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AB-282 Commission on Peace Officer Standards and Training: procedural justice training.(2017-2018)

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Date Published: 02/02/2017 09:00 PM
AB282:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 282


Introduced by Assembly Members Jones-Sawyer and Bonta

February 02, 2017


An act to add Section 13519.45 to the Penal Code, relating to peace officer standards and training.


LEGISLATIVE COUNSEL'S DIGEST


AB 282, as introduced, Jones-Sawyer. Commission on Peace Officer Standards and Training: procedural justice training.
Existing law establishes the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for law enforcement officers, as described.
This bill would require the commission to develop and disseminate training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training for specified peace officers. The bill would also require the commission to certify and make training available to train peace officers to teach the course of training on principled policing to other officers in their agencies. The bill would require the commission to offer the principled policing course and the training course quarterly commencing in June 2018. The bill would require the commission, no later than June 1, 2019, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years.
By requiring additional training for peace officers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The relationship between law enforcement and the communities they are sworn to protect must be grounded in trust in order to ensure safety and protection for all.
(b) Despite the ongoing challenges to fostering strong relationships of trust between law enforcement and communities, the practice of principled policing, specifically procedural justice and implicit bias, is one strategy shown to improve police-community relationships.
(c) It is in the interest of California’s communities and the thousands of men and women who are sworn to serve and protect the public that the State of California support evidence-based strategies to improve the relationship of trust between law enforcement and communities.
(d) Understanding and implementing the practice of principled policing, specifically procedural justice and implicit bias, offers an opportunity for law enforcement and communities to collaboratively build trust and improve safety for all.

SEC. 2.

 Section 13519.45 is added to the Penal Code, to read:

13519.45.
 (a) (1) The commission shall develop and disseminate training on principled policing, specifically procedural justice and implicit bias, for all peace officers described in subdivision (a) of Section 13510.
(2) “Procedural justice” means an approach to policing based on giving people the opportunity to tell their side of the story, remaining neutral in decisionmaking and behavior, treating people with respect, and explaining actions in a way that communicates caring for people’s concerns so as to demonstrate trustworthiness.
(3) “Implicit bias” means thoughts or feelings about social groups that can influence people’s perceptions, decisions, and actions without awareness.
(4) The course or courses of instruction shall stress procedural justice as a strategy for improving the relationship of trust between law enforcement and communities and how implicit bias can be a barrier to procedural justice.
(b) The course of training for peace officers shall include adequate instruction on procedural justice and implicit bias in order to foster mutual respect and cooperation between law enforcement and communities. The curriculum shall be evidence-based and shall be developed in consultation with appropriate groups and individuals who have expertise in procedural justice or implicit bias, including, but not limited to, law enforcement agencies that have demonstrated experience in procedural justice or implicit bias training, university professors who specialize in addressing and reducing racial and identity bias towards individuals and groups, and community organizations or members who specialize in civil or human rights and criminal justice. The course of instruction shall include, but not be limited to, consideration of each of the following subjects:
(1) Procedural justice as a strategy for improving the relationship of trust between law enforcement agencies and the communities they are sworn to serve.
(2) Implicit bias as a barrier to procedural justice.
(3) Historical and generational effects of policing.
(4) Interactive nature of policing goals, procedural justice, and implicit bias.
(c) The commission shall also certify and make training available to train peace officers to be able to effectively teach the course of training on principled policing. The training course shall be structured so that experts on procedural justice and implicit bias train law enforcement agencies to be able to effectively teach the concepts, principles, and research behind procedural justice and implicit bias to colleagues within their departments. Participating law enforcement agencies are encouraged to send at least one police executive or manager and one training officer to the training course. Law enforcement agencies are encouraged to attend the training course with at least one community member. Upon completion of the training course, peace officers from participating law enforcement agencies shall be qualified by the commission to conduct the course on principled policing for colleagues in their respective agencies.
(d) The commission shall offer the course on principled policing and the training on a quarterly basis in regional training centers across the state commencing in June 2018.
(e) No later than June 1, 2019, the commission shall evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing, as set forth in this section, into its course of basic training and shall require each peace officer described in subdivision (a) of Section 13510 to complete a refresher course no less frequently than every five years. Implementation of the plan is contingent upon appropriation of funds by the Legislature.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.