BILL NUMBER: SB 1406 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator Wolk
FEBRUARY 21, 2014
An act to amend Section 830.55 831.5
of the Penal Code, relating to correctional officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1406, as amended, Wolk. Training.
Correctional Officers: Napa County.
Under existing law, a custodial officer is a public officer, not a
peace officer, employed by a law enforcement agency of a county
having a population of 425,000 or less, or by certain specified
counties, including Santa Clara County, and that officer has the
authority and responsibility for maintaining custody of prisoners and
performs tasks related to the operation of a local detention
facility. Existing law requires custodial officers to undergo
specified training, and authorizes those officers to perform
specified duties, including, among others, serving warrants, court
orders, writs, and subpoenas in the detention facility, and
maintaining custody of prisoners and related tasks. Existing law
authorizes custodial officers employed by the Santa Clara County
Department of Corrections to perform certain additional duties in a
detention facility in that county, including, but not limited to,
searching property, cells, prisoners, or visitors.
This bill would, upon resolution by the Napa County Board of
Supervisors, authorize custodial officers employed by the Napa County
Department of Corrections to perform certain additional duties in a
facility located in Napa County similar to those described above for
Santa Clara County correctional officers. The bill would prohibit its
provisions from being construed to authorize the performance of any
law enforcement activity involving any person other than an inmate or
his or her visitors. The bill would also include a related statement
of legislative intent.
This bill would make legislative findings and declarations as to
the necessity of a special statute for Napa County.
Existing law sets forth the selection and training standards for
peace officers, including, but not limited to, local correctional
officers with responsibilities over operating, and maintaining the
custody of inmates or wards in, prescribed custodial facilities.
This bill would make a technical, nonsubstantive change.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 831.5 of the Penal
Code is amended to read:
831.5. (a) As used in this section, a custodial officer is a
public officer, not a peace officer, employed by a law enforcement
agency of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, Napa County,
or a county having a population of 425,000 or less 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. Custodial
officers of a county shall be employees of, and under the authority
of, the sheriff, except in counties in which the sheriff, as of July
1, 1993, is not in charge of and the sole and exclusive authority to
keep the county jail and the prisoners in it. A custodial officer
includes a person designated as a correctional officer, jailer, or
other similar title. The duties of a custodial officer may include
the serving of warrants, court orders, writs, and subpoenas in the
detention facility or under circumstances arising directly out of
maintaining custody of prisoners and related tasks.
(b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
(c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that 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
Corrections Standards Authority 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, shall not carry or possess firearms
in the performance of their prescribed duties, but 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 confer any authority
upon any custodial officer except while 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 make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
(g) Custodial officers employed by the Santa Clara County
Department of Correction are authorized to perform the following
additional duties in the facility:
(1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
(2) Search property, cells, prisoners or visitors.
(3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
(4) Conduct searches and seizures pursuant to a duly issued
warrant.
(5) Segregate prisoners.
(6) Classify prisoners for the purpose of housing or participation
in supervised activities.
These duties may be performed at the Santa Clara Valley Medical
Center, or at other health care facilities in the County of Santa
Clara, as needed and only as they directly relate to guarding
in-custody inmates. This subdivision shall not be construed to
authorize the performance of any law enforcement activity involving
any person other than the inmate or his or her visitors.
(h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
(i) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County. These duties are the same
duties of the custodial officers prior to the date of enactment of
Chapter 635 of the Statutes of 1999 pursuant to local rules and
judicial decisions. It is further the intent of the Legislature that
all issues regarding compensation for custodial officers remain
subject to the collective bargaining process between the County of
Santa Clara and the authorized bargaining representative for the
custodial officers. However, nothing in this section shall be
construed to assert that the duties of custodial officers are
equivalent to the duties of deputy sheriffs nor to affect the ability
of the county to negotiate pay that reflects the different duties of
custodial officers and deputy sheriffs.
(j) This section shall become operative on January 1, 2003.
(k) (1) Upon resolution by the Napa County Board of Supervisors,
custodial officers employed by the Napa County Department of
Corrections are authorized to perform all of the following duties in
a facility located in that county:
(A) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
(B) Search property, cells, prisoners, or visitors.
(C) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
(D) Conduct searches and seizures pursuant to a duly issued
warrant.
(E) Segregate prisoners.
(F) Classify prisoners for the purpose of housing or participation
in supervised activities.
(2) This subdivision shall not be construed to authorize the
performance of any law enforcement activity involving any person
other than an inmate or his or her visitors.
(3) It is the intent of the Legislature that this subdivision, as
it relates to Napa County, enumerate specific duties of custodial
officers (known as "correctional officers" in Napa County) and to
clarify the relationships of the correctional officers and deputy
sheriffs in that county. These duties are the same duties of the
custodial officers prior to the date of enactment of Chapter 635 of
the Statutes of 1999 pursuant to local rules and judicial decisions.
It is further the intent of the Legislature that all issues regarding
compensation for custodial officers remain subject to the collective
bargaining process between Napa County and the authorized bargaining
representative for the custodial officers. However, nothing in this
subdivision shall be construed to assert that the duties of custodial
officers are equivalent to the duties of deputy sheriffs nor to
affect the ability of the county to negotiate pay that reflects the
different duties of custodial officers and deputy sheriffs.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances that
exist in Napa County, where the Napa County Department of
Corrections, rather than the County of Napa Sheriff's Department, has
jurisdiction over the Napa County Jail facility.
SECTION 1. Section 830.55 of the Penal Code is
amended to read:
830.55. (a) (1) As used in this section, a correctional officer
is a peace officer, employed by a city, county, or city and county
that operates a facility described in Section 2910.5 of this code or
Section 1753.3 of the Welfare and Institutions Code or facilities
operated by counties pursuant to Section 6241 or 6242 of this code
under contract with the Department of Corrections and Rehabilitation
or the Division of Juvenile Justice within the department, who has
the authority and responsibility for maintaining custody of specified
state prison inmates or wards, and who performs tasks related to the
operation of a detention facility used for the detention of persons
who have violated parole or are awaiting parole back into the
community or, upon court order, either for their own safekeeping or
for the specific purpose of serving a sentence therein.
(2) As used in this section, a correctional officer is also a
peace officer, employed by a city, county, or city and county that
operates a facility described in Section 4115.55, who has the
authority and responsibility for maintaining custody of inmates
sentenced to or housed in that facility, and who performs tasks
related to the operation of that facility.
(b) A correctional officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties, except,
under the direction of the superintendent of the facility, while
engaged in transporting prisoners, guarding hospitalized prisoners,
or suppressing riots, lynchings, escapes, or rescues in or about a
detention facility established pursuant to Section 2910.5 or 4115.55
of this code or Section 1753.3 of the Welfare and Institutions Code.
(c) Each person described in this section as a correctional
officer, within 90 days following the date of the initial assignment
to that position, shall satisfactorily complete the training course
specified in Section 832. In addition, each person designated as a
correctional officer, within one year following the date of the
initial assignment as an officer, shall 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 correctional officers, before the expiration of the
90-day and one-year periods set forth in this subdivision, who have
not yet completed the required training, may perform the duties of a
correctional officer only while under the direct supervision of a
correctional officer who has completed the training required in this
section, and shall not carry or possess firearms in the performance
of their prescribed duties.
(d) This section shall not be construed to confer any authority
upon a correctional officer except while on duty.
(e) A correctional 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, and may make warrantless arrests pursuant to Section
836.5 only during the duration of his or her job.