California Assembly Bill AB1828 Introduced / Bill

 BILL NUMBER: AB 1828INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Cook FEBRUARY 11, 2010 An act to amend Sections 13601, 13602, and 13603 of, to amend the heading of Title 4.5 (commencing with Section 13600) of Part 4 of, and to repeal and add Section 13600 of, the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGEST AB 1828, as introduced, Cook. Correctional Peace Officer Standards and Training. Under existing law, the Corrections Standards Authority is responsible for developing, approving, and monitoring standards for the selection and training of state correctional peace officers and apprentices. This bill would create the Commission on Correctional Peace Officer Standards and Training, which would succeed to those functions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The heading of Title 4.5 (commencing with Section 13600) of Part 4 of the Penal Code is amended to read: TITLE 4.5.  CORRECTIONS STANDARDS AUTHORITY   COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS AND TRAINING  SEC. 2. Section 13600 of the Penal Code is repealed.  13600. (a) Commencing July 1, 2005, any reference to the Commission on Correctional Peace Officer Standards and Training or "CPOST" shall refer to the Corrections Standards Authority established pursuant to Chapter 5 (commencing with Section 6024) of Title 7 of Part 3. As of that date, the Commission on Correctional Peace Officer Standards and Training is abolished. (b) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, fulfill responsibilities that require creation and application of sound selection criteria for applicants and standards for their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed or designated by the Department of Corrections and Rehabilitation. The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the Department of Corrections and Rehabilitation in the custody and care of the state's offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs in the department. (c) The Secretary of the Department of Corrections and Rehabilitation shall, with advice from the Corrections Standards Authority, appoint a subordinate officer to serve as executive director of the board. The subordinate officer shall serve at the pleasure of the secretary. The subordinate officer shall appoint staff as provided for in the annual Budget Act, beginning in the 2005-06 fiscal year.  SEC. 3. Section 13600 is added to the Penal Code, to read: 13600. (a) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, have a role in the criminal justice system that has been previously ignored in terms of creation and application of sound selection criteria for applicants and their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed by the Department of Corrections and Rehabilitation. The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the department in the custody and care of the state's offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs in the department. (b) There is within the Department of Corrections and Rehabilitation a Commission on Correctional Peace Officer Standards and Training, hereafter referred to as CPOST. (c) (1) The executive board of CPOST shall be composed of seven voting members. (A) Three members from, appointed by, and representing the management of, the department. (B) Three members from, appointed by, and representing the membership of, the California Correctional Peace Officers' Association. Two members shall be rank and file persons from State Bargaining Unit 6 and one member shall be supervisory. (C) One member with at least five years experience in a higher education environment providing instruction in either corrections or employee training. This member shall be selected as follows: (i) Within three months of appointment, the group of three members appointed pursuant to subparagraph (A) and the group of three members appointed pursuant to subparagraph (B) shall each nominate five persons who are qualified to be appointed as a member pursuant to subparagraph (C). (ii) The group of three members appointed pursuant to subparagraph (A) and the group of three members appointed pursuant to subparagraph (B) shall alternatively strike one name from the combined list of 10 nominees. The last name remaining shall be the seventh member and shall serve a term of three years. The order in which the group appointed pursuant to subparagraph (A) and the group appointed pursuant to subparagraph (B) strike names from the list shall initially be determined by lot. (iii) Six months prior to the expiration of the seventh member's term, the six members of the commission appointed pursuant to subparagraphs (A) and (B) shall vote on whether to extend the seventh members' term for an additional term of three years. If the six voting members fail to extend the seventh member's term by a majority vote, the Commission shall replace that member with a new member appointed pursuant to the initial procedure used to appoint a seventh member. (2) Each appointing authority shall appoint one alternate member for each regular member whom they appoint pursuant to paragraph (1). Every alternate member shall possess the same qualifications as the regular member and shall substitute for, and vote in place of, the regular member whenever he or she is absent. (d) The rules for voting on the executive board of the CPOST shall be as follows: (1) Decisions shall be made by a majority vote. (2) Proxy voting shall not be permitted. (3) Tentative approval of a decision may be taken by a telephone vote. The CPOST members' decision shall be documented in writing and submitted to CPOST for confirmation at the next scheduled CPOST meeting so as to become a part of the permanent record. (e) The executive board of CPOST shall adopt rules as it deems necessary for efficient operations, including, but not limited to, the appointment of advisory members for forming whatever subcommittee it deems necessary to conduct its business. These rules shall be in conformance with the State Personnel Board rules and regulations, the Department of Personnel Administration rules and regulations, and the provisions of the State Bargaining Unit 6 Memorandum of Understanding. SEC. 4. Section 13601 of the Penal Code is amended to read: 13601. (a)  The Corrections Standards Authority   CPOST  shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices. Any standard for selection established under this subdivision shall be subject to approval by the State Personnel Board. Using the psychological and screening standards established by the State Personnel Board, the State Personnel Board or the Department of Corrections and Rehabilitation  , Division of Juvenile Facilities  shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer in either a youth or adult correctional facility, is determined to be free from emotional or mental conditions that might adversely affect the exercise of his or her duties and powers as a peace officer. (b)  The authority   CPOST  may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting. (c) Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the authority subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code. (d)  The authority   CPOST  shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, he or she shall be provided with and be required to complete these secondary training experiences. (e)  The authority   CPOST  shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties. (f) Toward the accomplishment of the objectives of this act,  the authority   CPOST  may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions. (g) Notwithstanding the authority of  the authority   CPOST  , the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support.  The authority   CPOST  shall monitor program compliance by the department. (h)  The authority   CPOST  may disapprove any training courses created by the department pursuant to the standards developed by  the authority   CPOST  if it determines that the courses do not meet the prescribed standards. (i)  The authority   CPOST  shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by  the authority   CPOST  , and shall conduct those inquiries and audits consistent with the annual Budget Act. (j)  The authority   CPOST  shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding  authority   CPOST  rules, regulations, standards, or decisions. SEC. 5. Section 13602 of the Penal Code is amended to read: 13602. (a) The Department of Corrections and Rehabilitation may use the training academy at Galt or the training center in Stockton. The academy at Galt shall be known as the Richard A. McGee Academy. The training divisions, in using the funds, shall endeavor to minimize costs of administration so that a maximum amount of the funds will be used for providing training and support to correctional peace officers while being trained by the department. (b) Each new cadet who attends an academy shall complete the course of training, pursuant to standards approved by  the Corrections Standards Authority   CPOST  before he or she may be assigned to a post or job as a peace officer. Every newly appointed first-line or second-line supervisor in the Department of Corrections and Rehabilitation shall complete the course of training, pursuant to standards approved by  the authority   CPOST  for that position. (c) The Department of Corrections and Rehabilitation shall make every effort to provide training prior to commencement of supervisorial duties. If this training is not completed within six months of appointment to that position, any first-line or second-line supervisor shall not perform supervisory duties until the training is completed. SEC. 6. Section 13603 of the Penal Code is amended to read: 13603. (a) The Department of Corrections and Rehabilitation shall provide 16 weeks of training to each correctional peace officer cadet. Except as provided by subdivision (b), this training shall be completed by the cadet prior to his or her assignment to a post or position as a correctional peace officer. (b) If an agreement is reached between the department and the bargaining unit for the correctional peace officers that this subdivision shall apply, and with the approval of  the Corrections Standards Authority   CPOST  on how to implement the on-the-job training requirements of this subdivision, the department shall provide a total of 16 weeks of training to each correctional peace officer cadet as follows: (1) Twelve weeks of the training shall be at the department's training academy. Cadets shall be sworn in as correctional peace officers upon the completion of this initial 12 weeks. (2) Four weeks shall be at the institution where the cadet is assigned to a post or position. (c) The department shall provide a minimum of two weeks of training to each newly appointed first-line supervisor. (d) Training standards previously established pursuant to this section shall remain in effect until training requirements are established by  the Corrections Standards Authority   CPOST  pursuant to Section 13602.