BILL ANALYSIS �
AB 2314
Page 1
Date of Hearing: April 29, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2314 (Hall) - As Amended: April 23, 2013
As Proposed to be Amended in Committee
SUMMARY : Revises provisions of law relating to the
authorization of probation officers and deputy probation
officers to carry firearms. Specifically, this bill :
1)Provides that any probation officer or deputy probation
officer is authorized to carry a firearm, but only as
determined by the chief probation officer on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the chief probation officer.
2)Provides that if a chief probation officers has not armed or
adopted a policy regarding arming probation officers and
deputy probation officers prior to January 1, 2015, the chief
probation officer for each county shall develop a policy no
later than June 30, 2015, as to whether probation officers and
deputy probation officers who supervise high-risk caseloads
should be armed. This policy shall be implemented no later
than December 31, 2015.
3)Defines "high-risk caseloads" to mean a caseload that includes
individuals who have been released from state prison subject
to post release community supervision and have a prior
conviction for a "serious" or "violent" felony, as specified.
EXISTING LAW :
1) Provides that in order to change peace officer
designation or status, the Commission on Peace Officers
Standards and Training (POST) must be requested to
undertake a study to assess the need for such a change.
Requires POST to undertake the study in accordance with its
regulations. (Pen. Code, �13540(b).)
2)Specifies that the following persons are peace officers whose
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authority extends to any place in the state while engaged in
the performance of the duties of their respective employment
and for the purpose of carrying out the primary function of
their employment. Except as specified in this section, these
peace officers may carry firearms only if authorized and under
those terms and conditions specified by their employing
agency:
a) A parole officer of the California Department of
Corrections and Rehabilitation (CDCR), or Department of
Corrections and Rehabilitation, Division of Juvenile Parole
Operations, probation officer, deputy probation officer, or
a board coordinating parole agent employed by the Juvenile
Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation
officers shall extend only as follows:
i) To conditions of parole, probation, or post-release
community supervision by any person in this state on
parole, probation, or post-release community supervision;
ii) To the escape of any inmate or ward from a state or
local institution;
iii) To the transportation of persons on parole,
probation, or post-release community supervision;
iv) To violations of any penal provisions of the law
which are discovered while performing the usual or
authorized duties of his or her employment; and
v) To the rendering of mutual aid to any other law
enforcement agency;
b) A correctional officer employed by the CDCR, or of the
CDCR, Division of Juvenile Justice, having custody of wards
or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any
correctional counselor series employee of the CDCR or any
medical technical assistant series employee designated by
the secretary or designated by the secretary and employed
by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or
employee of the CDCR, Division of Juvenile Justice,
designated by the secretary or any superintendent,
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supervisor, or employee having custodial responsibilities
in an institution operated by a probation department, or
any transportation officer of a probation department.
c) The following persons may carry a firearm while not on
duty: a parole officer of the CDCR, or the CDCR, Division
of Juvenile Justice, a correctional officer or correctional
counselor employed by the CDCR, or an employee of the CDCR,
Division of Juvenile Justice, having custody of wards or
any employee of the CDCR designated by the secretary. A
parole officer of the Juvenile Parole Board may carry a
firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and
conditions specified by the chairperson. Nothing in this
section shall be interpreted to require licensure pursuant
to Section 25400. The director or chairperson may deny,
suspend, or revoke for good cause a person's right to carry
a firearm under this subdivision. That person shall, upon
request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive
employee representative and the CDCR, Division of Juvenile
Justice, or the Juvenile Parole Board, to review the
director's or the chairperson's decision. (Pen. Code,
�830.5)
3)Provides that persons permitted to carry firearms pursuant to
this section, either on or off duty, shall meet specified
training requirements and shall qualify with the firearm at
least quarterly. It is the responsibility of the individual
officer or designee to maintain his or her eligibility to
carry concealable firearms off duty. Failure to maintain
quarterly qualifications by an officer or designee with any
concealable firearms carried off duty shall constitute good
cause to suspend or revoke that person's right to carry
firearms off duty. [Pen. Code, � 830.5(d).]
4)States that the CDCR shall allow reasonable access to its
ranges for officers and designees of either department to
qualify to carry concealable firearms off duty. The time
spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the
person's off-duty hours. [Pen. Code, �830.5(e).]
5)Provides that "high-risk transportation details" and
"high-risk escape details" shall be determined by the
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secretary, or his or her designee. The secretary, or his or
her designee, shall consider at least the following in
determining "high-risk transportation details" and "high-risk
escape details": protection of the public, protection of
officers, flight risk, and violence potential of the wards.
[Pen. Code, � 830.5(f).]
6)Specifies that "transportation detail" as used in this section
shall include transportation of wards outside the facility,
including, but not limited to, court appearances, medical
trips, and interfacility transfers. [Pen. Code, � 830.5(h).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Under
realignment, probation officers became part of a significant
public safety policy shift. In addition to the enhanced public
and personal safety risks, probation officers are now
responsible for a much broader range of duties, including
facilitating evidence-based programs, conducting criminal
investigations, preparing and submitting court reports,
collecting fines and insuring victim restitution.
"With more responsibility shifted to counties, many individuals
who were previously housed in state correctional facilities
are now monitored by county probation officers. Prior to
realignment, these same individuals were monitored by armed
State Parole Agents.
"This bill is the right thing for officers and it's the right
thing to ensure the public's safety."
2)Many Deputy Probation Officers Supervise a Variety of
Individuals : Probation officers routinely supervise a variety
of individuals on misdemeanor probation (when required),
domestic violence probationers, felony probationers, and under
realignment those individuals on post-release supervision.
Probation officers will often have a mixed caseload of a
variety of these types of individuals. Under this bill, a
probation officer who monitors just one individual deemed
high-risk could be granted the authority to carry a firearm.
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3)Governor's Veto of AB 1968 : This bill is a reintroduction of
AB 1968 (Wieckowski), of the 2011-12 Legislative Session,
which was vetoed. AB 1968 was substantially amended in the
Assembly Appropriations Committee to require the chief
probation officer to develop a policy for arming probation
officers whose caseload is comprised of high-risk individuals,
and authorized probation officers to carry firearms as
determined by the chief probation officer on a case by case
basis. The Governor's veto message stated:
"This bill requires a chief probation officer to develop and
implement an official policy covering the arming of deputy
probation officers.
"I am sympathetic to what the proponents are trying to
accomplish by this bill. But since local circumstances
differ, I am reluctant to force this matter from the state
level. The chief probation officers are closer and better
situated to make the decision. The principles of subsidiarity
apply."
4)Argument in Support : The State Coalition of Probation
Officers state, "This bill would require that county probation
officers assigned to "high risk" individuals for supervision
be trained and armed so that they may better perform their
public safety duties.
"An element of AB 109 includes rank and file probation officers
being charged with implementation of the Governor's ambitious
Public Safety Realignment plan. As a result, caseloads for
probation officers have increased significantly, resulting in
the job becoming more and more dangerous every day. Many
individuals leaving state correctional facilities are now
monitored by county probation officers. Prior to Realignment,
these same individuals were monitored by armed State Parole
Agents.
"AB 2314 would require the chief probation officer in each
county to train and arm probation officers and deputy
probation officers who re assigned supervision duties of
persons on probation or post release community supervision who
are deemed "high risk" by the Department of Corrections."
5)Argument in Opposition : The Chief Probation officers of
California , argue, "Current law categorizes a probation
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officer as a peace officer who may carry firearms if
authorized by his or her employing agency, and under the terms
and conditions specified by his or her employing agency. This
is a critically important role of the Chief in which they must
put into place a policy to address a variety of complex
factors. CPOC respectfully submits that current law has all
the necessary provisions in place to secure our communities as
well as our officers' safety.
"55 of the 59 county probation departments currently have armed
officers. This is an increase from 44 in 2011. In some
counties, these deputies are part of specialized unites
focused on probationers with weapons charges or who are at
high risk to be in possession of weapons. They also conduct
operations, compliance checks, sweeps and other duties often
in conjunction with other law enforcement personnel (e.g.
sheriff or police).
"It is important to note that in some counties, all of their
deputies have a caseload that include at least one high-risk
offender. As a result, under the provisions of this bill
entire departments would have to be armed without the
appropriate case-by-case decisions to be made."
6)Prior Legislation :
a) AB 1040 (Wieckowski), of the 2013 Legislative Session
was identical to this bill, in that it required the chief
probation officer of each county to train and arm those
probation officers and deputy probation officers who are
assigned supervision duties over persons who are on
probation or post-release community supervision who are
deemed "high risk". AB 1040 was not heard by the Public
Safety Committee at the request of the author.
b) AB 1968 (Wieckowski), of the 2011-12 Legislative
Session, required the chief probation officer to develop a
policy for arming probation officers whose caseload is
comprised of high-risk individuals, and authorized
probation officers to carry firearms as determined by the
chief probation officer on a case by case basis. AB 1968
was vetoed by the Governor.
c) AB 1289 (Horton), of the 2005-06 Legislative Session,
would have allowed peace officers at state hospitals under
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the jurisdiction of DMH and DDS to carry firearms without
the authorization of the employing agency. AB 1289 was
held on the Assembly Appropriations Committee's Suspense
File.
d) AB 2338 (Samuelian), of the 2003-04 Legislative Session,
would have allowed welfare fraud investigators to carry
firearms without the authorization of their employing
agency. AB 2238 failed passage in this Committee.
e) AB 1567 (Correa), of the 2003-04 Legislative Session,
would have allowed "limited authority" peace officers,
including those employed by DMH, to carry firearms without
authorization of their employing agency. AB 1567 was held
on the Senate Appropriations Committee's Suspense File.
f) AB 1987 (Harman), of the 2001-02 Legislative Session,
would have allowed officers employed by various public
agencies, including DMH, to carry firearms without the
authorization of their employing agency. AB 1987 failed
passage in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Stanislaus County Deputy Probation Officers Association
American Federation of State, County, and Municipal Employees
Santa Cruz County Probation Officers Association
California Police Chiefs Association
California Teamsters Public Affairs Council
Teamsters Local Union No. 858
Riverside Sheriffs' Association
Los Angeles Probation Officers Union
Los Angeles Police Protective League
Association for Los Angeles Deputy Sheriffs
State Coalition of Probation Organizations
Sacramento County Probation Association
Peace Officers Research Association of California
Probation Peace Officers Association of Contra Costa County
Ventura County Professional Peace Officers' Association
Fraternal Order of Police, N. California Probation, Lodge #19
San Luis Obisbo County Probation Officers Association
San Joaquin County Probation Officers Association
Association of Probation Supervisors
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Yolo county Probation Association
Inyo County Probation Peace Officer Association
Madera County Probation Officers Association
Shasta County Professional Peace Officers Association
San Diego County Probation officers Association
Taxpayers for Improving Public Safety
15 Deputy Probation Officers
Opposition
Chief Probation Officers of California
California State Association of Counties
Rural County Representatives of California
Urban Counties Caucus
Los Angeles County Board of Supervisors
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744