CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 324Introduced by Senator RothFebruary 13, 2017 An act to amend Section 831 of the Penal Code, relating to custodial officers. LEGISLATIVE COUNSEL'S DIGESTSB 324, as introduced, Roth. Public officers: custodial officers.Existing law defines who is a peace officer and specifies the powers of peace officers. Existing law specifies that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order, as specified. Existing law provides that a custodial officer does not have the right to carry or possess firearms in the performance of his or her prescribed duties. Existing law also describes the powers and duties of custodial officers.This bill would make technical, nonsubstantive changes to the provisions relating to custodial officers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 831 of the Penal Code is amended to read:831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.(f) A custodial officer may do all of the following:(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.(3) Release without further criminal process persons arrested for intoxication.(4) Release misdemeanants on citation to appear in lieu of or after booking.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 324Introduced by Senator RothFebruary 13, 2017 An act to amend Section 831 of the Penal Code, relating to custodial officers. LEGISLATIVE COUNSEL'S DIGESTSB 324, as introduced, Roth. Public officers: custodial officers.Existing law defines who is a peace officer and specifies the powers of peace officers. Existing law specifies that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order, as specified. Existing law provides that a custodial officer does not have the right to carry or possess firearms in the performance of his or her prescribed duties. Existing law also describes the powers and duties of custodial officers.This bill would make technical, nonsubstantive changes to the provisions relating to custodial officers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 324
Introduced by Senator RothFebruary 13, 2017
Introduced by Senator Roth
February 13, 2017
An act to amend Section 831 of the Penal Code, relating to custodial officers.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 324, as introduced, Roth. Public officers: custodial officers.
Existing law defines who is a peace officer and specifies the powers of peace officers. Existing law specifies that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order, as specified. Existing law provides that a custodial officer does not have the right to carry or possess firearms in the performance of his or her prescribed duties. Existing law also describes the powers and duties of custodial officers.This bill would make technical, nonsubstantive changes to the provisions relating to custodial officers.
Existing law defines who is a peace officer and specifies the powers of peace officers. Existing law specifies that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order, as specified. Existing law provides that a custodial officer does not have the right to carry or possess firearms in the performance of his or her prescribed duties. Existing law also describes the powers and duties of custodial officers.
This bill would make technical, nonsubstantive changes to the provisions relating to custodial officers.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 831 of the Penal Code is amended to read:831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.(f) A custodial officer may do all of the following:(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.(3) Release without further criminal process persons arrested for intoxication.(4) Release misdemeanants on citation to appear in lieu of or after booking.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 831 of the Penal Code is amended to read:831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.(f) A custodial officer may do all of the following:(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.(3) Release without further criminal process persons arrested for intoxication.(4) Release misdemeanants on citation to appear in lieu of or after booking.
SECTION 1. Section 831 of the Penal Code is amended to read:
### SECTION 1.
831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.(f) A custodial officer may do all of the following:(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.(3) Release without further criminal process persons arrested for intoxication.(4) Release misdemeanants on citation to appear in lieu of or after booking.
831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.(f) A custodial officer may do all of the following:(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.(3) Release without further criminal process persons arrested for intoxication.(4) Release misdemeanants on citation to appear in lieu of or after booking.
831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.(f) A custodial officer may do all of the following:(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.(3) Release without further criminal process persons arrested for intoxication.(4) Release misdemeanants on citation to appear in lieu of or after booking.
831. (a) A custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence therein. in that facility.
(b) A custodial officer shall have no does not have the right to carry or possess firearms in the performance of his or her prescribed duties.
(c) Each person described in this section as a custodial officer shall, within 90 days following the date of the initial assignment to the position, satisfactorily complete the training course specified in Section 832. In addition, each person designated as a custodial officer shall, within one year following the date of the initial assignment as a custodial officer, have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as custodial officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a custodial officer only while under the direct supervision of a peace officer as described in Section 830.1, who has completed the training prescribed by the Commission on Peace Officer Standards and Training, or a custodial officer who has completed the training required in this section.
(d) At any time 20 or more custodial officers are on duty, there shall be at least one peace officer, as described in Section 830.1, on duty at the same time to supervise the performance of the custodial officers.
(e) This section shall not be construed to does not confer any authority upon any custodial officer officer, except while he or she is on duty.
(f)A custodial officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer; may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant; may release without further criminal process persons arrested for intoxication; and may release misdemeanants on citation to appear in lieu of or after booking.
(f) A custodial officer may do all of the following:
(1) Use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer.
(2) Make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant.
(3) Release without further criminal process persons arrested for intoxication.
(4) Release misdemeanants on citation to appear in lieu of or after booking.