Amended in Assembly March 18, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2318

Introduced by Assembly Member Ian Calderon

February 21, 2014

An act to begin delete add Section 3055 to end delete begin insert amend Section 830.5 of end insert the Penal Code, relating to begin delete parole. end delete begin insert peace officers. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2318, as amended, Ian Calderon. begin delete Parole. end delete begin insert Peace officers: transportation detail. end insert

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Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision, and violations of law that are discovered while performing their duties. Existing law requires the Department of Corrections and Rehabilitation, Division of Juvenile Justice, to develop and implement a policy for arming peace officers of the division who comprise “high-risk transportation details.” Existing law requires the Secretary of the Department of Corrections and Rehabilitation to make a determination regarding that term and to consider protection of the public, protection of officers, flight risk, and violence potential of the wards in making that determination. Existing law also defines “transportation detail” for purposes of these provisions to include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.

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This bill would revise the definition of “transportation detail” for purposes of these provisions to specifically include work detail. The bill would also make technical changes.

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Existing law generally regulates the granting and conditioning of parole, and places the duty to monitor parolees on the Department of Corrections and Rehabilitation, Division of Adult Parole Operations. Under existing law, amended by Proposition 9, also known as Marsy’s Law, the Board of Parole Hearings is the state’s parole authority and authorizes the board to release a prisoner on a specified period of parole after the expiration of a term of imprisonment. Under existing law, the department is authorized to return a parolee to prison if the Board of Parole Hearings determines that the parolee violated the terms of his or her parole, as specified. Marsy’s Law may be amended by a bill passed by a 3⁄4 vote of each house of the Legislature.

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This bill would require the Department of Corrections and Rehabilitation to establish a program to allow elderly prisoners, who meet specified criteria, to apply for, and be released on parole.

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Vote:  begin delete ³⁄₄ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 830.5 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

830.5.  

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 or as
required under Sections 8597, 8598, and 8617 of the Government
Code, as amended by Section 44 of Chapter 1124 of the Statutes
of 2002. 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 Department of Corrections and
Rehabilitation, or the 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:

(1) To conditions of parole, probation, mandatory supervision,
or postrelease community supervision by begin delete any end delete begin insert a end insert person in this state
on parole, probation, mandatory supervision, or postrelease
community supervision.

(2) To the escape of begin delete any end delete begin insert an end insert inmate or ward from a state or local
institution.

(3) To the transportation of persons on parole, probation,
mandatory supervision, or postrelease community supervision.

(4) To violations of any penal provisions of law begin delete which end delete begin insert that end insert are
discovered while performing the usual or authorized duties of his
or her employment.

(5) (A) To the rendering of mutual aid to any other law
enforcement agency.

(B) For the purposes of this subdivision, “parole agent” shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.

(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and
Rehabilitation, Division of Juvenile Parole Operations, is
authorized to carry firearms, but only as determined by the director
on a case-by-case or unit-by-unit basis and only under those terms
and conditions specified by the director or chairperson. The
Department of Corrections and Rehabilitation, Division of Juvenile
Justice, shall develop a policy for arming peace officers of the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice, who comprise “high-risk transportation details” or
“high-risk escape details” no later than June 30, 1995. This policy
shall be implemented no later than December 31, 1995.

(D) The Department of Corrections and Rehabilitation, Division
of Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during “high-risk
escape details.”

(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody
of wards or begin delete any end delete begin insert an end insert employee of the Department of Corrections
and Rehabilitation designated by the secretary or begin delete any end delete begin insert a end insert correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of begin delete Mental Health end delete begin insert State
Hospitals end insert or begin delete any end delete begin insert an end insert employee of the Board of Parole Hearings
designated by the secretary or employee of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice,
designated by the secretary or begin delete any end delete begin insert a end insert superintendent, supervisor,
or employee having custodial responsibilities in an institution
operated by a probation department, or begin delete any end delete begin insert a end insert transportation officer
of a probation department.

(c) The following persons may carry a firearm while not on
duty: a parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and
Rehabilitation, Division of Juvenile Justice, a correctional officer
or correctional counselor employed by the Department of
Corrections and Rehabilitation, or an employee of the Department
of Corrections and Rehabilitation, Division of Juvenile Justice,
having custody of wards or begin delete any end delete begin insert an end insert employee of the Department
of Corrections and Rehabilitation 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 Department of Corrections and
Rehabilitation, Division of Juvenile Justice, or the Juvenile Parole
Board, to review the director’s or the chairperson’s decision.

(d) Persons permitted to carry begin delete firearms end delete begin insert a firearm end insert pursuant to
this section, either on or off duty, shall meet the training
requirements of Section 832 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.

(e) The Department of Corrections and Rehabilitation 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.

(f) The secretary shall promulgate regulations consistent with
this section.

(g) “High-risk transportation details” and “high-risk escape
details” as used in this section shall be determined by the begin delete secretary, end delete
begin insert secretary end insert or his or her designee. The begin delete secretary, end delete begin insert secretary end insert or his or
her begin delete designee, end delete begin insert designee end insert 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.

(h) “Transportation detail” as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, begin insert work detail, end insert and
interfacility transfers.

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(i) This section is operative January 1, 2012.

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SECTION 1.  

Section 3055 is added to the Penal Code, to read:

3055.  

(a) The Legislature finds and declares the following:

(1) The number of elderly prisoners in California is increasing
exponentially. According to the Department of Corrections and
Rehabilitation, as of June 30, 2012, the population of prisoners 55
years of age and older was almost 7,500, and that number is
projected to rise to at least 8,500 by 2014.

(2) Due to the high costs associated with geriatric medical needs,
elderly prisoners cost an average of two to three times more to
incarcerate than the general prison population. California spends
between $98,000 and $138,000 per year to house each individual
over 55 years of age.

(3) There is a significantly lower risk of recidivism among
elderly prisoners according to Department of Corrections and
Rehabilitation statistics. The department’s 2012 outcome report
shows an 11.6 percent drop in recidivism between those in the 50
to 54, inclusive, age bracket and those in the 60 and over age
bracket, and reports that only 36.2 percent of people 60 years of
age and older, who were released for the first time, returned to
prison.

(b) The Department of Corrections and Rehabilitation shall
establish a program to allow elderly prisoners, who meet the criteria
set forth in subdivision (c), to apply for, and be released on, parole.

(c) To be eligible for parole pursuant to subdivision (b), a
prisoner shall meet all of the following criteria:

(1) Be 55 years of age or older.

(2) Have served at least 50 percent of his or her sentence.

(3) Have no serious disciplinary infraction in the last two years.

(4) Have a reentry plan identifying residential, financial, and
social integration plans.

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