| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate August 25, 2020 Amended IN Senate August 20, 2020 Amended IN Assembly March 05, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1906Introduced by Assembly Member Salas(Coauthors: Assembly Members Bauer-Kahan, Quirk-Silva, Luz Rivas, and Rodriguez)(Coauthor: Senator Grove)January 08, 2020 An act to add Section 19885.5 to the Government Code, relating to correctional peace officers. LEGISLATIVE COUNSEL'S DIGESTAB 1906, as amended, Salas. Pregnant correctional peace officers: duty assignment policy. Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to the administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the departments service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified.This bill would require the Department of Human Resources, in cooperation Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Human Resources to complete the policy by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which would be required to adopt it on or before July 1, 2021. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19885.5 is added to the Government Code, to read:19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.(4)(3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(c)(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate August 25, 2020 Amended IN Senate August 20, 2020 Amended IN Assembly March 05, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1906Introduced by Assembly Member Salas(Coauthors: Assembly Members Bauer-Kahan, Quirk-Silva, Luz Rivas, and Rodriguez)(Coauthor: Senator Grove)January 08, 2020 An act to add Section 19885.5 to the Government Code, relating to correctional peace officers. LEGISLATIVE COUNSEL'S DIGESTAB 1906, as amended, Salas. Pregnant correctional peace officers: duty assignment policy. Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to the administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the departments service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified.This bill would require the Department of Human Resources, in cooperation Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Human Resources to complete the policy by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which would be required to adopt it on or before July 1, 2021. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate August 25, 2020 Amended IN Senate August 20, 2020 Amended IN Assembly March 05, 2020 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 04, 2020 | |
| 8 | - | Passed IN Senate August 30, 2020 | |
| 9 | - | Passed IN Assembly August 31, 2020 | |
| 10 | 7 | Amended IN Senate August 25, 2020 | |
| 11 | 8 | Amended IN Senate August 20, 2020 | |
| 12 | 9 | Amended IN Assembly March 05, 2020 | |
| 13 | 10 | ||
| 14 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 15 | 12 | ||
| 16 | 13 | Assembly Bill | |
| 17 | 14 | ||
| 18 | 15 | No. 1906 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Salas(Coauthors: Assembly Members Bauer-Kahan, Quirk-Silva, Luz Rivas, and Rodriguez)(Coauthor: Senator Grove)January 08, 2020 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Assembly Member Salas(Coauthors: Assembly Members Bauer-Kahan, Quirk-Silva, Luz Rivas, and Rodriguez)(Coauthor: Senator Grove) | |
| 23 | 20 | January 08, 2020 | |
| 24 | 21 | ||
| 25 | - | An act to add Section 19885.5 to the Government Code, relating to peace officers. | |
| 22 | + | An act to add Section 19885.5 to the Government Code, relating to correctional peace officers. | |
| 26 | 23 | ||
| 27 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | - | AB 1906, Salas. Pregnant peace officers: duty assignment policy. | |
| 28 | + | AB 1906, as amended, Salas. Pregnant correctional peace officers: duty assignment policy. | |
| 32 | 29 | ||
| 33 | - | Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the departments service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified.This bill would require the Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified. | |
| 30 | + | Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to the administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the departments service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified.This bill would require the Department of Human Resources, in cooperation Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Human Resources to complete the policy by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which would be required to adopt it on or before July 1, 2021. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified. | |
| 34 | 31 | ||
| 35 | - | Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the departments service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified. | |
| 32 | + | Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to the administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the departments service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified. | |
| 36 | 33 | ||
| 37 | - | This bill would require the Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified. | |
| 34 | + | This bill would require the Department of Human Resources, in cooperation Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, Human Resources, on or before January 1, 2021, to establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Human Resources to complete the policy by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which would be required to adopt it on or before July 1, 2021. The bill would require the Department of Corrections and Rehabilitation to carefully weigh any request for an alternate, light duty assignment and to base final determinations upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. The bill would require the department to provide a publicly available report that contains the reasons for the denial of a request for an alternate, light duty assignment. The bill would require all denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, to be submitted for review by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, as specified. | |
| 38 | 35 | ||
| 39 | 36 | ## Digest Key | |
| 40 | 37 | ||
| 41 | 38 | ## Bill Text | |
| 42 | 39 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 19885.5 is added to the Government Code, to read:19885.5. (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 19885.5 is added to the Government Code, to read:19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.(4)(3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(c)(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 44 | 41 | ||
| 45 | 42 | The people of the State of California do enact as follows: | |
| 46 | 43 | ||
| 47 | 44 | ## The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | - | SECTION 1. Section 19885.5 is added to the Government Code, to read:19885.5. (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 46 | + | SECTION 1. Section 19885.5 is added to the Government Code, to read:19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.(4)(3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(c)(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 50 | 47 | ||
| 51 | 48 | SECTION 1. Section 19885.5 is added to the Government Code, to read: | |
| 52 | 49 | ||
| 53 | 50 | ### SECTION 1. | |
| 54 | 51 | ||
| 55 | - | 19885.5. (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 52 | + | 19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.(4)(3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(c)(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 56 | 53 | ||
| 57 | - | 19885.5. (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 54 | + | 19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.(4)(3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(c)(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 58 | 55 | ||
| 59 | - | 19885.5. (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 56 | + | 19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:(1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment.(2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment.(3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.(4)(3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.(b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness.(c)(d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. | |
| 60 | 57 | ||
| 61 | 58 | ||
| 62 | 59 | ||
| 63 | - | 19885.5. (a) The Department of Corrections and Rehabilitation, in consultation with the Department of Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements: | |
| 60 | + | 19885.5. (a) The department, in cooperation Department of Corrections and Rehabilitation, in consultation with the Department of Corrections and Rehabilitation, shall Human Resources, on or before January 1, 2021, shall establish a policy pursuant to which a pregnant correctional peace officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements: | |
| 64 | 61 | ||
| 65 | - | (1) The pregnant peace officer shall remain in their job classification while working in an alternate, light duty assignment. | |
| 62 | + | (1) The pregnant correctional peace officer shall remain in their job classification while working in an alternate, light duty assignment. | |
| 66 | 63 | ||
| 67 | - | (2) The pregnant peace officer shall not be forced into an alternate, light duty assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment. | |
| 64 | + | (2) The pregnant correctional peace officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised. assignment. The pregnant peace officer shall be responsible for requesting an alternate, light duty assignment, and submitting documentation from their health care provider that sets forth any restrictions or limitations that support their placement in an alternate, light duty assignment. | |
| 68 | 65 | ||
| 69 | - | (3) The pregnant peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments. | |
| 66 | + | (3)The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician. | |
| 67 | + | ||
| 68 | + | ||
| 69 | + | ||
| 70 | + | (4) | |
| 71 | + | ||
| 72 | + | ||
| 73 | + | ||
| 74 | + | (3) The pregnant correctional peace officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments. | |
| 75 | + | ||
| 76 | + | (b)The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021. | |
| 77 | + | ||
| 78 | + | ||
| 70 | 79 | ||
| 71 | 80 | (b) The Department of Corrections and Rehabilitation shall carefully weigh any request for an alternate, light duty assignment. The department shall make every effort to accommodate each employees individual needs and to consider a combination of options in reaching final determinations, which shall be made based upon the employees medical limitations or restrictions, the employees classification, and the needs of the department. | |
| 72 | 81 | ||
| 73 | 82 | (c) If a request for an alternate, light duty assignment is denied by the department, the department shall provide a publicly available report that contains the reasons for the denial; however the report shall not include any personally identifying information relating to the peace officer. All denials, including the denial of an initial request that was later modified and granted, and denial of an extension of the duration of time during which a pregnant peace officer shall be permitted to perform an alternate, light duty assignment, shall be submitted to the department headquarters staff within five business days for a second level of review. The review shall be conducted by the deputy director of facility support for the Division of Adult Institutions, Department of Corrections and Rehabilitation, or their designee, who shall receive input from the departments Office of Employee Health and Wellness. | |
| 83 | + | ||
| 84 | + | (c) | |
| 85 | + | ||
| 86 | + | ||
| 74 | 87 | ||
| 75 | 88 | (d) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. |