BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1254|
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THIRD READING
Bill No: SB 1254
Author: La Malfa (R)
Amended: 4/9/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Custodial officers: Trinity and Yuba
SOURCE : Trinity County Sheriff
Yuba County Sheriff
DIGEST : This bill grants to Trinity and Yuba Counties
the authority currently granted to several other counties
to employ "custodial deputy sheriffs" who are "employed to
perform duties exclusively or initially relating to
custodial assignments," pursuant to Penal Code Section
830.1(c).
ANALYSIS : Existing law provides that any deputy sheriff
of the County of Los Angeles, and any deputy sheriff of the
Butte, Calaveras, Glenn, Humboldt, Imperial, Inyo, Kern,
Kings, Lake, Lassen, Mariposa, Mendocino, Plumas,
Riverside, San Benito, San Diego, Santa Barbara, Santa
Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus,
Sutter, Tehama, Tulare, and Tuolumne Counties who is
employed to perform duties exclusively or initially
relating to custodial assignments with responsibilities for
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maintaining the operations of county custodial facilities,
including the custody, care, supervision, security,
movement, and transportation of inmates, is a peace officer
whose authority extends to any place in the state only
while engaged in the performance of the duties of his/her
respective employment and for the purpose of carrying out
the primary function of employment relating to his/her
custodial assignments, or when performing other law
enforcement duties directed by his/her employing agency
during a local state of emergency. (Penal Code (PEN)
Section 830.1(c))
Under existing law, all cities and counties are authorized
to employ custodial officers (public officers who are not
peace officers) for the purpose of maintaining order in
local detention facilities. (PEN Section 831)
Notwithstanding Section 831, in counties with a population
of 425,000 or less - and San Diego, Fresno, Kern,
Riverside, and Stanislaus Counties - "enhanced powers"
custodial officers may be employed. Santa Clara County is
also included in this section with specified authority for
custodial officers who are employed by the Santa Clara
County Department of Corrections. (PEN Section 831.5)
Those "enhanced powers" custodial officers may carry
firearms under the direction of the sheriff while
fulfilling specified job-related duties. They too are
designated as "public officers," not "peace officers"; they
are empowered to serve warrants, writs, or subpoenas within
the custodial facility, and, as with regular custodial
officers, they may use reasonable force to establish and
maintain custody, and may release from custody
misdemeanants on citation to appear or individuals arrested
for intoxication who are not subject to further criminal
proceedings. They may also make warrantless arrests within
the facility (pursuant to Section 836.5 - misdemeanor in
the presence of the officer). Training standards are
specified. A peace officer is required to be present in a
supervisorial capacity whenever 20 or more custodial
officers are on duty (for both Section 831 and 831.5
officers).
Existing law establishes within the Department of
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Corrections and Rehabilitation the Corrections Standards
Authority and makes the Authority responsible for general
oversight of local detention facilities, including
selection, training, and education of custodial personnel.
(PEN Section 6024 et seq.)
Existing law requires every peace officer to complete an
introductory course of training prescribed by the
Commission on Peace Officer Standards and Training and
requires any person who completes that training, but is not
employed as a peace officer within three years, or who has
a three-year or longer break in service as a peace officer,
to pass a specified examination, except for specifically
exempted persons, including a peace officer specified in
PEN Section 830.1(c) who is assigned to perform duties
exclusively or initially relating to specified custodial
assignments, if the peace officer has previously
successfully completed the required training, and since
that time has been continually employed as a custodial
officer by the agency appointing him/her as a peace
officer. (PEN Section 832)
Existing law sets qualifications for "holding office as a
peace officer" including that applicants be found to be
free from any physical, emotional, or mental condition
which might adversely affect the exercise of the powers of
a peace officer. (Government Code Sections 1029 and 1031)
This bill adds Trinity and Yuba Counties to the list of
counties that may employ custodial deputy sheriffs as
defined in PEN Section 830.1(c).
Prior Legislation
AB 1695 (Bell), Chapter 575, Statutes of 2010
AB 2215 (Berryhill), Chapter 15, Statutes of 2008
AB 151 (Berryhill), Chapter 84, Statutes of 2007
AB 272 (Matthews), Chapter127, Statutes of 2005
AB 1931 (La Malfa), Chapter 516, Statutes of 2004
AB 1254 (La Malfa), Chapter 70, Statutes of 2003
SB 570 (Chesbro), Chapter 710, Statutes of 2003
AB 2346 (Dickerson), Chapter 185, Statutes of 2002
SB 926 (Battin), Chapter 68, Statutes of 2001
SB 1762 (Alpert), Chapter 61, Statutes of 2000
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AB 574 (Villariagosa), Chapter 950, Statutes of 1996
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/25/12)
Trinity County Sheriff (co-source)
Yuba County Sheriff (co-source)
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author:
This bill adds Trinity and Yuba Counties to the existing
authority currently granted to Los Angeles County and 31
other counties to employ deputy sheriffs who are
"employed to perform duties exclusively or initially
relating to custodial assignments" who are peace officers
pursuant to Penal Code section 830.1(c).
This change will provide Yuba and Trinity Counties the
necessary flexibility to properly operate their custodial
facilities, which is even more pressing in light of
public safety realignment which will result in the
transfer of many current state prison inmates to county
jails and other facilities. Custodial classifications
allow counties a wider array of means to staff facilities
and transport prisoners, flexibility which is
particularly important in rural counties.
RJG:kc 4/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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