Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation for the purpose of developing, approving, and monitoring the selection and training of correctional peace officers employed by the state.

This bill would require CPOST to make certain content available on its Internet Web site, including live streams and recordings of its meetings, meeting agendas, minutes, and supporting documentation, and professional development materials for state correctional employees, which shall also be made available to the public.

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1777

Author:(Muratsuchi) – As Introduced Ver:

SUMMARY:

Requires the California Commission on Correctional Peace Officer Standards and Training (CPOST) to record, archive, and make publicly available certain documents and information regarding commission meetings. Specifically, this bill:

1. Requires CPOST to post and maintain on its internet website the following:
   
   1. Agendas, minutes, and any related supporting documents of commission meetings;
      
   2. An archive of the above mentioned documents; and,
      
   3. Any documents that provide employees of the California Department of Corrections and Rehabilitation (CDCR) with greater access to professional development materials.
      
2. States that CPOST must transmit, and subsequently archive, live video and audio of all its meetings via its internet website.
   
3. Creates two exceptions to the above rules:
   
   1. For closed proceedings authorized under the Bagley-Keene Open Meeting Act; and
      
   2. For documents exempted from disclosure under the California Public Records Act.
      

EXISTING LAW:

1. Creates CPOST within the CDCR. (Pen. Code, § 13600, subd. (b).)
   
2. Requires that the executive board of CPOST be composed of voting members to be determined as follows:
   
   1. Three members from, appointed by, and representing the management of CDCR, one of whom shall represent the Department of Juvenile Justice (DJJ) or the Division of Rehabilitative Programming.
      
   2. Three members from, and appointed by the Governor, and representing the membership of the California Correctional Peace Officers’ Association (CCPOA). Two members shall be rank-and-file persons from State Bargaining Unit 6 and one member shall be supervisory. (Pen. Code, § 13600, subd. (c)(1)(A) & (B).)
      
3. Provides that CPOST's executive board shall adopt rules as it deems necessary for efficient operations, including forming subcommittees it deems necessary to conduct its business. These adopted rules must conform to the rules of the State Personnel Board, Department of Personnel Administration, and the provisions of the State Bargaining Unit 6 Memorandum of Understanding. (Pen. Code, § 13600, subd. (e).)
   
4. Requires CPOST to develop, approve and monitor standards for the selection and training of state correctional peace officer apprentices. Such standards are subject to the approval of the Department of Human Resources. (Pen. Code, § 13601, subd. (a).)
   
5. Requires CPOST to develop, approve and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for CDCR. (Pen. Code, § 13601, subd. (d).)
   
6. Gives CPOST the authority to design, deliver and monitor compliance of training programs, and conduct validation studies thereon. (Pen. Code, § 13601, subd. (g).)
   
7. Mandates that CPOST annually submit an estimate of the costs to conduct inquiries and audits as may be necessary to determine whether CDCR and each of CDCR's institutions and parole regions are adhering to the standards developed by CPOST. (Pen. Code, § 13601, subd. (i).)
   
8. States that CPOST shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties. (Pen. Code, § 13601, subd. (j).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "This bill increases the ability to hold the California Department of Corrections and Rehabilitation accountable for the performance of its peace officers, and establishes a more meaningful system of accountability for California’s correctional system by involving the general public.”
   
2. CPOST Background Information: In 2015, the California Legislature re-instituted CPOST to develop, approve, and monitor consistent selection and training standards for correctional peace officers, including advanced rank-and-file and supervisory state correctional peace officers.
   
3. Current CPOST Website Postings: At present, available on CPOST’s website are various links to meeting agendas, minutes, and notices dating back to December 15, 2015. One example of a current link is the minutes from a meeting on August 11, 2017, wherein the Commission discussed, among other subjects: repairing the often outdated policy for the Basic Correctional Juvenile Academy, contacting wardens from institutions which had continuously failed to respond to requests to complete Apprenticeship Program paperwork, and postponed discussing training standards until a subsequent meeting. It is unclear to this committee whether the website currently posts all meeting agendas, minutes, and notices as this bill would mandate. (See <https://cpost.ca.gov/commission-meetings/ >)
4. Argument in Support: According to the American Civil Liberties Union, “Government transparency is the foundation of democracy; a government agency that works in the shadows cannot be accountable to the public. This is particularly true for any agency employing peace officers in light of the momentous power entrusted to these officers and their agencies.

“Publishing key information about the workings of government agencies on Internet web sites will promote greater public understanding and access to CPOST and ensure that it is as accountable to the public as it should be.”

1. Related Legislation: SB 978 (Bradford), would require the Commission on Peace Officer Standards and Training (POST) and all local law enforcement agencies, to post on their respective internet websites all current policies, procedures, and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act.
   
2. Prior Legislation:
   
   1. AB 562 (Muratsuchi), of the 2017-2018 Legislative Session, as introduced, was identical to this bill. AB 562 was substantially amended in the Senate to address an unrelated subject matter.
      
   2. SB 1127 (Hancock), of the 2015-2016 Legislative Session, was identical to this bill. SB 1127 was never heard in the Assembly Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union

Oakland Privacy
California Correctional Peace Officers Association

California Public Defender’s Association

Opposition

None

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744