PENAL CODE
SECTION 13600-13603
13600. (a) Commencing July 1, 2005, any reference to the Commission
on Correctional Peace Officer Standards and Training or "CPOST"
shall refer to the Corrections Standards Authority established
pursuant to Chapter 5 (commencing with Section 6024) of Title 7 of
Part 3. As of that date, the Commission on Correctional Peace Officer
Standards and Training is abolished.
(b) (1) The Legislature finds and declares that peace officers of
the state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.
(d) This section shall be repealed on July 1, 2012.
13600. (a) (1) The Legislature finds and declares that peace
officers of the state correctional system, including youth and adult
correctional facilities, fulfill responsibilities that require
creation and application of sound selection criteria for applicants
and standards for their training prior to assuming their duties. For
the purposes of this section, correctional peace officers are peace
officers as defined in Section 830.5 and employed or designated by
the Department of Corrections and Rehabilitation.
(2) The Legislature further finds that sound applicant selection
and training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs.
(b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to, for purposes of this title, as
the CPOST.
(c) (1) The executive board of the CPOST shall be composed of six
voting members.
(A) Three members from, appointed by, and representing the
management of, the Department of Corrections and Rehabilitation, one
of whom shall represent the Division of Juvenile Facilities.
(B) Three members from, and appointed by the Governor upon
recommendation by, and representing the membership of, the California
Correctional Peace Officers' Association. Two members shall be
rank-and-file persons from State Bargaining Unit 6 and one member
shall be supervisory.
(C) Appointments shall be for four years.
(D) Promotion of a member of the CPOST shall invalidate the
appointment of that member and shall require the recommendation and
appointment of a new member if the member was appointed from rank and
file or from supervisory personnel and promoted out of his or her
respective rank and file or supervisory position during his or her
term on the CPOST.
(2) Each appointing authority shall appoint one alternate member
for each regular member who it appoints pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as the
regular member and shall substitute for, and vote in place of, the
regular member whenever he or she is absent.
(d) The rules for voting on the executive board of the CPOST shall
be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision by the CPOST may be taken by
a telephone vote. The CPOST members' decision shall be documented in
writing and submitted to the CPOST for confirmation at the next
scheduled CPOST meeting so as to become a part of the permanent
record.
(e) The executive board of the CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever committees
it deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 memorandum of
understanding.
(f) The CPOST shall appoint an executive director.
(g) This section shall be operative on July 1, 2012.
13601. (a) The Corrections Standards Authority shall develop,
approve, and monitor standards for the selection and training of
state correctional peace officer apprentices. Any standard for
selection established under this subdivision shall be subject to
approval by the State Personnel Board. Using the psychological and
screening standards established by the State Personnel Board, the
State Personnel Board or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall ensure that,
prior to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
(b) The authority may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The standards
shall take into consideration the different circumstances presented
within the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The authority shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The authority shall develop, approve, and monitor standards
for the training of state correctional peace officers in the
department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
authority may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the authority, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The authority shall
monitor program compliance by the department.
(h) The authority may disapprove any training courses created by
the department pursuant to the standards developed by the authority
if it determines that the courses do not meet the prescribed
standards.
(i) The authority shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the authority, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The authority shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding authority rules,
regulations, standards, or decisions.
(k) This section shall be repealed on July 1, 2012.
13601. (a) The CPOST shall develop, approve, and monitor standards
for the selection and training of state correctional peace officer
apprentices. Any standard for selection established under this
subdivision shall be subject to approval by the State Personnel
Board. Using the psychological and screening standards established by
the State Personnel Board, the State Personnel Board or the
Department of Corrections and Rehabilitation shall ensure that, prior
to training, each applicant who has otherwise qualified in all
physical and other testing requirements to be a peace officer in
either a youth or adult correctional facility, is determined to be
free from emotional or mental conditions that might adversely affect
the exercise of his or her duties and powers as a peace officer.
(b) The CPOST may approve standards for a course in the carrying
and use of firearms for correctional peace officers that is different
from that prescribed pursuant to Section 832. The standards shall
take into consideration the different circumstances presented within
the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the CPOST subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The CPOST shall develop, approve, and monitor standards for
advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The CPOST shall develop, approve, and monitor standards for
the training of state correctional peace officers in the department
in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
CPOST may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the CPOST, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The CPOST shall monitor
program compliance by the department.
(h) The CPOST may disapprove any training courses created by the
department pursuant to the standards developed by CPOST if it
determines that the courses do not meet the prescribed standards.
(i) The CPOST shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the CPOST, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The CPOST shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding the CPOST rules,
regulations, standards, or decisions.
(k) This section shall become operative July 1, 2012.
13602. (a) The Department of Corrections and Rehabilitation may use
the training academy at Galt or the training center in Stockton. The
academy at Galt shall be known as the Richard A. McGee Academy. The
training divisions, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional peace
officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the Corrections
Standards Authority before he or she may be assigned to a post or
job as a peace officer. Every newly appointed first-line or
second-line supervisor in the Department of Corrections and
Rehabilitation shall complete the course of training, pursuant to
standards approved by the authority for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(d) This section shall be repealed on July 1, 2012.
13602. (a) The Department of Corrections and Rehabilitation may use
the training academy at Galt or the training center in Stockton. The
academy at Galt shall be known as the Richard A. McGee Academy. The
training divisions, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional peace
officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the CPOST
before he or she may be assigned to a post or job as a peace officer.
Every newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the CPOST for
that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
(d) This section shall become operative July 1, 2012.
13602.1. The Department of Corrections and Rehabilitation may
establish a training academy for correctional officers in southern
California.
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the Corrections
Standards Authority on how to implement the on-the-job training
requirements of this subdivision, the department shall provide a
total of 16 weeks of training to each correctional peace officer
cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority pursuant to
Section 13602.
(e) This section shall be repealed on July 1, 2012.
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the CPOST on how to
implement the on-the-job training requirements of this subdivision,
the department shall provide a total of 16 weeks of training to each
correctional peace officer cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the CPOST pursuant to Section 13602.
(e) This section shall become operative July 1, 2012.
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