BILL ANALYSIS �
SB 1351
Page 1
Date of Hearing: June 19, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1351 (Rubio) - As Amended: March 28, 2012
SUMMARY : Extends peace officer status to a correctional
officer employed by a city, county, or city and county which
operates a community correctional facility (CCF), 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. Contains an urgency
clause.
EXISTING LAW:
1)Establishes various classifications of peace officers and
governs the scope and authority of peace officers. (Penal
Code Sections 830, et seq.)
2)States that a correctional officer is a peace officer when
employed by a city, county or city and county which operates a
facility as specified or a facility operated by counties under
contract with the California Department of Corrections (CDCR)
as specified, 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. �Penal
Code Section 830.55(a).]
3)States that these local correctional officers 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 specified
detention facilities. �Penal Code Section 830.55(b).]
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4)Provides that local correctional officers, within 90 days
following the date of the initial assignment to that position,
shall satisfactorily complete the training course as
specified. In addition, these employees, 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 Corrections
pursuant to Section 6035. These local 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. �Penal Code
Section 830.55(c).]
5)Provides that the law relating to powers of correctional
officers shall not be construed to confer any authority upon a
local correctional officer except while on duty. �Penal Code
Section 830.55(d).]
6)Authorizes a local correctional officer to 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. �Penal Code � 830.55(e).]
7)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 jail in community
correctional facilities, as specified, upon agreement with the
sheriff or director of the county department of corrections.
�Penal Code Section 4115.55.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1351 would
simply ensure that custody staff working for public CCFs
retain sworn peace officer status. Last year, the Legislature
passed and Governor Brown signed into law AB 109, the
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Realignment bill, which shifted responsibility for low-level
offenders from CDCR to the counties. While CCFs are still
technically allowed to contract with counties, custody staff
in CCFs across the state are unable to work without peace
officer status. SB 1351 would ensure that these employees are
rehired with peace officer status and extend to them the same
powers and responsibilities they once held under contract with
CDCR. In the Central Valley alone, over 200 well-paying jobs
would be restored. As California works to implement
realignment throughout the state, CCFs will be a critical part
of making sure that realignment truly works in our state."
2)Background on Community Correctional Facilities : Community
correctional facilities have existed in California dating back
to the 1960s. (Penal Code Section 6250, et seq.) "The
primary purpose of such facilities is to provide housing,
supervision, counseling, and other correctional programs for
persons committed to the Department of Corrections." (Penal
Code Section 6251.) Prior to last year's Public Safety
Realignment, CCFs were only authorized to be operated by CDCR.
Under realignment, the lower-level offenders previously
housed at CDCR will now be "realigned" to the custody of the
counties. This is the very inmate population previously
housed in CCFs. Therefore, along with the passage of
realignment last year, the Legislature authorized counties to
contract with local public agencies to use CCFs to house
inmates sentenced to county jail. (Penal Code Section
4115.55.) This bill addresses the status of the correctional
officers who supervise inmates at CCFs.
3)Commission on Peace Officer Standards and Training Feasibility
Study : This bill extends the limited peace officer status to
local correctional officers employed at CCFs established by
counties as currently applies to those officers employed at
CCFs established by CDCR. Penal Code Section 13540 requires
that the Commission on Peace Officer Standards and Training
(POST) perform a feasibility study when any person who is not
a peace officer seeks peace officer status or whenever a peace
officer seeks a change to his or her status.
POST performed a study in 1991 with respect to local
correctional officers employed at CCFs for parole violators
authorized pursuant to Penal Code Section 2910.5. That study
examined the duties of such officers and concluded that the
peace officer status created in Penal Code Section 830.55 was
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appropriate for those employees in that setting. (POST, A
Report to the Legislature on Local Correctional Peace Officer,
Required by Section 830.55, Penal Code.)
According to POST, the duties of local correctional peace
officers at CCFs would be sufficiently similar to those that
were the subject of the 1991 study as to preclude the need for
any further feasibility study and that peace officer status
pursuant to Penal Code Section 830.55 is appropriate for these
employees.
4)Arguments in Support :
a) According to the California State Sheriffs' Association ,
"Last year, the Legislature passed and Governor Brown
signed into law AB 109 relative to realignment, which
shifted responsibility for low-level offenders from CDCR to
the counties. AS a result, five of the seven original
contracts with CCFs have expired. However, the need for
CCFs still exists.
"CCFs are critical to ensuring that realignment works in
California. Currently, custody staff at CCFs across the
state are unable to work without peace officer status. In
the Central Valley, SB 1351 would restore over 200
well-paying jobs at public CCFs. SB 1351 would ensure
these employees are rehired with peace officer status and
extend to them the same powers and responsibilities that
they held under contract with CDCR."
b) According to the County of Sacramento , "Although the new
law permits counties to contract with CCFs to house low
level offenders who otherwise would be housed in county
jail, the law did not make it clear that correctional staff
in CCFs would retain the peace officer status they held
when CCFs housed state prisoners. SB 1351 makes the needed
clarification.
"We believe it is important for correctional officers in a
public CCF to have the training and certification that is
required of peace officers. Sacramento County may need
additional housing options for managing the new offender
population because of capacity limits that may occur in our
jail facilities. The clarification in SB 1351 makes CCFs a
viable detention option for all counties if needed under
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public safety realignment."
5)Related Legislation :
a) AB 109 (Committee on Budget), Chapter 15, Statutes of
2011, realigned responsibilities for certain parolees and
newly convicted offenders deemed to be non-violent,
non-serious and non-sex offenders from state to local
jurisdictions.
b) AB 117 (Committee on Budget), Chapter 31, Statutes of
2011, authorized a board of supervisors to enter into
contracts with other public agencies to provide housing for
inmates sentenced to county jail in community correctional
facilities.
6)Previous Legislation : AB 3401 (Waters), Chapter 1285,
Statutes of 1990, established peace officer status for local
correctional officers working in specified detention
facilities under contract with CDCR, and authorized CDCR to
establish and operate detention facilities for the
incarceration of persons convicted of offenses related to
substance abuse.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Cities Allied with Public Safety
(Sponsor)
California Correctional Supervisors Organization
California State Association of Counties
California State Sheriffs' Association
City of Coalinga
City of Delano
City of Folsom
City of Shafter
City of Wasco
County of Kern Sheriff's Department
County of Sacramento
League of California Cities
Peace Officers Research Association of California
Regional Council of Rural Counties
Urban Counties Caucus
SB 1351
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Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744