AB 1921: Correctional officers.

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Existing law establishes the Commission on Correctional Peace Officer Standards and Training (CPOST) within the Department of Corrections and Rehabilitation and requires the CPOST to develop, approve, and monitor standards for the selection and training of state correctional officers. Existing law requires each applicant for the position of correctional officer with the Department of Corrections and Rehabilitation to undergo a mental health evaluation, prior to beginning employment, to ensure they do not have an emotional or mental condition that might adversely affect their exercise of the duties and powers in the position.

This bill would allow a correctional officer employed by the Department of Corrections and Rehabilitation to receive a confidential mental health evaluation every calendar year to determine whether the individual has an emotional or mental condition that might adversely affect their exercise of the duties and powers of a correctional officer. The bill would specify the training and experience required for those conducting the evaluations. If a mental health evaluator determines that the individual has a condition that might adversely affect their exercise of the duties and powers of a correctional officer, the bill would require the evaluator to notify the correctional officer of that determination and to provide mental health resources, as specified. The bill would require the correctional officer to be allowed to receive treatment from a mental health professional of their choosing, and would require the costs of the mental health evaluation and treatment to be paid for by the department. As an incentive to participate in the mental health evaluation and treatment, the bill would allow for monetary bonuses, as specified. The bill would prohibit the evaluation from being shared with the Department of Human Resources without the affirmative and informed written consent of the correctional officer. The bill would prohibit the evaluation from being shared with the Department of Corrections and Rehabilitation, or an individual or entity with authority over the department, as specified, and would prohibit the employer from taking action, as specified, against a correctional officer for being evaluated or for accessing mental health or other resources as a result of that evaluation. The bill would become operative only upon an agreement between an employer and a recognized employee organization or bargaining unit pursuant to specified provisions.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 13601.5 is added to the Penal Code, to read:13601.5.

(a)The Legislature finds and declares all of the following:

(1)The emotional and mental well-being of correctional officers is critical to maintaining a safe environment for staff and inmates in the facilities of the Department of Corrections and Rehabilitation.

(2)Correctional officers are exposed to violence at rates roughly comparable to military veterans.

(3)Correctional officers have a high incidence of serious stress-related illnesses compared to average Americans.

(4)Unidentified and untreated mental health issues have serious negative impacts on correctional officers and their families and the dynamics of a correction environment, and affect their ability to carry out their duties in a safe and appropriate manner.

(5)Correctional officers mental health needs are often overlooked until a response is necessitated by negative behavior or a significant event.

(6)Correctional officers are currently required to have a mental health evaluation prior to employment with the Department of Corrections and Rehabilitation.

(7)Routine engagement and evaluation can improve early detection or even prevent serious mental health issues.

(b)Notwithstanding any other law, a correctional officer for the Department of Corrections and Rehabilitation, as defined in subdivision (b) of Section 830.5, shall be entitled to receive a mental health evaluation once every calendar year. An evaluation pursuant to paragraph (2) of subdivision (a) of Section 13601 within the calendar year satisfies this subdivision. Yearly mental health evaluations conducted pursuant to this subdivision shall be separated by at least six months.

(1)Mental health evaluations shall be conducted through the Department of Human Resources by either of the following:

(A)A physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California who has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.

(B)A psychologist licensed by the Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after receipt of their doctorate degree.

(2)The mental health evaluation shall include a determination of whether the individual has an emotional or mental health condition that might adversely affect their exercise of the duties and powers of a correctional officer employed by the Department of Corrections and Rehabilitation. The evaluator shall share this information with the correctional officer.

(3)The mental health evaluation shall be confidential between the evaluator and the correctional officer and shall only be shared with the Department of Human Resources at the sole discretion, and with the affirmative and informed written consent, of the correctional officer. The evaluation shall not be shared with any individual or entity with authority over the Department of Corrections and Rehabilitation pursuant to a lawfully declared receivership, an appointee, executive, manager, or employee that has supervisorial responsibilities, or any other employee employed by or having jurisdiction over the Department of Corrections and Rehabilitation. The evaluation shall not be shared by any appointee, executive, manager, or other employee who has access to, or may access, personnel records at the Department of Human Resources with the Department of Corrections and Rehabilitation.

(4)(A)The mental health evaluator shall provide the individual with information on mental health treatment or other mental health resources. The mental health evaluator shall provide a list of mental health professionals, including, but not limited to, psychiatrists, psychologists, licensed clinical social workers, marriage family therapists, and other qualified therapists, with specific experience working with mental health issues experienced by first responders, law enforcement, or military personnel.

(B)A participating correctional officer shall receive mental health treatment from a qualified, licensed mental health professional of their choosing. The correctional officer may receive treatment from a mental health professional who is not on the list provided by the mental health evaluator.

(C)Any and all costs for and related to the mental health evaluation, treatment, and other resources shall be paid for by the department. The department shall not pass any costs for or related to the mental health evaluation, treatment, and other resources on to the correctional officer directly or indirectly, including, but not limited to, increased insurance premiums paid by the correctional officer.

(c)(1)Participation in mental health treatment or accessing mental health resources as a result of that evaluation is voluntary. A correctional officer shall not be disciplined, discharged, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against for being evaluated pursuant to subdivision (b), for participating in mental health treatment, or for accessing other mental health resources as a result of that evaluation.

(2)Correctional officers participating in the mental health evaluation or receiving mental health treatment shall receive a bonus of ____ dollars ($____) for each evaluation and subsequent treatment with a mental health professional received pursuant to subdivision (b). A participating correctional officer shall not be entitled to a bonus for more than one mental health treatment session per quarter. The bonus shall be paid on a quarterly basis.

(d)The provisions of this section, in whole or in part, shall not become operative unless an agreement has been reached between the employer and a recognized employee organization or bargaining unit pursuant to Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code.

Date	Status
May 19, 2022	In committee: Held under submission.
May 4, 2022	In committee: Set, first hearing. Referred to suspense file.
Apr 20, 2022	From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 20). Re-referred to Com. on APPR.
Mar 16, 2022	From committee: Do pass and re-refer to Com. on P.E. & R. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on P.E. & R.
Feb 18, 2022	Referred to Coms. on PUB. S. and P.E. & R.
Feb 10, 2022	From printer. May be heard in committee March 12.
Feb 9, 2022	Read first time. To print.

Authors shown for version:
Introduced (2/9/2022)