BILL NUMBER: SB 1351	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        FEBRUARY 24, 2012

   An act to amend Section 830.55 of the Penal Code, relating to
peace officers, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1351, as introduced, Rubio. Peace officers.
   Existing law authorizes, until January 1, 2015, a board of
supervisors to enter into a contract with other public agencies to
provide housing for inmates sentenced to county correctional
facilities, as specified, upon agreement with the sheriff or director
of the county department of corrections.
   Existing law also governs the scope and authority of peace
officers. Existing law defines peace officers to include a
correctional officer who is employed by a city, county, or city and
county which operates a facility used to house state prison inmates
or wards under a contract with the Department of Corrections and
Rehabilitation, who has the authority and responsibility for
maintaining custody of specified state prison inmates or wards, and
who performs tasks related to the operation of a detention facility
used for the detention of persons who have violated parole or are
awaiting parole back into the community or, upon court order, either
for their own safekeeping or for the specific purpose of serving a
sentence therein.
   This bill would provide that a peace officer also includes a
correctional officer who is employed by a city, county, or city and
county which operates a facility that provides housing for inmates
sentenced to county correctional facilities, as specified, under
contract with the sheriff or director of the county department of
corrections, who has the authority and responsibility for maintaining
custody of inmates sentenced to or housed in that facility and who
performs tasks related to the operation of that facility.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 830.55 of the Penal Code is amended to read:
   830.55.  (a)    (1)  As used in this section, a
correctional officer is a peace officer, employed by a city, county,
or city and county which operates a facility described in Section
2910.5 of this code or Section 1753.3 of the Welfare and Institutions
Code or facilities operated by counties pursuant to Section 6241 or
6242 of this code under contract with the Department of Corrections
 and Rehabilitation  or the  Department of the Youth
Authority   Division of Juvenile Facilities within the
department  , who has the authority and responsibility for
maintaining custody of specified state prison inmates or wards, and
who performs tasks related to the operation of a detention facility
used for the detention of persons who have violated parole or are
awaiting parole back into the community or, upon court order, either
for their own safekeeping or for the specific purpose of serving a
sentence therein. 
   (2) As used in this section, a correctional officer is also a
peace officer, employed by a city, county, or city and county which
operates a facility described in Section 4115.55 under contract with
the sheriff or director of the county department of corrections, who
has the authority and responsibility for maintaining custody of
inmates sentenced to or housed in that facility, and who performs
tasks related to the operation of that facility. 
   (b) A correctional officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties, except,
under the direction of the superintendent of the facility, while
engaged in transporting prisoners, guarding hospitalized prisoners,
or suppressing riots, lynchings, escapes, or rescues in or about a
detention facility established pursuant to Section 2910.5  or
4115.55  of this code or Section 1753.3 of the Welfare and
Institutions Code.
   (c) Each person described in this section as a correctional
officer, within 90 days following the date of the initial assignment
to that position, shall satisfactorily complete the training course
specified in Section 832. In addition, each person designated as a
correctional officer, within one year following the date of the
initial assignment as an officer, shall have satisfactorily met the
minimum selection and training standards prescribed by the Board of
 State and Community  Corrections pursuant to Section 6035.
Persons designated as correctional officers, before the expiration of
the 90-day and one-year periods described in this subdivision, who
have not yet completed the required training, may perform the duties
of a correctional officer only while under the direct supervision of
a correctional officer who has completed the training required in
this section, and shall not carry or possess firearms in the
performance of their prescribed duties.
   (d) This section shall not be construed to confer any authority
upon a correctional officer except while on duty.
   (e) A correctional officer may use reasonable force in
establishing and maintaining custody of persons delivered to him or
her by a law enforcement officer, may make arrests for misdemeanors
and felonies within the local detention facility pursuant to a duly
issued warrant, and may make warrantless arrests pursuant to Section
836.5 only during the duration of his or her job.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that certain correctional officers employed by
a city, county, or city and county retain their status as peace
officers at the earliest possible time, it is necessary that this act
take effect immediately.