BILL ANALYSIS �
AB 2314
Page 1
ASSEMBLY THIRD READING
AB 2314 (Hall)
As Amended May 7, 2014
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
-----------------------------------------------------------------
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 officer 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 :
AB 2314
Page 2
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.
2)Specifies that the following persons are peace officers whose
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 the CDCR,
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
AB 2314
Page 3
or any employee of the CDCR 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,
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 Penal Code 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.
3)Provides that persons permitted to carry firearms, 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.
4)States that the CDCR shall allow reasonable access to its
ranges for officers and designees of either department to
AB 2314
Page 4
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.
5)Provides that "high-risk transportation details" and
"high-risk escape details" shall be determined by the
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill does not require arming, the cost is
limited to adoption of an arming policy by probation departments
that do not currently have such a policy. As most counties do
have a policy - most arm some probation officers at the
discretion of the chief - and as adoption of an arming policy is
not a complicated process, the cost of formalizing a policy
should be absorbable.
COMMENTS : 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."
AB 2314
Page 5
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003472