Amended in Senate March 26, 2014

Senate Bill No. 1406

Introduced by Senator Wolk

February 21, 2014

An act to amend Section begin delete 830.55 end delete begin insert 831.5 end insert of the Penal Code, relating to correctional officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1406, as amended, Wolk. begin delete Training. end delete begin insert Correctional Officers: Napa County. end insert

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Under existing law, a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a county having a population of 425,000 or less, or by certain specified counties, including Santa Clara County, and that officer has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility. Existing law requires custodial officers to undergo specified training, and authorizes those officers to perform specified duties, including, among others, serving warrants, court orders, writs, and subpoenas in the detention facility, and maintaining custody of prisoners and related tasks. Existing law authorizes custodial officers employed by the Santa Clara County Department of Corrections to perform certain additional duties in a detention facility in that county, including, but not limited to, searching property, cells, prisoners, or visitors.

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This bill would, upon resolution by the Napa County Board of Supervisors, authorize custodial officers employed by the Napa County Department of Corrections to perform certain additional duties in a facility located in Napa County similar to those described above for Santa Clara County correctional officers. The bill would prohibit its provisions from being construed to authorize the performance of any law enforcement activity involving any person other than an inmate or his or her visitors. The bill would also include a related statement of legislative intent.

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This bill would make legislative findings and declarations as to the necessity of a special statute for Napa County.

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Existing law sets forth the selection and training standards for peace officers, including, but not limited to, local correctional officers with responsibilities over operating, and maintaining the custody of inmates or wards in, prescribed custodial facilities.

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This bill would make a technical, nonsubstantive change.

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Vote: majority. Appropriation: no. Fiscal committee: no. 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 831.5 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

831.5.  

(a) As used in this section, a custodial officer is a public
officer, not a peace officer, employed by a law enforcement agency
of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, begin insert Napa County, end insert or
a county having a population of 425,000 or less who has the
authority and responsibility for maintaining custody of prisoners
and performs tasks related to the operation of a local detention
facility used for the detention of persons usually pending
arraignment or upon court order either for their own safekeeping
or for the specific purpose of serving a sentence therein. Custodial
officers of a county shall be employees of, and under the authority
of, the sheriff, except in counties in which the sheriff, as of July
1, 1993, is not in charge of and the sole and exclusive authority to
keep the county jail and the prisoners in it. A custodial officer
includes a person designated as a correctional officer, jailer, or
other similar title. The duties of a custodial officer may include
the serving of warrants, court orders, writs, and subpoenas in the
detention facility or under circumstances arising directly out of
maintaining custody of prisoners and related tasks.

(b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under
the direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.

(c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment
to that position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the
begin delete Corrections Standards Authority end delete begin insert Board of State and Community
Corrections end insert pursuant to Section 6035. Persons designated as
custodial officers, before the expiration of the 90-day and one-year
periods described in this subdivision, who have not yet completed
the required training, shall not carry or possess firearms in the
performance of their prescribed duties, but may perform the duties
of a custodial officer only while under the direct supervision of a
peace officer, as described in Section 830.1, who has completed
the training prescribed by the Commission on Peace Officer
Standards and Training, or a custodial officer who has completed
the training required in this section.

(d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.

(e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.

(f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a
law enforcement officer; may make arrests for misdemeanors and
felonies within the local detention facility pursuant to a duly issued
warrant; may make warrantless arrests pursuant to Section 836.5
only during the duration of his or her job; may release without
further criminal process persons arrested for intoxication; and may
release misdemeanants on citation to appear in lieu of or after
booking.

(g) Custodial officers employed by the Santa Clara County
Department of Correction are authorized to perform the following
additional duties in the facility:

(1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be arrested
has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the officer
has the duty to enforce.

(2) Search property, cells, prisoners or visitors.

(3) Conduct strip or body cavity searches of prisoners pursuant
to Section 4030.

(4) Conduct searches and seizures pursuant to a duly issued
warrant.

(5) Segregate prisoners.

(6) Classify prisoners for the purpose of housing or participation
in supervised activities.

These duties may be performed at the Santa Clara Valley Medical
Center, or at other health care facilities in the County of Santa
Clara, as needed and only as they directly relate to guarding
in-custody inmates. This subdivision shall not be construed to
authorize the performance of any law enforcement activity
involving any person other than the inmate or his or her visitors.

(h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.

(i) It is the intent of the Legislature that this section, as it relates
to Santa Clara County, enumerate specific duties of custodial
officers (known as “correctional officers” in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County. These duties are the same
duties of the custodial officers prior to the date of enactment of
Chapter 635 of the Statutes of 1999 pursuant to local rules and
judicial decisions. It is further the intent of the Legislature that all
issues regarding compensation for custodial officers remain subject
to the collective bargaining process between the County of Santa
Clara and the authorized bargaining representative for the custodial
officers. However, nothing in this section shall be construed to
assert that the duties of custodial officers are equivalent to the
duties of deputy sheriffs nor to affect the ability of the county to
negotiate pay that reflects the different duties of custodial officers
and deputy sheriffs.

(j) This section shall become operative on January 1, 2003.

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(k) (1) Upon resolution by the Napa County Board of
Supervisors, custodial officers employed by the Napa County
Department of Corrections are authorized to perform all of the
following duties in a facility located in that county:

end insert begin insert

(A) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence
of the officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.

end insert begin insert

(B) Search property, cells, prisoners, or visitors.

end insert begin insert

(C) Conduct strip or body cavity searches of prisoners pursuant
to Section 4030.

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(D) Conduct searches and seizures pursuant to a duly issued
warrant.

end insert begin insert

(E) Segregate prisoners.

end insert begin insert

(F) Classify prisoners for the purpose of housing or
participation in supervised activities.

end insert begin insert

(2) This subdivision shall not be construed to authorize the
performance of any law enforcement activity involving any person
other than an inmate or his or her visitors.

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(3) It is the intent of the Legislature that this subdivision, as it
relates to Napa County, enumerate specific duties of custodial
officers (known as “correctional officers” in Napa County) and
to clarify the relationships of the correctional officers and deputy
sheriffs in that county. These duties are the same duties of the
custodial officers prior to the date of enactment of Chapter 635
of the Statutes of 1999 pursuant to local rules and judicial
decisions. It is further the intent of the Legislature that all issues
regarding compensation for custodial officers remain subject to
the collective bargaining process between Napa County and the
authorized bargaining representative for the custodial officers.
However, nothing in this subdivision shall be construed to assert
that the duties of custodial officers are equivalent to the duties of
deputy sheriffs nor to affect the ability of the county to negotiate
pay that reflects the different duties of custodial officers and deputy
sheriffs.

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begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances that exist in
Napa County, where the Napa County Department of Corrections,
rather than the County of Napa Sheriff’s Department, has
jurisdiction over the Napa County Jail facility.

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SECTION 1.  

Section 830.55 of the Penal Code is amended to
read:

830.55.  

(a) (1) As used in this section, a correctional officer
is a peace officer, employed by a city, county, or city and county
that operates a facility described in Section 2910.5 of this code or
Section 1753.3 of the Welfare and Institutions Code or facilities
operated by counties pursuant to Section 6241 or 6242 of this code
under contract with the Department of Corrections and
Rehabilitation or the Division of Juvenile Justice within the
department, who has the authority and responsibility for
maintaining custody of specified state prison inmates or wards,
and who performs tasks related to the operation of a detention
facility used for the detention of persons who have violated parole
or are awaiting parole back into the community or, upon court
order, either for their own safekeeping or for the specific purpose
of serving a sentence therein.

(2) As used in this section, a correctional officer is also a peace
officer, employed by a city, county, or city and county that operates
a facility described in Section 4115.55, who has the authority and
responsibility for maintaining custody of inmates sentenced to or
housed in that facility, and who performs tasks related to the
operation of that facility.

(b) A correctional officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties, except,
under the direction of the superintendent of the facility, while
engaged in transporting prisoners, guarding hospitalized prisoners,
or suppressing riots, lynchings, escapes, or rescues in or about a
detention facility established pursuant to Section 2910.5 or 4115.55
of this code or Section 1753.3 of the Welfare and Institutions Code.

(c) Each person described in this section as a correctional officer,
within 90 days following the date of the initial assignment to that
position, shall satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a correctional
officer, within one year following the date of the initial assignment
as an officer, shall have satisfactorily met the minimum selection
and training standards prescribed by the Board of State and
Community Corrections pursuant to Section 6035. Persons
designated as correctional officers, before the expiration of the
90-day and one-year periods set forth in this subdivision, who have
not yet completed the required training, may perform the duties
of a correctional officer only while under the direct supervision
of a correctional officer who has completed the training required
in this section, and shall not carry or possess firearms in the
performance of their prescribed duties.

(d) This section shall not be construed to confer any authority
upon a correctional officer except while on duty.

(e) A correctional officer may use reasonable force in
establishing and maintaining custody of persons delivered to him
or her by a law enforcement officer, may make arrests for
misdemeanors and felonies within the local detention facility
pursuant to a duly issued warrant, and may make warrantless arrests
pursuant to Section 836.5 only during the duration of his or her
job.

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