hours of general law enforcement training 
            (including the basic course).
           The legislatively mandated training subjects included in the 
            RBC.
           At least one year of general law enforcement experience.

          The basis for military police officer training is the Uniform 
          Code of Military Justice (UCMJ). While there are some criminal 
          offenses that overlap between the Penal Code and the UCMJ, there 
          are also various differences. 

          Proposed Law: This bill would authorize POST to evaluate 
          pertinent military police officer training previously completed 
          by any jurisdiction's law enforcement officers for the purpose 
          of determining whether the training meets the current training 
          requirements prescribed by the Commission and may consider 
          previous military police officer training as part of the 
          Commission's basic course waiver process.

          This bill additionally authorizes POST to develop a protocol 
          that considers previous military police officer training as an 
          applicable substitute for portions of the current standard 
          training. In developing the protocol, the Commission is required 
          to do both of the following:
           Assess the content and transferability of military police 
            officer training to fulfill the Commission's program 
            requirements.
           Identify additional training requirements that must be 
            fulfilled to satisfactorily complete the Commission's 
            certification program.









          AB 2130 (Gorell)
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          Staff Comments: To the extent POST opts to evaluate pertinent 
          military police officer training, as specified, consider 
          previous military police officer training as part of the 
          Commission's basic course waiver process, and develop the 
          specified protocol, POST would incur both one-time and ongoing 
          costs. One-time costs potentially in excess of $150,000 (General 
          Fund) for research, development, validation, and approval of a 
          process would create workload that is not absorbable. POST 
          estimates the protocol would take 15 to 18 months to develop, as 
          the disparity in training and missions between the five branches 
          of the armed forces would likely require pilot testing of 
          courses to address the differences and bring the applicants to a 
          common standard. To support the process upon implementation, the 
          POST estimates ongoing annual resource needs of $206,000 
          (General Fund) for two positions to support the ongoing 
          administration of the program.