BILL ANALYSIS �
AB 2623
Page 1
ASSEMBLY THIRD READING
AB 2623 (Allen)
As Amended May 25, 2012
Majority vote
PUBLIC SAFETY 4-0 APPROPRIATIONS 17-0
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|Ayes:|Knight, Hall, Hagman, |Ayes:|Fuentes, Harkey, |
| |Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Requires the Department of Mental Health (DMH) and the
Department of Developmental Services (DDS), by June 30, 2013, to
develop a policy for arming state hospital peace officers under
their jurisdiction while those officers are performing hospital
security functions outside the secure area of the hospital.
This policy is to be implemented by January 1, 2014.
EXISTING LAW :
1)Provides that every peace officer shall satisfactorily
complete an introductory course of training prescribed by the
Commission on Peace Officer Standards and Training (POST) and
that after July 1, 1989, satisfactory completion of the course
shall be demonstrated by passage of an appropriate examination
developed or approved by POST.
2)Provides that prior to the exercise of peace officer powers,
every peace officer shall have satisfactorily completed the
POST course.
3)Provides that a person shall not have the powers of a peace
officer until he or she has satisfactorily completed the POST
course.
4)Provides that any person completing the POST training who does
not become employed as a peace officer within three years from
the date of passing the examination, or who has a three-year
AB 2623
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or longer break in service as a peace officer, shall pass the
examination prior to the exercise of powers as a peace
officer. This requirement does not apply to any person who
meets any of the following requirements:
a) Is returning to a management position that is at the
second level of supervision or higher;
b) Has successfully re-qualified for a basic course through
POST;
c) Has maintained proficiency through teaching the POST
course;
d) During the break in California service, was continuously
employed as a peace officer in another state or at the
federal level; and,
e) Has previously met the testing requirement, has been
appointed a peace officer under Penal Code Section
830.1(c), and has continuously been employed as a custodial
officer as defined in Penal Code Section 831 or 831.5 since
completing the POST course.
5)Provides that officers of a state hospital under the
jurisdiction of DMH or DDS appointed pursuant to Welfare and
Institutions Code Sections 4313 or 4493 are peace officers
whose authority extends to any place in California for the
purpose of performing their primary duty or when making
arrests pursuant to Penal Code Section 836 as to any public
offense with respect to which there is immediate danger to
person or property or of the escape of the perpetrator of that
offense; or pursuant to Government Code Sections 8597 or 8598
provided that the primary duty of the peace officers shall be
the enforcement of the law as set forth in Welfare and
Institutions Code Sections 4311, 4313, 4491, and 4493. Those
peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor absorbable state costs for development of local plans.
AB 2623
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2)Future costs, as a result of the continued discretion of the
directors, would depend on the plan, and could range from no
new costs to more than $1 million.
COMMENTS : According to the author, "Over the past two decades
the state has seen a dramatic increase in the forensic
population. Just thirteen years ago, half of the patient
population were forensic commitments, now over 92% of the
patients have committed some form of serious or violent felony.
The mental hospital system is bracing for the layoff of several
crucial psychiatric and therapeutic staff. Unfortunately, this
will create, though hard to imagine, an even greater risk to the
level of care and security staff in the state mental hospital
system.
"Currently, the state mental hospitals rely on the Department of
Corrections and Rehabilitation to provide perimeter security and
transports at two of the five state hospitals. The correctional
officers that provide perimeter security and transportation
services at the state hospitals do so armed. Hospital police
officers at the remaining three state hospitals provide the same
transportation and perimeter security unarmed. Furthermore,
hospital police also do patrol and traffic stops in marked
police vehicles and provide mutual aid to local law enforcement
unarmed.
"This bill merely seeks to provide the same level of protection
to hospital police officers that correctional officers have
currently at the two state mental hospitals."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003864