AB 1888: Peace officers: basic training requirements.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-06-01
Existing law requires specified peace officers to successfully complete a training course prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer.
Existing law exempts a deputy sheriff employed by certain counties to perform custodial duties, as specified, from this training requirement as long as his or her assignments remain custodial related. Existing law requires these deputy sheriffs to complete the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state.
Existing law, until January 1, 2019, exempts a deputy sheriff employed to perform custodial duties from having to retake the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state if he or she is continuously employed by the same department, maintains specified skills, and took the training course within the previous 5 years.
This bill would delete the repeal date of this provision, thereby extending the operation of this provision indefinitely.
Existing law requires specified peace officers to successfully complete a training course prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer.
Existing law exempts a deputy sheriff employed by certain counties to perform custodial duties, as specified, from this training requirement as long as his or her assignments remain custodial related. Existing law requires these deputy sheriffs to complete the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state.
Existing law, until January 1, 2019, exempts a deputy sheriff employed to perform custodial duties from having to retake the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state if he or she is continuously employed by the same department, maintains specified skills, and took the training course within the previous 5 years.
This bill would delete the repeal date of this provision, thereby extending the operation of this provision indefinitely.
Existing law requires specified peace officers to successfully complete a training course prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer.
Existing law exempts a deputy sheriff employed by certain counties to perform custodial duties, as specified, from this training requirement as long as his or her assignments remain custodial related. Existing law requires these deputy sheriffs to complete the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state.
Existing law, until January 1, 2019, exempts a deputy sheriff employed to perform custodial duties from having to retake the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state if he or she is continuously employed by the same department, maintains specified skills, and took the training course within the previous 5 years.
This bill would delete the repeal date of this provision, thereby extending the operation of this provision indefinitely.
(a)Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same.
(b)For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commissions option, shall facilitate the commissions administration of the standardized tests to all trainees.
(c)Community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of non-law-enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid.
(d)Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer.
(e)(1)Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related.
(2)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(3)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied:
(A)The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.
(B)The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.
(f)Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training.
(g)The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements.
(h)Any school peace officer first employed by a K12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment.
SEC. 2.Section 832.3 of the Penal Code, as amended by Section 229 of Chapter 86 of the Statutes of 2016, is repealed.(a)Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same.
(b)For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commissions option, shall facilitate the commissions administration of the standardized tests to all trainees.
(c)Community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of non-law-enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid.
(d)Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer.
(e)(1)Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related.
(2)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(3)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied:
(A)The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.
(B)The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.
(f)Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training.
(g)The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements.
(h)Any school peace officer first employed by a K12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment.
SEC. 2.Section 832.3 of the Penal Code, as amended by Section 229 of Chapter 86 of the Statutes of 2016, is repealed.(a)Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same.
(b)For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commissions option, shall facilitate the commissions administration of the standardized tests to all trainees.
(c)Community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of non-law-enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid.
(d)Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer.
(e)(1)Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related.
(2)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(3)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied:
(A)The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.
(B)The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.
(f)Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training.
(g)The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements.
(h)Any school peace officer first employed by a K12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment.
(i)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.SEC. 2.Section 832.3 of the Penal Code, as amended by Section 229 of Chapter 86 of the Statutes of 2016, is repealed.832.3.(a)Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same.(b)For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commissions option, shall facilitate the commissions administration of the standardized tests to all trainees.(c)Community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of non-law-enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid.(d)Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer.(e)(1)Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related.(2)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.(3)Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state.(f)Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training.(g)The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements.(h)Any school peace officer first employed by a K12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment.(i)This section shall become operative January 1, 2019.|
Date
|
Status
|
|---|---|
| Jun 1, 2018 | Chaptered by Secretary of State - Chapter 17, Statutes of 2018. |
| Jun 1, 2018 | Approved by the Governor. |
| May 24, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| May 21, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| May 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| May 16, 2018 | Read second time. Ordered to Consent Calendar. |
| May 15, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 15). |
| Apr 19, 2018 | Referred to Com. on PUB. S. |
| Mar 15, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 15, 2018 | Read third time. Passed. Ordered to the Senate. |
| Mar 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Mar 6, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (March 6). |
| Feb 5, 2018 | Referred to Com. on PUB. S. |
| Jan 19, 2018 | From printer. May be heard in committee February 18. |
| Jan 18, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 21, 2018 | Consent Calendar AB1888 | Senate Floor |
Passed |
|
| May 15, 2018 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| Mar 15, 2018 | A - 864999, Second Reading | Assembly Floor |
Passed |
|
| Mar 6, 2018 | Do pass. To Consent Calendar. | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California State Sheriffs' Association | ** Support | May 16, 2018 |
| Kings County Sheriff | ** Support | May 14, 2018 |
| Kings County Sheriff's Office | ** Support | Mar 5, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1888
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/15/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
ASSEMBLY FLOOR: 66-0, 3/15/18 (Consent) - See last page for vote
DIGEST:
This bill deletes the January 1, 2019 sunset date on provisions of law that allow a deputy sheriff assigned to custodial duties to be reassigned to the general enforcement of the criminal laws of the state within five years of completing the basic peace officer training course if the deputy sheriff has been continuously employed by the same department and has maintained perishable skills training required by the Commission on Peace officer Standards and Training (POST).
- Provides that every peace officer shall satisfactorily complete an introductory training course prescribed by POST. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms. (Pen. Code § 832, subd. (a).)
- States that every peace officer, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course specified. (Pen. Code § 832, subd. (b)(1).)
- Specifies that persons described in this chapter as peace officers who have not satisfactorily completed specified courses shall not have the powers of a peace officer until they satisfactorily complete the course. (Pen. Code § 832, subd. (c).)
- Exempts a peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by POST. (Pen. Code § 832, subd. (d).)
- Provides that a person completing the basic peace officer training who does not become employed as a peace officer within three years from the date of passing the examination, or who has a three-year or longer break in service as a peace officer, shall pass the examination prior to the exercise of the powers of a peace officer, except for the following specified individuals:
- A peace officer who is returning to a management position that is at the second level of supervision or higher;
- A peace officer who has successfully re-qualified for a basic course through POST;
- A peace officer who has maintained proficiency through teaching the basic peace officer training course;
- A peace officer, who during the break in California service, was continuously employed as a peace officer in another state or at the federal level; or,
- A peace officer, who has previously met the requirements of basic training, has been appointed as a specified custodial peace officer, and has been continuously employed as a custodial officer by the agency making the peace officer appointment since completing the basic peace officer training. (Pen. Code, § 832, subd. (e).)
- A peace officer who is returning to a management position that is at the second level of supervision or higher;
This bill deletes the January 1, 2019 sunset date on provisions of law that allow a deputy sheriff assigned to custodial duties to be reassigned to the general enforcement of the criminal laws of the state within five years of completing the basic peace officer training course if the deputy sheriff has been continuously employed by the same department and has maintained perishable skills training required by POST.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Sheriffs’ Association
OPPOSITION: (Verified 5/15/18)
None received
ASSEMBLY FLOOR: 66-0, 3/15/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Baker, Berman, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Mullin, Muratsuchi, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Arambula, Bigelow, Bloom, Brough, Chau, Chávez, Daly, Cristina Garcia, Medina, Melendez, Nazarian
5/16/18 15:44:33
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1888 Hearing Date: May 15, 2018
Author: | Salas | ||
Version: | January 18, 2018 | ||
Urgency: | No | Fiscal: | No |
Consultant: | GC | ||
Subject: Peace Officers: Basic Training Requirements
HISTORY
Source: California State Sheriff’s Association
Prior Legislation: AB 1168 (Salas) in 2015
Support: Kings County Sheriff
Opposition: None known
Assembly Floor Vote: 66 - 0
PURPOSE
The purpose of this bill is to delete the January 1, 2019 sunset date on provisions of law that allow a deputy sheriff assigned to custodial duties to be reassigned to the general enforcement of the criminal laws of the state within five years of completing the basic peace officer training course if the deputy sheriff has been continuously employed by the same department and has maintained perishable skills training required by the Commission on Peace officer Standards and Training (POST).
Existing law provides that every peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training (POST). On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms. (Pen. Code, § 832, subd. (a).)
Existing law states that every peace officer, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course specified. (Pen. Code, § 832, subd. (b)(1).)
Existing law specifies that persons described in this chapter as peace officers who have not satisfactorily completed specified courses shall not have the powers of a peace officer until they satisfactorily complete the course. (Pen. Code, § 832, subd. (c).)
Existing law exempts a peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by the Commission on Peace Officer Standards and Training (POST). (Pen. Code, § 832, subd. (d).)
Existing law provides that a person completing the basic peace officer training who does not become employed as a peace officer within three years from the date of passing the examination, or who has a three-year or longer break in service as a peace officer, shall pass the examination prior to the exercise of the powers of a peace officer, except for the following specified individuals:
- A peace officer who is returning to a management position that is at the second level of supervision or higher;
- A peace officer who has successfully re-qualified for a basic course through the Commission on Peace Officer Standards and Training (POST);
- A peace officer who has maintained proficiency through teaching the basic peace officer training course;
- A peace officer, who during the break in California service, was continuously employed as a peace officer in another state or at the federal level; or,
- A peace officer, who has previously met the requirements of basic training, has been appointed as a specified custodial peace officer, and has been continuously employed as a custodial officer by the agency making the peace officer appointment since completing the basic peace officer training. (Pen. Code, § 832, subd. (e).)
This bill deletes the January 1, 2019 sunset date on provisions of law that allow a deputy sheriff assigned to custodial duties to be reassigned to the general enforcement of the criminal laws of the state within five years of completing the basic peace officer training course if the deputy sheriff has been continuously employed by the same department and has maintained perishable skills training required by the Commission on Peace officer Standards and Training (POST).
COMMENTS
- Need for This Bill
According to the author:
When a person that has completed the full basic academy course gets hired by a county as an 830.1(c) deputy in the county jail, that deputy then has 3 years from the time they graduate from the academy to obtain an 830.1(a) position before their POST eligibility expires. While many counties work to ensure that jail deputies that wish to transfer to patrol do so in less than 3 years, patrol positions may not always be available prior to the expiration of a person’s eligibility. In those situations, the deputy must then complete a refresher course, which costs money for the deputy and requires the county to backfill the person’s time while the person is taking the class.
In 2015 AB 1168 (Salas) allowed deputies that have gone through the full basic academy course and have been hired as an 830.1(c) deputy to maintain eligibility for an additional two years before moving to a patrol position within the same agency. Since implementation AB 1168 has allowed counties to retain qualified personnel without having to go through the expense of retraining those same deputies based on the job classification for which they have been hired.
Unfortunately the eligibility extension is set to sunset in January 2019. AB 1888 would delete the sunset provision in existing law, indefinitely extending the current program.
- POST Training Requirements
POST was created by the legislature in 1959 to set minimum selection and training standards for California law enforcement. (Pen. Code, § 13500, subd. (a).) Their mandate includes establishing minimum standards for training of peace officers in California. (Pen. Code § 13510, subd. (a).) As of 1989, all peace officers in California are required to complete an introductory course of training prescribed by POST, and demonstrate completion of that course by passing an examination. (Pen. Code, § 832, subd. (a).)
According to the POST Web site, the Regular Basic Course Training includes 42 separate topics, ranging from juvenile law and procedure to search and seizure. [POST, Regular Basic Course Training Specifications; <http://post.ca.gov/regular-basic-course-training-specifications.aspx>.] These topics are taught during a minimum of 664 hours of training. [POST, Regular Basic Course, Course Formats, available at: [<http://post.ca.gov/regular-basic-course.aspx.] Over the course of the training, individuals are trained not only on policing skills such as crowd control, evidence collection and patrol techniques, they are also required to recall the basic definition of a crime and know the elements of major crimes. This requires knowledge of the California Penal code specifically.
- Peace Officer Status Lapses for Custodial Officers and Re-Training
All peace officers in California are required to complete a mandated basic training course which is certified by POST. Additionally, the peace officer must pass an examination. Once the officer completes the course and satisfactorily passes the examination, the officer must become a peace officer within three years of passing the examination, and may not have a break in service of three years of longer. If the officer does not become employed as a peace officer, or has the proscribed break in service they must repeat the training and retake the examination.
Some officers who complete the full basic training course for peace officers and pass the examination are assigned to custodial officer positions. These positions may also be filled by officers who complete a significantly less strenuous training course, and thus they do not have the full powers of peace officers. Since these positions are not "patrol" positions, the officers who have completed full training experience a lapse in their full peace officer status and must re-train and pass the examination after three years in a custodial position. However, many counties only hire fully trained peace officers for the same custodial positions so their officers are considered peace officers will the full powers permitted under Penal Code § 832 and they do not experience a lapse in status. Therefore, a fully trained peace officer who is hired in Marin County and employed as a custodial officer will not have to re-train if he or she later decides to transfer to a patrol position. While at the same time, a fully trained peace officer who is hired in Kings County as a custodial officer will have to re-train after three years because their peace officer status as lapsed.
-- END –
Date of Hearing:
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1888
Author:(Salas) – As Introduced Ver:January 18, 2018
SUMMARY: Deletes the January 1, 2019 sunset date on provisions of law that allow a deputy sheriff assigned to custodial duties to be reassigned to the general enforcement of the criminal laws of the state within five years of completing the basic peace officer training course if the deputy sheriff has been continuously employed by the same department and has maintained perishable skills training required by the Commission on Peace officer Standards and Training (POST)
EXISTING LAW:
- Provides that every peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training (POST). On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms. (Pen. Code, § 832, subd. (a).)
- States that every peace officer, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course specified. (Pen. Code, § 832, subd. (b)(1).)
- Specifies that persons described in this chapter as peace officers who have not satisfactorily completed specified courses shall not have the powers of a peace officer until they satisfactorily complete the course. (Pen. Code, § 832, subd. (c).)
- Exempts a peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by the Commission on Peace Officer Standards and Training (POST). (Pen. Code, § 832, subd. (d).)
- Provides that a person completing the basic peace officer training who does not become employed as a peace officer within three years from the date of passing the examination, or who has a three-year or longer break in service as a peace officer, shall pass the examination prior to the exercise of the powers of a peace officer, except for the following specified individuals:
- A peace officer who is returning to a management position that is at the second level of supervision or higher;
- A peace officer who has successfully re-qualified for a basic course through the Commission on Peace Officer Standards and Training (POST);
- A peace officer who has maintained proficiency through teaching the basic peace officer training course;
- A peace officer, who during the break in California service, was continuously employed as a peace officer in another state or at the federal level; or,
- A peace officer, who has previously met the requirements of basic training, has been appointed as a specified custodial peace officer, and has been continuously employed as a custodial officer by the agency making the peace officer appointment since completing the basic peace officer training. (Pen. Code, § 832, subd. (e).)
- A peace officer who is returning to a management position that is at the second level of supervision or higher;
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, “In 2015, I authored Assembly Bill 1168 to exempt a custodial peace officer, hired pursuant to Penal Code Section 830.1(c), who has completed the regular basic course (full peace officer academy) through the Commission of Peace Officer Standards (POST), and has maintained his or her perishable skills training, from requalification requirements if he or she has been continuously employed as a custodial peace officer in that jurisdiction, for a up to five years, instead of the regular three-year validity period. This exemption has allowed Kings County in my district to retain qualified personnel, resulting in cost savings for the county.
"AB 1168 sunsets on January 1, 2019. AB 1888 would eliminate this sunset so custodial peace officers who are continuously employed as custodial officers and keep up their training can maintain their POST eligibility to transfer to a regular deputy position without undergoing costly recertification for a total of five years, instead of three if the sunset is allowed to expire.”
- POST Training Requirements: POST was created by the legislature in 1959 to set minimum selection and training standards for California law enforcement. (Pen. Code, § 13500, subd. (a).) Their mandate includes establishing minimum standards for training of peace officers in California. (Pen. Code § 13510, subd. (a).) As of 1989, all peace officers in California are required to complete an introductory course of training prescribed by POST, and demonstrate completion of that course by passing an examination. (Pen. Code, § 832, subd. (a).)
According to the POST Web site, the Regular Basic Course Training includes 42 separate topics, ranging from juvenile law and procedure to search and seizure. [POST, Regular Basic Course Training Specifications; <http://post.ca.gov/regular-basic-course-training-specifications.aspx>.] These topics are taught during a minimum of 664 hours of training. [POST, Regular Basic Course, Course Formats, available at: [<http://post.ca.gov/regular-basic-course.aspx.] Over the course of the training, individuals are trained not only on policing skills such as crowd control, evidence collection and patrol techniques, they are also required to recall the basic definition of a crime and know the elements of major crimes. This requires knowledge of the California Penal code specifically.
- Peace Officer Status Lapses for Custodial Officers and Re-Training: All peace officers in California are required to complete a mandated basic training course which is certified by POST. Additionally, the peace officer must pass an examination. Once the officer completes the course and satisfactorily passes the examination, the officer must become a peace officer within three years of passing the examination, and may not have a break in service of three years of longer. If the officer does not become employed as a peace officer, or has the proscribed break in service they must repeat the training and retake the examination.
Some officers who complete the full basic training course for peace officers and pass the examination are assigned to custodial officer positions. These positions may also be filled by officers who complete a significantly less strenuous training course, and thus they do not have the full powers of peace officers. Since these positions are not "patrol" positions, the officers who have completed full training experience a lapse in their full peace officer status and must re-train and pass the examination after three years in a custodial position. However, many counties only hire fully trained peace officers for the same custodial positions so their officers are considered peace officers will the full powers permitted under Penal Code § 832 and they do not experience a lapse in status. Therefore, a fully trained peace officer who is hired in Marin County and employed as a custodial officer will not have to re-train if he or she later decides to transfer to a patrol position. While at the same time, a fully trained peace officer who is hired in Kings County as a custodial officer will have to re-train after three years because their peace officer status as lapsed.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriff's Association
Kings County Sheriff's Office
Opposition
None
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744
Bill Author
Bill Co-Author(s):