AB 2830: Public Safety Officers Procedural Bill of Rights Act: additional officers subject to act.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-03-17
(1)The Public Safety Officers Procedural Bill of Rights Act designates the specific types of public safety officers who are subject to the application of the act.
This bill would include correctional officers who are employed by a city, county, or city and county in facilities with specific types of inmates, that include, among others, parole violators and wards in the custody of the Director of the Youth and Adult Correctional Agency or Division of Juvenile Justice within the application of the act, thereby creating a state-mandated local program by imposing new duties on local agencies to follow the requirements of the act with respect to these persons.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires the interest on bonds of a public body to be payable at the times established in the resolution, indenture, agreement, or other instrument providing for the issuance of bonds, and authorizes the governing body of a public body to authorize the issuance of bonds pursuant to a resolution, indenture, agreement, or other instrument providing for the issuance of bonds. Existing law defines the terms bonds, public body, and governing body for purposes of these provisions.
This bill would make nonsubstantive changes to those definitions.
Existing law requires the interest on bonds of a public body to be payable at the times established in the resolution, indenture, agreement, or other instrument providing for the issuance of bonds, and authorizes the governing body of a public body to authorize the issuance of bonds pursuant to a resolution, indenture, agreement, or other instrument providing for the issuance of bonds. Existing law defines the terms bonds, public body, and governing body for purposes of these provisions.
This bill would make nonsubstantive changes to those definitions.
(a)For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, 830.5, and 830.5 830.55 of the Penal Code.
(b)The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 5850 of the Government Code is amended to read:5850.For purposes of this chapter, the following definitions shall apply:
(a)Bonds means any bonds, notes, certificates of indebtedness or other evidences of indebtedness issued after January 1, 1989, by a public body that is authorized to issue bonds, notes, certificates of indebtedness or other evidence of indebtedness.
(b)Public body means the county, city, city and county, public district, public authority, public corporation, nonprofit corporation or other statutorily constituted public entity that is authorized to issue bonds.
(c)Governing body means the governing board, commission, city council, board of supervisors, board of directors or similar multimember body that exercises authority over a public body.
As used in this chapter: For purposes of this chapter, the following definitions shall apply:
(a)Bonds means any bonds, notes, certificates of indebtedness or other evidences of indebtedness issued after January 1, 1989, by a public body which that is authorized to issue bonds, notes, certificates of indebtedness or other evidence of indebtedness.
(b)Public body means the county, city, city and county, public district, public authority, public corporation, nonprofit corporation or other statutorily constituted public entity which that is authorized to issue bonds.
(c)Governing body means the governing board, commission, city council, board of supervisors, board of directors or similar multimember body which that exercises authority over a public body.
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Date
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Status
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| Feb 19, 2016 | Introduced. To print. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
| Feb 22, 2016 | Read first time. |
| Mar 17, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 17, 2016 | Referred to Com. on PUB. S. |
| Mar 28, 2016 | Re-referred to Com. on PUB. S. |
| Apr 20, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR. |
| May 4, 2016 | In committee: Hearing postponed by committee. |
| May 18, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | In committee: Held under submission. |
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Date
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Description
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Location
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Votes
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| Apr 19, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| California Youth Connection | * Support | Jun 26, 2018 |
Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2830
Author:(Salas) – As Amended Ver:March 17, 2016
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill includes correctional officers who are employed by a city or county, in facilities that have arranged to house inmates in the custody of the California Department of Corrections and Rehabilitation and juveniles in the custody of the Division of Juvenile Justice, within the Peace Officer Bill of Rights. (POBOR).
FISCAL EFFECT:
Unknown, additional reimbursable state mandated costs; in excess of $1 million. Although, prior POBOR mandate reimbursements, POBOR I and POBOR II, have been deferred for several years, this POBOR mandate will be added to the over $60 million owed.
COMMENTS:
Background. The Peace Officers Bill of Rights (POBOR) provides peace officers with procedural protections relating to investigation and interrogations of peace officers, self-incrimination, privacy, polygraph exams, searches, personnel files, and administrative appeals. When the Legislature enacted POBOR in 1976 it found and declared “that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern.”
Deputy sheriffs, in specified counties, employed to perform duties exclusively related to custodial assignments involving the custody, care, supervision, security, movement, and transportation of inmates are covered by POBOR.
Legislation in 2012, created a new classification of Correction Officer for the newly-created Modified Community Correctional Facilities. However, community corrections officers were not included within POBOR at the time.
Purpose. This bill will provide community correctional officers the same protections other correctional officers currently have.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2830
Author:(Salas) – As Amended Ver:March 17, 2016
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill includes correctional officers who are employed by a city or county in facilities that have arranged to house inmates in the custody of the California Department of Corrections and Rehabilitation and juveniles in the custody of the Division of Juvenile Justice, within the Peace Officer Bill of Rights. (POBOR).
FISCAL EFFECT:
Unknown, additional reimbursable state mandated costs; however, prior POBOR mandate reimbursements, POBOR I and POBOR II, have been deferred for several years.
COMMENTS:
Background. The Peace Officers Bill of Rights (POBOR) provides peace officers with procedural protections relating to investigation and interrogations of peace officers, self-incrimination, privacy, polygraph exams, searches, personnel files, and administrative appeals. When the Legislature enacted POBOR in 1976 it found and declared “that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern.”
Deputy sheriffs, in specified counties, employed to perform duties exclusively related to custodial assignments involving the custody, care, supervision, security, movement, and transportation of inmates are covered by POBOR.
Legislation in 2012, created a new classification of Correction Officer for the newly-created Modified Community Correctional Facilities. However, community corrections officers were not included within POBOR at the time.
Purpose. This bill will provide community correctional officers the same protections other correctional officers currently have.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing:
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2830
Author:(Salas) – As Amended Ver:March 17, 2016
SUMMARY:
Includes correctional officers who are employed by a city or county in facilities that have arranged to house inmates in the custody of the California Department of Corrections and Rehabilitation and juveniles in the custody of the Division of Juvenile Justice, within the Peace Officer Bill of Rights. (POBOR)
EXISTING LAW:
- States that for purposes of the (POBR), the term "public safety officer" means peace officers listed in specified sections of the Penal Code. (Gov. Code, § 3301.)
- Finds and declares that the rights and protections provided to peace officers under POBR constitute a matter of statewide concern. (Gov. Code, § 3301.)
- Finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations between public safety employees and their employers. (Gov. Code, § 3301.)
- States that in order to assure that stable relations are continued throughout the state, and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined, wherever situated within the State of California. (Gov. Code, § 3301.)
- Specifies that any deputy sheriff of the County of Los Angeles, and any deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency, is covered by POBR. (Pen. Code, § 830.1, subd. (c), Gov. Code, § 3301.)
- Specifies that a correctional officer is a peace officer, employed by a city, county, or city and county that operates a facility, as specified, who has the authority and responsibility for maintaining custody of state prison inmates or juvenile inmates, 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. (Pen. Code, § 830.55, subd. (a)(1).)
- Specifies that a correctional officer employed by a city or county who has the authority and responsibility for maintaining custody of inmates sentenced to or housed in a facility which provides housing for inmates sentenced to a county jail in community correctional facilities created to house specified state prison inmates is also a peace officer. (Pen. Code, § 830.55, subd. (a)(2).)
- States that upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with other public agencies to provide housing for inmates sentenced to a county jail. (Pen. Code, § 4115.55.)
- States that the Secretary of the Department of Corrections and Rehabilitation may enter into an agreement with a city, county, or city and county to permit transfer of prisoners in the custody a jail or other adult correctional facility of the city, county, or city and county, if the sheriff or corresponding official having jurisdiction over the facility has consented thereto. (Pen. Code, § 2910, subd. (a).)
- Specifies that the Director of Corrections may enter into a long-term agreement not to exceed 20 years with a city, county, or city and county to place parole violators and other state inmates in a facility which is specially designed and built for the incarceration of parole violators and specified state prison inmates. (Pen. Code, § 2910.5.)
- Provides that the Director of the Youth Authority may enter into an agreement with a city, county, or city and county, to permit transfer of wards in the custody of the Director of the Youth Authority to an appropriate facility of the city, county, or city and county, if the official having jurisdiction over the facility has consented. The agreement shall provide for contributions to the city, county, or city and county toward payment of costs incurred with reference to the transferred wards. (Welf. & Inst. Code, § 1753.3.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "AB 2803 will end the disparity that currently exists within Section 3301. This bill will provide community correctional officers the same protections other correctional officers currently have. The intent of Section 3301 is to improve all phases of law enforcement by maintaining stable employee-employer relations within law enforcement communities throughout the state. AB 2803 will help provide needed due process.”
"In 2012, an emergency legislative act was signed into law, by Governor Jerry Brown, which created a new classification of Correction Officer for the newly created 'Modified Community Correctional Facilities.' The facilities were created to deal with the prisoner overcrowding in our State Correctional Facilities. The legislative act is now Penal Code 830.55, which defines this community correctional officer classification and the scope of peace officer status that they maintain.
"When the law was passed, community corrections officers were not included within the Peace Officers Bill of Rights (POBR)."
- Peace Officers Bill of Rights (POBR): POBR provides peace officers with procedural protections relating to investigation and interrogations of peace officers, self-incrimination, privacy, polygraph exams, searches, personnel files, and administrative appeals. When the Legislature enacted POBR in 1976 it found and declared “that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern.” The statute this bill seeks to amend (Gov. Code, § 3307.5.) was incorporated into POBR in 1999.
- POBR Covers Specified Peace Officers: POBR covers a wide variety of peace officers.
The list of peace officers currently covered includes:
Police officers and deputy sheriffs. (Pen. Code, § 830.1.)
Specified deputy sheriffs that exclusively handle inmate custody. (Pen. Code, § 830.1.)
California Highway Patrol Officers (Pen. Code, § 830.2.)
Specified community college and school district police. (Pen. Code, § 830.32.)
BART Police, harbor or port police, transit police. (Pen. Code, § 830.33.)
Municipal utitlity district and county water district security officers. (Pen. Code, § 830.34.) Welfare fraud or child support investigator or inspector, as specified (Pen. Code, § 830.35.) Sargeant at Arms of each house of the Legislature. (Pen. Code, § 830.36.)
Members of an Arson Investigating Unit. (Pen. Code, § 830.37.)
Officers of a state hospital under the jurisdiction of the State Department of State Hospitals. (Pen. Code, § 830.38.)
Parole Officers, probation officers, and correctional officers for the California Department of Corrections and Rehabilitation (CDCR). (Pen. Code, § 830.5.)
(This list is not exhaustive)
Deputy sheriffs, in specified counties, employed to perform duties exclusively related to custodial assignments involving the custody, care, supervision, security, movement, and transportation of inmates are covered by POBR. (Pen. Code, § 830.1, subd. (c), Gov. Code, § 3301.) Those deputy sheriffs have similar duties and responsibilities to the peace officers described in this bill.
The peace officers specified in this bill also have responsibilities that are purely custodial in nature. The individuals that they are responsible for supervising are specified adult and juvenile inmates of the state correctional system. These individuals are either adults under the authority of the California Department of Corrections and Rehabilitation or juveniles under the authority of the Division of Juvenile Justice. The state has contracted with certain cities and counties for those jurisdictions provide facilities for custodial supervision of the specified adult and juvenile inmates. Given the similarity to the responsibilities of deputy sheriffs in certain counties that are purely custodial officers, it would not be inconsistent to cover the custodial peace officers specified in this bill under POBR. - Argument in Support: According to The California Labor Federation, “In 2011, to address prisoner overcrowding in state correctional facilities Governor Brown signed the Public Safety Realignment (Realignment). Under Realignment, community correctional facilities (CCFs) were given the authority to contract with county jails to house low-level offender. The position of CCF correctional officers was then created for enforcing rules and keeping order within jails, supervising activities of inmates, and inspecting facilities to ensure that they meet security and safety standards.
“CCF correctional officers must satisfactorily complete the same training as state employed correctional officers and the scope of their responsibilities and peace officer powers are equal to that of State correctional officers. However, state correctional officers are protected under the Public Safety officers Procedural Bill of Rights Act and CCF correctional officers are not.
“AB 2830 will add CCF correctional officers to the Public Safety Officers Procedural Bill of Rights Act to ensure that CCF correctional officers have the same rights and protections as their equal counterpart, State employed correctional officers.” - Argument in Opposition: According to The California Public Defenders Association, “This bill would include correctional officers who are employed by a city, county, or city and county in facilities with specific types of inmates, that include, among others, parole violators and wards in the custody of the Director of the Youth and Adult Correctional Agency or Division of Juvenile Justice within the application of the act, thereby creating a state-mandated local program by imposing new duties on local agencies to follow the requirements of the act with respect to these persons.
“This bill would apply to all correctional officers who are employed by a city or county. This is by virtue of the fact that under the Realignment Law (AB 109) parole violators, with some exceptions, are housed in local jails.
“The news recently has been rife with examples of misconduct by correction officers. In some cases, criminal charges have been brought against correctional officers for the death of inmate(s) (Santa Clara County). In another case, there have been allegations that correctional officers have staged fights between inmates. (San Francisco County).” - Related Legislation: AB 1872 (Gray), would include deputy sheriffs in the County of Merced within the definition of peace officers that includes peace officers who are employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities. AB 1872 is set for hearing in the Assembly Public Safety Committee on April 19, 2016.
- Prior Legislation:
- AB 398 (Fox), of the Legislative Session of 2013-2014, would have included coroners and deputy coroners within the application of POBR. AB 398 was held in the Assembly Appropriations Committee.
- SB 522 (Chesbro), of the Legislative Session of 2001-2002, would have included within POBR, public officers who are custodial officers employed by a law enforcement agency of a city or county, other than Santa Clara County, who have the authority and responsibility for maintaining the custody of prisoners and who perform tasks related to the operation of a local detention facility. SB 522 was held in the Senate Appropriations Committee.
- AB 398 (Fox), of the Legislative Session of 2013-2014, would have included coroners and deputy coroners within the application of POBR. AB 398 was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Labor Federation
Communications Workers of America, District 9 AFL-CIO
Opposition
California Public Defenders Association
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
Discussed in Hearing
5MIN
Senate Standing Committee on Human Services
Bill Author
Bill Co-Author(s):