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AB-2318 Peace officers: transportation detail.(2013-2014)

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AB2318:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2318


Introduced by Assembly Member Ian Calderon

February 21, 2014


An act to add Section 3055 to amend Section 830.5 of the Penal Code, relating to parole. peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 2318, as amended, Ian Calderon. Parole. Peace officers: transportation detail.
Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision, and violations of law that are discovered while performing their duties. Existing law requires the Department of Corrections and Rehabilitation, Division of Juvenile Justice, to develop and implement a policy for arming peace officers of the division who comprise “high-risk transportation details.” Existing law requires the Secretary of the Department of Corrections and Rehabilitation to make a determination regarding that term and to consider protection of the public, protection of officers, flight risk, and violence potential of the wards in making that determination. Existing law also defines “transportation detail” for purposes of these provisions to include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.
This bill would revise the definition of “transportation detail” for purposes of these provisions to specifically include work detail. The bill would also make technical changes.

Existing law generally regulates the granting and conditioning of parole, and places the duty to monitor parolees on the Department of Corrections and Rehabilitation, Division of Adult Parole Operations. Under existing law, amended by Proposition 9, also known as Marsy’s Law, the Board of Parole Hearings is the state’s parole authority and authorizes the board to release a prisoner on a specified period of parole after the expiration of a term of imprisonment. Under existing law, the department is authorized to return a parolee to prison if the Board of Parole Hearings determines that the parolee violated the terms of his or her parole, as specified. Marsy’s Law may be amended by a bill passed by a 34 vote of each house of the Legislature.

This bill would require the Department of Corrections and Rehabilitation to establish a program to allow elderly prisoners, who meet specified criteria, to apply for, and be released on parole.

Vote: THREE_FOURTHSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 830.5 of the Penal Code is amended to read:

830.5.
 The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code, as amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency:
(a) A parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Juvenile Parole Board. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as follows:
(1) To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any a person in this state on parole, probation, mandatory supervision, or postrelease community supervision.
(2) To the escape of any an inmate or ward from a state or local institution.
(3) To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.
(4) To violations of any penal provisions of law which that are discovered while performing the usual or authorized duties of his or her employment.
(5) (A) To the rendering of mutual aid to any other law enforcement agency.
(B) For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections and Rehabilitation or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson. The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall develop a policy for arming peace officers of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who comprise “high-risk transportation details” or “high-risk escape details” no later than June 30, 1995. This policy shall be implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.”
(b) A correctional officer employed by the Department of Corrections and Rehabilitation, or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any an employee of the Department of Corrections and Rehabilitation designated by the secretary or any a correctional counselor series employee of the Department of Corrections and Rehabilitation or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of Mental Health State Hospitals or any an employee of the Board of Parole Hearings designated by the secretary or employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, designated by the secretary or any a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any a transportation officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, a correctional officer or correctional counselor employed by the Department of Corrections and Rehabilitation, or an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any an employee of the Department of Corrections and Rehabilitation designated by the secretary. A parole officer of the Juvenile Parole Board may carry a firearm while not on duty only when so authorized by the chairperson of the board and only under the terms and conditions specified by the chairperson. Nothing in this section shall be interpreted to require licensure pursuant to Section 25400. The director or chairperson may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or the Juvenile Parole Board, to review the director’s or the chairperson’s decision.
(d) Persons permitted to carry firearms a firearm pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain his or her eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person’s own time during the person’s off-duty hours.
(f) The secretary shall promulgate regulations consistent with this section.
(g) “High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the secretary, secretary or his or her designee. The secretary, secretary or his or her designee, designee shall consider at least the following in determining “high-risk transportation details” and “high-risk escape details”: protection of the public, protection of officers, flight risk, and violence potential of the wards.
(h) “Transportation detail” as used in this section shall include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, work detail, and interfacility transfers.

(i)This section is operative January 1, 2012.

SECTION 1.Section 3055 is added to the Penal Code, to read:
3055.

(a)The Legislature finds and declares the following:

(1)The number of elderly prisoners in California is increasing exponentially. According to the Department of Corrections and Rehabilitation, as of June 30, 2012, the population of prisoners 55 years of age and older was almost 7,500, and that number is projected to rise to at least 8,500 by 2014.

(2)Due to the high costs associated with geriatric medical needs, elderly prisoners cost an average of two to three times more to incarcerate than the general prison population. California spends between $98,000 and $138,000 per year to house each individual over 55 years of age.

(3)There is a significantly lower risk of recidivism among elderly prisoners according to Department of Corrections and Rehabilitation statistics. The department’s 2012 outcome report shows an 11.6 percent drop in recidivism between those in the 50 to 54, inclusive, age bracket and those in the 60 and over age bracket, and reports that only 36.2 percent of people 60 years of age and older, who were released for the first time, returned to prison.

(b)The Department of Corrections and Rehabilitation shall establish a program to allow elderly prisoners, who meet the criteria set forth in subdivision (c), to apply for, and be released on, parole.

(c)To be eligible for parole pursuant to subdivision (b), a prisoner shall meet all of the following criteria:

(1)Be 55 years of age or older.

(2)Have served at least 50 percent of his or her sentence.

(3)Have no serious disciplinary infraction in the last two years.

(4)Have a reentry plan identifying residential, financial, and social integration plans.