BILL ANALYSIS �
AB 2623
Page 1
GOVERNOR'S VETO
AB 2623 (Allen)
As Amended August 21, 2012
2/3 vote
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|ASSEMBLY: |71-0 |(May 31, 2012) |SENATE: |35-0 |(August 29, |
| | | | | |2012) |
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|ASSEMBLY: |78-1 |(August 30, | | | |
| | |2012) | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the State Department of State Hospitals (DSH)
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.
The Senate amendment re-names the Department of Mental Health,
the Department of State Hospitals.
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.
AB 2623
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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
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
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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.
AS PASSED BY THE ASSEMBLY , this bill required 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 would be implemented
by January 1, 2014.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)One-time costs of less than $30,000 (General Fund) for the
Department of State Hospitals (DSH) and the DDS to develop
system-wide policies for arming state hospital peace officers,
as specified.
2)Potentially minor to significant one-time and ongoing costs
for arming DSH and DDS police officers, depending on the
extent of the policy developed by each department. Costs for
arming, including firearms storage and training, for 25
percent of the approximately 800 police officers of DSH and
DDS are estimated at $430,000 one-time and $200,000 ongoing
(General Fund).
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.
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"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."
GOVERNOR'S VETO MESSAGE :
"This bill would require the Department of State Hospitals to
adopt and implement a policy to arm state hospital police
officers.
"I am sensitive to the unique challenges of providing security
in our state's mental hospitals. This is a matter, however, best
left to the discretion of the department director who already
has authority to arm its officers."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005971