Existing law authorizes specified peace officers, including, among others, police officers, probation officers, and members of the California National Guard, in the performance of the officers duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicles.

This bill would additionally authorize parole officers to display the blue warning light from their emergency vehicles if they complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1021 (Archuleta) - Emergency vehicles: blue warning lights

Bill Summary:

SB 1021 would authorize parole officers to display blue warning lights from their emergency vehicles in the performance of their official duties, if an officer completes a specified four-hour classroom training course certified by the Board of State and Community Corrections (BSCC).

Fiscal Impact:

• The BSCC would incur one-time costs of approximately $200,000 to contract with a private vendor to develop a four-hour training course for certification of parole officers. In addition, the BSCC estimates ongoing annual costs of approximately $220,000 for staffing resources to deliver training, monitor for compliance, conduct audits, and update materials related to changes in Blue Emergency Light warning laws. See Staff Comments. (General Fund)
  
• The Department of Corrections and Rehabilitation (CDCR) would incur unknown, significant one-time costs, likely in the low millions, to install light bars on parole officer vehicles. (General Fund)
  
• CDCR would also incur unknown one-time costs, likely in the low hundreds of thousands, for parole officer staff time associated with completion of the four-hour training course. (General Fund)

Background:

Existing law defines an “authorized emergency vehicle” a vehicle owned or operated by a U.S. department or agency when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work. The driver of an authorized emergency vehicle is exempt from a variety of vehicle code requirements if the driver is sounding a siren and displaying a lighted red lamp, and responding to an emergency call, engaged in rescue operations, or in the immediate pursuit of an actual or suspected violator of the law, as specified.

Existing law allows an authorized emergency vehicle used by a peace officer, as defined, in the performance of the peace officer's duties, to also display a steady or flashing blue warning light visible from the front, sides, or rear of the vehicle. For example, police, sheriffs, district attorney investigators, University of California and California State University police, and certain employees at the departments of Parks and Recreation, Forestry and Fire Protection, Fish and Game, Corrections and Rehabilitation, are all authorized to display blue warning lights on their vehicles. Probation officers were added to the list of peace officers that can display blue warning lights by SB 587 (Atkins), Chap. 286/2017), if they complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the BSCC.

Existing law extends the authority of peace officers who are parole officers of CDCR, CDCR’s Division of Juvenile Parole Operations, and parole agents employed by the Juvenile Parole Board to the following duties:

• To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision.
• To the escape of any inmate or ward from a state or local institution.
• To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.
• To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of the officer’s employment.
• To the rendering of mutual aid to any other law enforcement agency.
  

CDCR’s Division of Adult Parole Operations (CDCR-DAPO) provides basic training for parole officers through a Commission on Correctional Peace Officers Standards and Training. Under current law, the BSCC Standards for Training in Corrections (STC) Division is responsible for developing minimum selection and training standards and developing core training curricula and compliance of training standards for local correctional officers (local adult and juvenile corrections officers, local probation departments, and local police departments).

Proposed Law:

SB 1021 would authorize parole officers to display a steady or flashing blue warning light on their authorized emergency vehicles after completing a four-hour classroom training course certified by the Standards and Training for Corrections Division of the BSCC. The bill specifies that it does not expand any existing authority of a parole officer to conduct a high-speed vehicle pursuit, or change existing training requirements for high-speed vehicle pursuits.

Related Legislation:

SB 587 (Atkins), Chap. 286/2017, authorized probation officers to display blue warning lights from their emergency vehicles in the performance of their official duties, if an officer completes a specified 4-hour classroom training course certified by BSCC, as specified.

Staff Comments:

This bill is intended to provide parole officers the same authority afforded to other peace officers regarding the displaying of blue lights on their vehicles in the performance of official duties. The author’s office notes that blue lights alert other officers on an emergency scene, which can be especially important when a parole officer is transporting someone suffering from an emergency, or assisting other law enforcement during emergencies.

The BSCC notes that it does not set standards or provide training for CDCR’s parole officers since their statutory mandates limit the STC Division’s responsibility to setting training standards for local correctional officers, as noted above. Parole officers are trained through a Commission on Correctional Peace Officer Standards in CDCR-DAPO. Since CDCR does not participate in the STC program, BSCC anticipates developing a four-hour training course for parole officers, at a one-time contract cost of approximately $200,000. Ongoing costs for BSCC to administer the training would be approximately $220,000 annually.

Staff notes that CDCR employs a total of 1,286 parole agents who are regularly assigned vehicles. In addition, CDCR owns 100 vehicles and leases 1,265 through the Department of General Services for parole officer use. CDCR costs noted above would be related to the installation of light bars on those vehicles and for CDCR parole officers’ time to complete the four-hour training course.

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SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: SB 1021 Hearing Date: April 23, 2024

Subject: Emergency vehicles: blue warning lights

HISTORY

Source: Author

Prior Legislation: SB 587 (Atkins), Ch. 286, Stats. 2017

Support: California Correctional Peace Officers Association (CCPOA)

Opposition: None known

PURPOSE

The purpose of this bill is to authorize parole officers to equip their emergency vehicles with blue warning lights upon completion of a certified 4-hour classroom training course regarding the operation of emergency vehicles.

Existing law defines an “authorized emergency vehicle” to include “[a]ny vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.” (Vehicle Code § 165.)

Existing law states that the driver of an authorized emergency vehicle is exempt from a variety of vehicle code requirements, under all of the following conditions:

• If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
• If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians. (Vehicle Code § 21055.)

Existing law provides that Section 21055 does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section. (Vehicle Code § 21056.)

Existing law requires that every authorized emergency vehicle be equipped with at least one steady burning red warning lamp visible from at least 1,000 feet to the front of the vehicle to be used as provided in this code. In addition, authorized emergency vehicles may display revolving, flashing, or steady red warning lights to the front, sides or rear of the vehicles. (Vehicle Code § 25252.)

Exiting law provides that every authorized emergency vehicle may be equipped with a system which flashes the upper-beam headlamps of the vehicle with the flashes occurring alternately from the front headlamp on one side of the vehicle to the front headlamp on the other side of the vehicle. The flashing of the headlamps must consist only of upper-beam flashing, and not the flashing of any other light beam. This system can only be used when an authorized emergency vehicle is being operated pursuant to Section 21055. (Vehicle Code 25252.5.)

Existing law allows an authorized emergency vehicle operating under the conditions specified in Section 21055 to display a flashing white light from a gaseous discharge lamp designed and used for the purpose of controlling official traffic control signals. (Vehicle Code § 25258(a).)

Existing law allows authorized emergency vehicle used by a peace officer, as defined, in the performance of the peace officer's duties, to, in addition, display a steady or flashing blue warning light visible from the front, sides, or rear of the vehicle. (Vehicle Code § 25258(b).)

Existing law allows any authorized emergency vehicle to display flashing amber warning lights to the front, sides, or rear. A vehicle operated by a police or traffic officer while in the actual performance of his or her duties may display steady burning or flashing white lights to either side mounted above the roofline of the vehicle. Any authorized emergency vehicle may display not more than two flashing white warning lights to the front mounted above the roofline of the vehicle and not more than two flashing white warning lights to the front mounted below the roofline of the vehicle. (Vehicle Code § 25259.)

Existing law requires POST to implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the handling of high–speed vehicle pursuits and shall also develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for response to high–speed vehicle pursuits. The guidelines and course of instruction are required to stress the importance of vehicle safety and protecting the public at all times, include a regular assessment of law enforcement's vehicle pursuit policies, practices, and training, and recognize the need to balance the known offense and the need for immediate capture against the risks to officers and other citizens of a high–speed pursuit. These guidelines must also be a resource for each agency executive to use in the creation of a specific pursuit policy that the agency is encouraged to adopt and promulgate, and that reflects the needs of the agency, the jurisdiction it serves, and the law. (Penal Code § 13519.8.)

Existing law defines the duties of a parole officer that extend their authority to any place in the state, this authority extends:

• To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision;
• To the escape of any inmate or ward from a state or local institution;
• To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision;
• To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of the officer’s employment;
• To the rendering of mutual aid to any other law enforcement agency. (Penal Code § 830.5)

This bill would allow parole officers to display a steady or flashing blue warning light visible from the front, sides, or rear of the vehicle while in performance of their duties after completion of a four-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections.

This bill does not expand any existing authority of a parole officer to conduct a high-speed vehicle pursuit.

COMMENTS

1. Need for This Bill

According to the Author:

Without blue warning lights, other law enforcement and first responders are less likely to recognize, assist and support parole officers in the performance of their duties. Over time, California has expanded the types of officers that are able to display these emergency blue lights. In 2018, the Legislature passed into law SB 587 (Atkins), extending blue lights to Probation vehicles so long as the officer completes a 4-hour classroom training course. The Legislature correctly recognized the risk to the public and California’s law enforcement officers that confusion over emergency lights created. SB 1081 simply authorizes Parole Officers to display these lights as well. This is especially important in cases where an officer is transporting someone who is suffering a medical emergency. When this happens, every second counts. Parole officers may also be called upon for assistance by other law enforcement during emergencies but cannot display blue warning lights to alert other officers on scene, creating unnecessary confusion.

1. POST Training

As stated above, this legislation authorizes parole officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by POST.

POST currently provides vehicle operations training as part of the Regular Basic Course. This course teaches officers to, among other things:

• Determine a safe distance when following another vehicle
• Identify the effect of speed on a driver’s peripheral vision
• Discuss how perception and reaction time affects a vehicle’s total stopping distance
• Demonstrate appropriate actions to prevent intersection collisions
• Recognize potential hazards of freeway driving and appropriate actions to prevent collisions
• Demonstrate appropriate actions to prevent collisions when operating a vehicle in reverse
• Demonstrate the importance and proper use of safety belts in a law enforcement vehicle
• Identify psychological and physiological factors that may have an effect on a peace officer’s driving
• Identify hazards of various road conditions
• Discuss the components of a vehicle inspection
• Demonstrate proper techniques for recognizing and coping with distractions while operating a law enforcement vehicle
• Identify the objectives of emergency response driving
• Explain the importance of agency-specific policies and guidelines regarding emergency response driving
• Identify the statutory responsibilities of non-law enforcement vehicle drivers when driving in the presence of emergency vehicles operated under emergency response conditions
• Demonstrate the use of emergency warning devices available on law enforcement vehicles
• Identify factors that can limit the effectiveness of a vehicle’s emergency warning devices
• Demonstrate the use of communication equipment
• Identify the effects of siren syndrome
• Recognize guidelines for entering an intersection when driving under emergency response conditions

(Learning Domain 19; https://post.ca.gov/regular-basic-course-training-specifications.aspx.)

1. Argument in Support

According to the CCPOA:

[…] SB 1021 would authorize parole officers to display the blue warning light from their emergency vehicles if they complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections. This bill does not expand any existing authority of a parole officer to conduct a high-speed vehicle pursuit, nor does it change any existing training requirements for high-speed vehicle pursuits.

Without blue warning lights, other law enforcement and first responders are less likely to recognize, assist and support parole officers in the performance of their duties. This is especially important in cases where an officer is transporting someone suffering a medical emergency. When this happens, every second counts.

Parole officers may also be called upon for assistance by other law enforcement during emergencies but cannot display blue warning lights to alert other officers on scene. This creates unnecessary confusion for the public and officers. In some situations, parole officers may also be called upon to make emergency arrests and can be the first LEO to respond to a crime scene.

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SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: SB 1021 Hearing Date: 4/9/2024

SUBJECT: Emergency vehicles: blue warning lights

DIGEST: This bill authorizes parole officers to display a blue warning light from their emergency vehicles if the officer completes a certified operation of emergency vehicles training course.

ANALYSIS:

Existing law:

1. Authorizes specified peace officers employed by the following public safety agencies in the performance of their duties, to display a steady or flashing blue warning light visible from the front, sides, or rear of their authorized emergency vehicle:
   1. Sheriffs, undersheriffs, deputy sheriffs, chiefs of police, chiefs or directors of consolidated municipal public safety agencies that perform police functions, police officers, harbor police, chief executive of public safety agencies, marshals or deputy marshals of superior courts, port wardens, and district attorney inspectors or investigators;
   2. California Highway Patrol (CHP) officers, University of California police, California State University police, correctional officers, members of the Office of Internal Affairs at the Department of Corrections and Rehabilitation, Department of Fish and Game employees, Department of Parks and Recreation employees, Department of Forestry and Fire Protection employees, and marshals and police appointed by the Board of Directors of the California Exposition and State Fair;
   3. The chief and coordinators of the Law Enforcement Branch of the Office of Emergency Services;
   4. Park rangers;
   5. Community college police and school district police;
   6. Bay Area Rapid Transit District police, transit district peace officers, airport law enforcement; railroad police;
   7. Legislative sergeants-at-arms; and,
   8. Members of the California National Guard
   9. Probation officers.
2. Provides that any law enforcement agency vehicle driven by a peace officer, including parole officers, in the performance of their duties is an “authorized emergency vehicle”.
3. Defines “parole officer” and limits the extent of their authority as follows:
   1. To conditions of parole, probation, mandatory supervision, or post release community supervision by any person in this state on parole, probation, mandatory supervision, or post release community supervision.
   2. To the escape of any inmate or ward from a state or local institution.
   3. To the transportation of persons on parole, probation, mandatory supervision, or post release community supervision.
   4. To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of the officer's employment.
   5. To the rendering of mutual aid to any other law enforcement agency.
4. Creates the Board of State and Community Corrections (BSCC) to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.

This bill:

1. Authorizes parole officers to display a steady or flashing blue warning light visible from the front, sides, or rear of their emergency vehicle if they complete a 4-hour classroom training course regarding the operation of emergency vehicles that is certified by the Standards and Training for Corrections Division of the Board of State and Community Corrections.

COMMENTS:

1. Purpose of the bill. According to the author, “Without blue warning lights, other law enforcement and first responders are less likely to recognize, assist and support parole officers in the performance of their duties. Over time, California has expanded the types of officers that are able to display these emergency blue lights. In 2018, the Legislature passed into law SB 587 (Atkins), extending blue lights to Probation vehicles so long as the officer completes a 4-hour classroom training course. The Legislature correctly recognized the risk to the public and California’s law enforcement officers that confusion over emergency lights created. SB 1021 simply authorizes Parole Officers to display these lights as well. This is especially important in cases where an officer is transporting someone who is suffering a medical emergency. When this happens, every second counts. Parole officers may also be called upon for assistance by other law enforcement during emergencies but cannot display blue warning lights to alert other officers on scene, creating unnecessary confusion for all.”
2. Emergency Vehicles and High-speed pursuit. One initial concern over this bill was regarding whether it would expand the ability of parole officers to drive without regard to traffic controls or engage in high-speed pursuits, but that is not the case. Vehicles driven by parole officers are defined as emergency vehicles. These vehicles are authorized to display flashing white and amber lights and, under current law, may operate without regard to traffic controls only when using a siren and red light and only when the vehicle is being driven in response to an emergency call, while engaged in rescue operations, or when being used in the immediate pursuit of a suspect. This bill does not expand any existing authority of parole officers to conduct high-speed vehicle pursuit, nor does it change any existing training requirements for high-speed vehicle pursuit.
3. Blue Light Special. This bill authorizes parole officers to display a blue warning light to help better identify parole officers and their vehicles to the public and other law enforcement officers. Additionally, parole officers can be involved in transporting individuals for urgent medical attention or responding quickly to a scene for support. The ability to display blue lights may help with recognition at the scene and the ability for expedited travel in emergency transport situations. A letter in support of SB 1021 from the California Correctional Peace Officers Association echoes these points, “Without blue warning lights, other law enforcement and first responders are less likely to recognize, assist, and support parole officers in the performance of their duties. This is especially important in cases where an officer is transporting someone suffering a medical emergency. When this happens, every second counts. Parole officers may also be called upon for assistance by other law enforcement during emergencies but cannot display blue warning lights to alert other officers to the scene. This creates unnecessary confusion for the public and officers.” These are reasonable arguments to allow parole officers to display blue warning lights especially considering this bill does not expand any existing authority and requires training. This bill would also mirror a previous change to the law SB 587 (Atkins, 2017) which allowed prohibition officers the ability to use blue lights on their emergency vehicles after training. The duties of parole and probation officers are similar so aligning them regarding this policy is reasonable.
4. Double-referral. This bill is double referred to the Senate Public Safety Committee.

Related Legislation:

SB 587 (Atkins, Chapter 286, Statutes 2017) - This bill authorizes probation officers to display a blue warning light on their authorized emergency vehicles if the officer completes an emergency vehicle operations course certified by the Commission on Peace Officer Standards and Training.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday, April 3, 2024.)

SUPPORT:

California Correctional Peace Officers Association

OPPOSITION:

None received

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