BILL ANALYSIS Ó
AB 1860
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Date of Hearing: April 8, 2014
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1860 (V. Manuel Pérez) - As Amended: March 20, 2014
SUMMARY : Provides that a probation department that is a
certified provider of a specified peace officer introductory
training course on arrests and firearms prescribed by the
Commission on Peace Officer Standards and Training (POST) is not
required to offer the course to the general public.
EXISTING LAW :
1)Requires every peace officer, as specified, except those whose
employing agency prohibits the use of firearms, to
satisfactorily complete an introductory POST-prescribed
introductory training course and that satisfactory completion
of the course is to be demonstrated by passage of an
appropriate POST-developed or -approved examination. (Pen.
Code, § 832, subd. (a).)
2)Requires every peace officer, as specified, to satisfactorily
complete the course described above prior to exercising the
powers of a peace officer, and states that peace officers who
have not satisfactorily completed the introductory training
course do not have peace officer powers until they
satisfactorily complete the course. (Pen. Code, § 832, subd.
(b) and (c).)
3)Requires any person completing the introductory training
course described above who does not become employed as a peace
officer within 3 years from the date of passing the
examination, or who has a 3-year or longer break in service as
a peace officer, to pass the examination prior to exercising
peace officer powers, except for 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;
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b) has successfully requalified for a basic course through
the POST;
c) has maintained proficiency through teaching the
introductory training course described above;
d) during the break in California service, was continuously
employed as a peace officer in another state or at the
federal level; or,
e) has previously satisfactorily completed the introductory
training course and passed the appropriate examination; has
been appointed as a peace officer, as specified; and has
been continuously employed as a custodial officer, as
defined, by the agency making the peace officer appointment
since completing the introductory training course. (Pen.
Code, § 832, subd. (e).)
4)Authorizes POST, notwithstanding any other law, to charge
appropriate fees, not exceeding actual costs, for the
examination required to demonstrate satisfactory completion of
the introductory training course to each applicant who is not
sponsored by a local or other law enforcement agency; is not a
peace officer employed by, or under consideration for
employment by, a state or local agency, department, or
district; or is not a custodial officer, as defined. (Pen.
Code, § 832, subd. (g).)
5)Provides that no course can be certified that restricts
attendance to a single agency, unless the purpose of the
course is to improve that agency and attendance by non-agency
personnel would jeopardize the success of the course. (Cal.
Code Regs., tit. 11, § 1052, subd. (h).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Under existing
law, peace officers are required to complete an introductory
course of training prescribed by the Commission on Peace
Officer Standards and Training (POST) prior to exercising the
powers of a peace officer. This training requirement includes
the PC 832 Arrest and Firearms Course. All sworn probation
employees must complete this training. Only providers
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certified through POST can offer these courses.
"It has been very difficult for county probation departments
to complete the required training as a result of limited
course offering dates and locations. Regionally, many
departments are challenged in getting their deputies into
available courses in a timely manner. Often, courses are held
in locations that require extensive travel and time off to
complete. Further, course can be impacted based on the number
of slots available to law enforcement agencies and the general
public.
"For example, in Riverside County in June 2013, the local
provider published an updated training flyer for FY 2013/14
indicating that they would no longer be holding monthly PC 832
courses, but would instead be holding them quarterly. This has
resulted in twelve staff being send [sic] to other Southern
California providers at the average cost of $650 per person
and increased the average wait time for this training to 90
days. The Riverside County Probation Department will now have
201 sworn line level vacancies to fill. Of those sworn
vacancies, there are currently 15 armed positions, which
require additional training and result in an average wait time
of 60 days.
"To ensure we are meeting local and regional training demands,
AB 1860 would specify that should a county probation
department become a certified presenter of the PC 832 training
by POST, that they are not required to offer the courses to
the general public. These courses can be expensive and have
many requirements (certified instructors, testing and training
specifications, student/teacher ratios, qualified facilities
and ranges) so putting them on can be cost prohibitive.
"This measures ensures that we are able to accommodate
training requirements for probation deputies and other law
enforcement entities."
2)Peace Officer "Arrest and Firearm" Training Course : The
introductory training course prescribed in Penal Code section
832, subdivision (a) is commonly referred to as the "PC 832
Arrest and Firearms" course and is the minimum training
standard required of California peace officers in order to
exercise peace officer powers, namely those of making arrests
and using and carrying firearm throughout the state (with
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specified exceptions). According to POST, this course is the
"entry-level training requirement for many California peace
officers." (Regular Basic Course, POST
[as of Apr. 1,
2014].) The course can be completed through a
664-hour-minimum Standard Format training or a
730-hour-minimum Modular Format, which can be taken over an
extended period of time. (Ibid.) The curriculum for the
course is divided among 41 topics called "Learning Domains,"
which "contain the minimum required foundational information
for given subjects." (Ibid.) The Learning Domains include
the following topics: leadership, professionalism, and ethics;
criminal justice system; policing in the community; laws of
arrests; search and seizure; presentation of evidence;
investigative report writing; use of force; crime scene,
evidence, and forensics; arrest and control; firearms/chemical
agents; and cultural diversity/discrimination. (PC 832 Arrest
and Firearms Training Specifications, POST
[as of Apr. 1, 2014].)
3)Practical Effect : This bill seeks to allow a probation
department that is certified to provide POST's PC 832 Arrest
and Firearm Training Course to exclude offering the course to
the general public. While committee staff could not locate
any statutory or regulatory requirement that POST course
providers must offer its courses to the general public, POST
regulation does provide that the commission cannot certify a
course that limits participation to a single agency unless
opening up enrollment beyond one agency would jeopardize the
success of the course. (Cal. Code Regs., tit. 11, § 1052,
subd. (h).)
In speaking with this bill's sponsor, the effect of this
regulation is that it deters agencies from pursuing
certification because of the logistical and financial
commitment involved in offering courses to a wider audience.
While this bill seeks to exclude the general public in
probation department-run PC 832 Arrest and Firearm Training
Courses, it still would allow full participation by other law
enforcement agencies. Moreover, it appears that existing law
already allows a POST course provider to limit enrollment in a
course to the personnel of one agency if offering it beyond
that would jeopardize the course's success, which arguably a
probation department can claim given the logistical and
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financial burdens involved in offering the course to everyone,
the need of probation departments to properly train existing
and new personnel, and the increasingly-limited course slots
currently available inadequately meeting that demand.
Nonetheless, by still offering the course to other law
enforcement agencies, it appears that a probation department
could exclude the general public and still comply with
existing regulatory requirements, raising the question of the
practical effect of this bill. Moreover, POST has informed
this committee that PC 832 Arrest and Firearm Training Courses
are rarely, if ever, booked to capacity.
4)Argument in Support : As argued by the Chief Probation
Officers of California , "To ensure we are meeting local and
regional training demands, AB 1860 would specify that county
probation departments who are certified presenters of the PC
832 training by POST are not required to offer the courses to
the general public. These courses can be expensive and have
many requirements (certified instructors, testing and training
specifications, student/teacher ratios, qualified facilities
and ranges) so putting them on can be cost prohibitive. This
measure assists probation departments who wish to become
certified providers of PC 832 by only requiring that they
offer courses to law enforcement entities so that courses can
be held, as needed, to fulfill training demands.
"It is imperative we create opportunities to meet demand for
local and regional peace officer training so departments can
get new hires onto caseloads as quickly and efficiently as
possible."
REGISTERED SUPPORT / OPPOSITION :
Support
Chief Probation Officers of California (Sponsor)
Opposition
None
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
AB 1860
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