California 2009 2009-2010 Regular Session

California Assembly Bill AB2157 Introduced / Bill

Filed 02/18/2010

 BILL NUMBER: AB 2157INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Logue FEBRUARY 18, 2010 An act to amend Section 830.5 of the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST AB 2157, as introduced, Logue. Parole and probation officers: firearms: qualifications. Existing law designates various persons as peace officers, including parole officers of the Department of Corrections and Rehabilitation or the Department of Juvenile Facilities, probation officers of the Division of Juvenile Parole Operations, the Inspector General of the Youth and Adult Correctional Agency or any internal affairs investigator under the authority of the Inspector General, certain other correctional and transportation officers having custodial responsibilities in an institution operated by a probation department, as specified, and other employees designated by the Department of Corrections and Rehabilitation, as specified. Existing law requires all peace officers generally, who carry firearms, to complete training prescribed by the Commission on Peace Officer Standards and Training (POST). In addition to this requirement, existing law requires persons included in the above class of peace officers, and who are permitted to carry firearms, to qualify the firearm at least quarterly. Existing law requires that this class of peace officers maintain their eligibility to carry concealable firearms off duty. This bill would remove the additional requirement that parole and probation officers, as described above, be required to qualify their firearms quarterly and the requirement to maintain their eligibility to carry concealable firearms off duty. Under this bill, general provisions regarding POST training that relate to peace officers in general would continue to apply. 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. Section 830.5 of the Penal Code is amended to read: 830.5. The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency: (a) A parole officer of the Department of Corrections or the Department of the Youth Authority, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Youthful Offender Parole Board. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as follows: (1) To conditions of parole or of probation by any person in this state on parole or probation. (2) To the escape of any inmate or ward from a state or local institution. (3) To the transportation of persons on parole or probation. (4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. (5) To the rendering of mutual aid to any other law enforcement agency. For the purposes of this subdivision, "parole agent" shall have the same meaning as parole officer of the Department of Corrections or of the Department of the Youth Authority. Any parole officer of the Department of Corrections, the Department of the Youth Authority, or the Youthful Offender Parole Board is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson. The Department of the Youth Authority shall develop a policy for arming peace officers of the Department of the Youth Authority who comprise "high-risk transportation details" or "high-risk escape details" no later than June 30, 1995. This policy shall be implemented no later than December 31, 1995. The Department of the Youth Authority shall train and arm those peace officers who comprise tactical teams at each facility for use during "high-risk escape details." (b) A correctional officer employed by the Department of Corrections or any employee of the Department of the Youth Authority having custody of wards or the Inspector General of the Youth and Adult Correctional Agency or any internal affairs investigator under the authority of the Inspector General or any employee of the Department of Corrections designated by the Director of Corrections or any correctional counselor series employee of the Department of Corrections or any medical technical assistant series employee designated by the Director of Corrections or designated by the Director of Corrections and employed by the State Department of Mental Health or employee of the Board of Prison Terms designated by the Secretary of the Youth and Adult Correctional Agency or employee of the Department of the Youth Authority designated by the Director of the Youth Authority or any superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation department. (c) The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections or the Department of the Youth Authority, a correctional officer or correctional counselor employed by the Department of Corrections or any employee of the Department of the Youth Authority having custody of wards or any employee of the Department of Corrections designated by the Director of Corrections. A parole officer of the Youthful Offender Parole Board may carry a firearm while not on duty only when so authorized by the chairperson of the board and only under the terms and conditions specified by the chairperson. Nothing in this section shall be interpreted to require licensure pursuant to Section 12025. The director or chairperson may deny, suspend, or revoke for good cause a person's right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections, the Department of the Youth Authority, or the Youthful Offender Parole Board, to review the director's or the chairperson's decision.  (d) Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain his or her eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person's right to carry firearms off duty.   (e)   (d)  The Department of Corrections shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person's own time during the person's off-duty hours.  (f)   (e)  The Director of Corrections shall promulgate regulations consistent with this section.  (g)  (f)  "High-risk transportation details" and "high-risk escape details" as used in this section shall be determined by the Director of the Youth Authority, or his or her designee. The director, or his or her designee, shall consider at least the following in determining "high-risk transportation details" and "high-risk escape details": protection of the public, protection of officers, flight risk, and violence potential of the wards.  (h)   (g)  "Transportation detail" as used in this section shall include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.