BILL ANALYSIS �
AB 2506
Page 1
ASSEMBLY THIRD READING
AB 2506 (Salas)
As Introduced February 21, 2014
Majority vote
PUBLIC SAFETY 5-0
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|Ayes:|Melendez, Jones-Sawyer, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Permits 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.
EXISTING LAW :
1)Provides that 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 any employee of
the Department of Corrections and Rehabilitation designated by
the secretary or any 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 Mental Health or any 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 any
superintendent, supervisor, or employee having custodial
responsibilities in an institution operated by a probation
department, or any transportation officer of a probation
department.
2)Specifies 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. Except as specified in this
section, these peace officers may carry firearms only if
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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:
i) To conditions of parole, probation, mandatory
supervision, or postrelease community supervision by any
person in this state on parole, probation, mandatory
supervision, or postrelease community supervision;
ii) To the escape of any inmate or ward from a state or
local institution. To the transportation of persons on
parole, probation, mandatory supervision, or postrelease
community supervision;
iii) To violations of any penal provisions of law which
are discovered while performing the usual or authorized
duties of his or her employment:
(1) To the rendering of mutual aid to any other
law enforcement agency.
(2) 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.
(3) 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
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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.
(4) 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."
3)Provides that 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 any 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
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 Department of Corrections and
Rehabilitation, Division of Juvenile Justice, or the Juvenile
Parole Board, to review the director's or the chairperson's
decision.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Correctional peace officers
assigned to the Department of State Hospitals (DSH) as medical
technical assistants (MTA's) should be afforded the same rights
to carry weapons off-duty as when they performed the same
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duties, at the same facilities, while employed by the department
of corrections and Rehabilitation. When the law was amended to
allow DSH to employ MTA's directly (instead of through an
agreement with CDCR [California Department of Corrections and
Rehabilitation], the section allowing on-duty carry was properly
amended (Penal Code Section 830.5 (b)), however the parallel
section authorizing off-duty carry was not so amended. This bill
corrects an oversight, again allowing MTA's, who perform the
same duties with the same inmates, to carry off-duty for their
own and their families' protection."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003234