AB 2506, as introduced, Salas. Peace officers.
Existing law designates various persons as peace officers, including correctional officers, and provides that their authority extends to any place in the state while engaged in the performance of their duties, and for the purpose of carrying out the primary function of their employment. Existing law provides that correctional officers may carry a firearm while not on duty.
This bill would characterize medical technical assistant series employees designated by the Secretary of the Department of Corrections and Rehabilitation or designated by the secretary and employed by the State Department of State Hospitals as peace officers authorized to carry a firearm while not on duty.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 830.5 of the Penal Code is amended to
2read:
The following persons are peace officers whose authority
4extends to any place in the state while engaged in the performance
P2 1of the duties of their respective employment and for the purpose
2of carrying out the primary function of their employment or as
3required under Sections 8597, 8598, and 8617 of the Government
4Codebegin delete, as amended by Section 44 of Chapter 1124 of the Statutes . Except as specified in this section, these peace officers
5of 2002end delete
6may carry firearms only if authorized and under those terms and
7conditions specified by their employing agency:
8(a) A parole officer of the Department of Corrections and
9Rehabilitation, or the Department of Corrections and
10Rehabilitation, Division of Juvenile Parole
Operations, probation
11officer, deputy probation officer, or a board coordinating parole
12agent employed by the Juvenile Parole Board. Except as otherwise
13provided in this subdivision, the authority of these parole or
14probation officers shall extend only as follows:
15(1) To conditions of parole, probation, mandatory supervision,
16or postrelease community supervision by any person in this state
17on parole, probation, mandatory supervision, or postrelease
18community supervision.
19(2) To the escape of any inmate or ward from a state or local
20institution.
21(3) To the transportation of persons on parole, probation,
22mandatory supervision, or postrelease community supervision.
23(4) To violations of any penal provisions of law which are
24discovered while performing the
usual or authorized duties of his
25or her employment.
26(5) (A) To the rendering of mutual aid to any other law
27enforcement agency.
28(B) For the purposes of this subdivision, “parole agent” shall
29have the same meaning as parole officer of the Department of
30Corrections and Rehabilitation or of the Department of Corrections
31and Rehabilitation, Division of Juvenile Justice.
32(C) Any parole officer of the Department of Corrections and
33Rehabilitation, or the Department of Corrections and
34Rehabilitation, Division of Juvenile Parole Operations, is
35authorized to carry firearms, but only as determined by the director
36on a case-by-case or unit-by-unit basis and only under those terms
37and conditions specified by the director or chairperson. The
38Department of Corrections and Rehabilitation, Division of Juvenile
39
Justice, shall develop a policy for arming peace officers of the
40Department of Corrections and Rehabilitation, Division of Juvenile
P3 1Justice, who comprise “high-risk transportation details” or
2“high-risk escape details” no later than June 30, 1995. This policy
3shall be implemented no later than December 31, 1995.
4(D) The Department of Corrections and Rehabilitation, Division
5of Juvenile Justice, shall train and arm those peace officers who
6comprise tactical teams at each facility for use during “high-risk
7escape details.”
8(b) A correctional officer employed by the Department of
9Corrections and Rehabilitation, or of the Department of Corrections
10and Rehabilitation, Division of Juvenile Justice, having custody
11of wards or any employee of the Department of Corrections and
12Rehabilitation designated by the secretary or any correctional
13counselor series employee of the Department of
Corrections and
14Rehabilitation or any medical technical assistant series employee
15designated by the secretary or designated by the secretary and
16employed by the State Department ofbegin delete Mental Healthend deletebegin insert State
17Hospitalsend insert or any employee of the Board of Parole Hearings
18designated by the secretary or employee of the Department of
19Corrections and Rehabilitation, Division of Juvenile Justice,
20designated by the secretary or any superintendent, supervisor, or
21employee having custodial responsibilities in an institution operated
22by a probation department, or any transportation officer of a
23probation department.
24(c) The following persons may carry a firearm while not on
25duty: a parole officer of the Department of Corrections and
26Rehabilitation, or the Department of
Corrections and
27Rehabilitation, Division of Juvenile Justice, a correctional officer
28or correctional counselor employed by the Department of
29Corrections and Rehabilitation, or an employee of the Department
30of Corrections and Rehabilitation, Division of Juvenile Justice,
31having custody of wards or any employee of the Department of
32Corrections and Rehabilitation designated by the secretarybegin insert or any
33medical technical assistant series employee designated by the
34secretary or designated by the secretary and employed by the State
35Department of State Hospitalsend insert. A parole officer of the Juvenile
36Parole Board may carry a firearm while not on duty only when so
37authorized by the chairperson of the board and only under the
38terms and conditions specified by the chairperson. Nothing in this
39section shall be interpreted to require licensure pursuant to Section
4025400. The director or chairperson may deny, suspend, or
revoke
P4 1for good cause a person’s right to carry a firearm under this
2subdivision. That person shall, upon request, receive a hearing, as
3provided for in the negotiated grievance procedure between the
4exclusive employee representative and the Department of
5Corrections and Rehabilitation, Division of Juvenile Justice, or
6the Juvenile Parole Board, to review the director’s or the
7chairperson’s decision.
8(d) Persons permitted to carry firearms pursuant to this section,
9either on or off duty, shall meet the training requirements of Section
10832 and shall qualify with the firearm at least quarterly. It is the
11responsibility of the individual officer or designee to maintain his
12or her eligibility to carry concealable firearms off duty. Failure to
13maintain quarterly qualifications by an officer or designee with
14any concealable firearms carried off duty shall constitute good
15cause to suspend or revoke that person’s right to carry firearms
16off duty.
17(e) The Department of Corrections and Rehabilitation shall
18allow reasonable access to its ranges for officers and designees of
19either department to qualify to carry concealable firearms off duty.
20The time spent on the range for purposes of meeting the
21qualification requirements shall be the person’s own time during
22the person’s off-duty hours.
23(f) The secretary shall promulgate regulations consistent with
24this section.
25(g) “High-risk transportation details” and “high-risk escape
26details” as used in this section shall be determined by the secretary,
27or his or her designee. The secretary, or his or her designee, shall
28consider at least the following in determining “high-risk
29transportation details” and “high-risk escape details”: protection
30of the public, protection of officers, flight risk, and violence
31potential of the
wards.
32(h) “Transportation detail” as used in this section shall include
33transportation of wards outside the facility, including, but not
34limited to, court appearances, medical trips, and interfacility
35transfers.
36(i) This section is operative January 1, 2012.
end deleteO
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