Article 2. Field Services And Standards For Recruitment And Training of California Penal Code >> Title 4. >> Part 4. >> Chapter 1. >> Article 2.
(a) For the purpose of raising the level of competence of
local law enforcement officers, the commission shall adopt, and may
from time to time amend, rules establishing minimum standards
relating to physical, mental, and moral fitness that shall govern the
recruitment of any city police officers, peace officer members of a
county sheriff's office, marshals or deputy marshals, peace officer
members of a county coroner's office notwithstanding Section 13526,
reserve officers, as defined in subdivision (a) of Section 830.6,
police officers of a district authorized by statute to maintain a
police department, peace officer members of a police department
operated by a joint powers agency established by Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, regularly employed and paid inspectors and
investigators of a district attorney's office, as defined in Section
830.1, who conduct criminal investigations, peace officer members of
a district, safety police officers and park rangers of the County of
Los Angeles, as defined in subdivisions (a) and (b) of Section
830.31, or housing authority police departments.
The commission also shall adopt, and may from time to time amend,
rules establishing minimum standards for training of city police
officers, peace officer members of county sheriff's offices, marshals
or deputy marshals, peace officer members of a county coroner's
office notwithstanding Section 13526, reserve officers, as defined in
subdivision (a) of Section 830.6, police officers of a district
authorized by statute to maintain a police department, peace officer
members of a police department operated by a joint powers agency
established by Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code, regularly employed
and paid inspectors and investigators of a district attorney's
office, as defined in Section 830.1, who conduct criminal
investigations, peace officer members of a district, safety police
officers and park rangers of the County of Los Angeles, as defined in
subdivisions (a) and (b) of Section 830.31, and housing authority
police departments.
These rules shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter
and shall be adopted and amended pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
(b) The commission shall conduct research concerning job-related
educational standards and job-related selection standards to include
vision, hearing, physical ability, and emotional stability.
Job-related standards that are supported by this research shall be
adopted by the commission prior to January 1, 1985, and shall apply
to those peace officer classes identified in subdivision (a). The
commission shall consult with local entities during the conducting of
related research into job-related selection standards.
(c) For the purpose of raising the level of competence of local
public safety dispatchers, the commission shall adopt, and may from
time to time amend, rules establishing minimum standards relating to
the recruitment and training of local public safety dispatchers
having a primary responsibility for providing dispatching services
for local law enforcement agencies described in subdivision (a),
which standards shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter.
These standards also shall apply to consolidated dispatch centers
operated by an independent public joint powers agency established
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code when providing dispatch
services to the law enforcement personnel listed in subdivision (a).
Those rules shall be adopted and amended pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. As used in this section, "primary
responsibility" refers to the performance of law enforcement
dispatching duties for a minimum of 50 percent of the time worked
within a pay period.
(d) Nothing in this section shall prohibit a local agency from
establishing selection and training standards that exceed the minimum
standards established by the commission.
(a) The commission shall establish a certification program
for peace officers specified in Sections 13510 and 13522 and for the
California Highway Patrol. Certificates of the commission
established pursuant to this section shall be considered professional
certificates.
(b) Basic, intermediate, advanced, supervisory, management, and
executive certificates shall be established for the purpose of
fostering professionalization, education, and experience necessary to
adequately accomplish the general police service duties performed by
peace officer members of city police departments, county sheriffs'
departments, districts, university and state university and college
departments, or by the California Highway Patrol.
(c) (1) Certificates shall be awarded on the basis of a
combination of training, education, experience, and other
prerequisites, as determined by the commission.
(2) In determining whether an applicant for certification has the
requisite education, the commission shall recognize as acceptable
college education only the following:
(A) Education provided by a community college, college, or
university which has been accredited by the department of education
of the state in which the community college, college, or university
is located or by a recognized national or regional accrediting body.
(B) Until January 1, 1998, educational courses or degrees provided
by a nonaccredited but state-approved college that offers programs
exclusively in criminal justice.
(d) Persons who are determined by the commission to be eligible
peace officers may make application for the certificates, provided
they are employed by an agency which participates in the Peace
Officer Standards and Training (POST) program.
(e) The commission shall have the authority to cancel any
certificate that has been obtained through misrepresentation or fraud
or that was issued as the result of an administrative error on the
part of the commission or the employing agency.
Any person who knowingly commits any of the following acts
is guilty of a misdemeanor, and for each offense is punishable by a
fine of not more than one thousand dollars ($1,000) or imprisonment
in the county jail not to exceed one year, or by both a fine and
imprisonment:
(a) Presents or attempts to present as the person's own the
certificate of another.
(b) Knowingly permits another to use his or her certificate.
(c) Knowingly gives false evidence of any material kind to the
commission, or to any member thereof, including the staff, in
obtaining a certificate.
(d) Uses, or attempts to use, a canceled certificate.
(a) The commission shall establish, by December 31, 1997,
and in consultation with representatives of law enforcement
organizations, a voluntary professional certification program for law
enforcement records supervisors who have primary responsibility for
providing records supervising services for local law enforcement
agencies. The certificate or certificates shall be based upon
standards related to the education, training, and experience of law
enforcement records supervisors and shall serve to foster
professionalism and recognition of achievement and competency.
(b) As used in this section, "primary responsibility" refers to
the performance of law enforcement records supervising duties for a
minimum of 50 percent of the time worked within a pay period.
(a) A peace officer trainee who, based on the commission's
investigative findings, knowingly cheats, assists in cheating, or
aids, abets, or knowingly conceals efforts by others to cheat in any
manner on a basic course examination mandated by the commission shall
be liable for a civil fine of not more than one thousand dollars
($1,000) per occurrence.
(b) For purposes of this section, "cheating" means any attempt or
act by a peace officer trainee to gain an unfair advantage or give an
unfair advantage to another peace officer trainee or group of
trainees taking a POST-mandated basic course examination.
(c) For purposes of this section, "peace officer trainee" means an
applicant for a basic course examination who has not been hired by a
department or agency and who has not been sworn as a peace officer.
For the purpose of maintaining the level of competence of
state law enforcement officers, the commission shall adopt, and may,
from time to time amend, rules establishing minimum standards for
training of peace officers as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who are employed by any railroad
company, the University of California police department, a California
State University police department, the Department of Alcoholic
Beverage Control, the Division of Investigation of the Department of
Consumer Affairs, the Wildlife Protection Branch of the Department of
Fish and Wildlife, the Department of Forestry and Fire Protection,
including the Office of the State Fire Marshal, the Department of
Motor Vehicles, the California Horse Racing Board, the Food and Drug
Section of the State Department of Public Health, the Division of
Labor Standards Enforcement, the Director of Parks and Recreation,
the State Department of Health Care Services, the Department of Toxic
Substances Control, the State Department of Social Services, the
State Department of State Hospitals, the State Department of
Developmental Services, the Office of Statewide Health Planning and
Development, and the Department of Justice. All rules shall be
adopted and amended pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(a) Whenever any person holding a certificate issued
pursuant to Section 13510.1 is determined to be disqualified from
holding office or being employed as a peace officer for the reasons
set forth in subdivision (a) of Section 1029 of the Government Code,
and the person has exhausted or waived his or her appeal, pursuant to
Section 1237 or Section 1237.5, from the conviction or finding that
forms the basis for or accompanies his or her disqualification, the
commission shall cause the following to be entered in the commission'
s training record for that person: "THIS PERSON IS INELIGIBLE TO BE A
PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 1029
(a)."
(b) Whenever any person who is required to possess a basic
certificate issued by the commission pursuant to Section 832.4 or who
is subject to subdivision (a) of Section 13510.1 is determined to be
disqualified from holding office or being employed as a peace
officer for the reasons set forth in subdivision (a) of Section 1029
of the Government Code, the commission shall notify the law
enforcement agency that employs the person that the person is
ineligible to be a peace officer in California pursuant to
subdivision (a) of Section 1029 of the Government Code. The person's
basic certificate shall be null and void and the commission shall
enter this information in the commission's training record for that
person.
(c) After the time for filing a notice of appeal has passed, or
where the remittitur has been issued following the filing of a notice
of appeal, in a criminal case establishing the ineligibility of a
person to be a peace officer as specified in subdivision (c), the
commission shall reinstate a person's basic certificate in the event
a conviction of the offense requiring or accompanying ineligibility
is subsequently overturned or reversed by the action of a court of
competent jurisdiction.
(d) Upon request of a person who is eligible for reinstatement
pursuant to paragraph (2) of subdivision (b) of Section 1029 of the
Government Code because of successful completion of probation
pursuant to Section 1210.1 of the Penal Code, the court having
jurisdiction over the matter in which probation was ordered pursuant
to Section 1210.1 shall notify the commission of the successful
completion and the misdemeanor nature of the person's conviction. The
commission shall thereupon reinstate the person's eligibility.
Reinstatement of eligibility in the person's training record shall
not create a mandate that the person be hired by any agency.
(a) In establishing standards for training, the commission
shall, so far as consistent with the purposes of this chapter, permit
required training to be obtained at institutions approved by the
commission.
(b) In those instances where individuals have acquired prior
comparable peace officer training, the commission shall, adopt
regulations providing for alternative means for satisfying the
training required by Section 832.3. The commission shall charge a fee
to cover administrative costs associated with the testing conducted
under this subdivision.
The commission may evaluate and approve pertinent training
previously completed by any jurisdiction's law enforcement officers
as meeting current training requirements prescribed by the commission
pursuant to this chapter. The evaluations performed by the
commission shall conform to the standards established under this
chapter.
Each applicant for admission to a basic course of training
certified by the Commission on Peace Officer Standards and Training
that includes the carrying and use of firearms, as prescribed by
subdivision (a) of Section 832 and subdivision (a) of Section 832.3,
who is not sponsored by a local or other law enforcement agency, or
is not a peace officer employed by a state or local agency,
department, or district, shall be required to submit written
certification from the Department of Justice pursuant to Sections
11122, 11123, and 11124 that the applicant has no criminal history
background which would disqualify him or her, pursuant to state or
federal law, from owning, possessing, or having under his or her
control a firearm.
The commission shall make such inquiries as may be necessary
to determine whether every city, county, city and county, and
district receiving state aid pursuant to this chapter is adhering to
the standards for recruitment and training established pursuant to
this chapter.
Upon the request of a local jurisdiction, the commission
shall provide a counseling service to such local jurisdiction for the
purpose of improving the administration, management or operations of
a police agency and may aid such jurisdiction in implementing
improved practices and techniques.
The commission shall prepare a course of instruction for the
training of peace officers in the use of tear gas. Such course of
instruction may be given, upon approval by the commission, by any
agency or institution engaged in the training or instruction of peace
officers.
(a) On or before July 1, 2005, the commission shall
develop and disseminate guidelines and standardized training
recommendations for all law enforcement officers, supervisors, and
managers whose agency assigns them to perform, supervise, or manage
Special Weapons and Tactics (SWAT) operations. The guidelines and
standardized training recommendations shall be available for use by
law enforcement agencies that conduct SWAT operations.
(b) The training and guidelines shall be developed in consultation
with law enforcement officers, the Attorney General's office,
supervisors, and managers, SWAT trainers, legal advisers, and others
selected by the commission. Development of the training and
guidelines shall include consideration of the recommendations
contained in the Attorney General's Commission on Special Weapons and
Tactics (S.W.A.T.) Final Report of 2002.
(c) The standardized training recommendations shall at a minimum
include initial training requirements for SWAT operations, refresher
or advanced training for experienced SWAT members, and supervision
and management of SWAT operations.
(d) The guidelines shall at minimum address legal and practical
issues of SWAT operations, personnel selection, fitness requirements,
planning, hostage negotiation, tactical issues, safety, rescue
methods, after-action evaluation of operations, logistical and
resource needs, uniform and firearms requirements, risk assessment,
policy considerations, and multijurisdictional SWAT operations. The
guidelines may also address tactical casualty care.
(e) The guidelines shall provide procedures for approving the
prior training of officers, supervisors, and managers that meet the
standards and guidelines developed by the commission pursuant to this
section, in order to avoid duplicative training.
(a) The commission shall implement on or before July 1,
1999, a course or courses of instruction for the training of law
enforcement officers in the handling of acts of civil disobedience
and adopt guidelines that may be followed by police agencies in
responding to acts of civil disobedience.
(b) The course of training for law enforcement officers shall
include adequate consideration of all of the following subjects:
(1) Reasonable use of force.
(2) Dispute resolution.
(3) Nature and extent of civil disobedience, whether it be passive
or active resistance.
(4) Media relations.
(5) Public and officer safety.
(6) Documentation, report writing, and evidence collection.
(7) Crowd control.
(c) (1) All law enforcement officers who have received their basic
training before July 1, 1999, may participate in supplementary
training on responding to acts of civil disobedience, as prescribed
and certified by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on responding to acts of civil disobedience. The commission
shall assist these agencies where possible.
(d) (1) The course of instruction, the learning and performance
objectives, the standards for the training and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having expertise in responding to acts of
civil disobedience. The groups and individuals shall include, but not
be limited to, law enforcement agencies, police academy instructors,
subject matter experts and members of the public. Different regional
interests such as rural, suburban, and urban interests may be
represented by the participating parties.
(2) The commission, in consultation with the groups and
individuals described in paragraph (1), shall review existing
training programs to determine in what ways civil disobedience
training may be included as part of ongoing programs.
(e) As used in this section, "law enforcement officer" means any
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3.
(f) It is the intent of the Legislature in enacting this section
to provide law enforcement officers with additional training so as to
control acts of civil disobedience with reasonable use of force and
to ensure public and officer safety with minimum disruption to
commerce and community affairs.
(g) It is also the intent of the Legislature in enacting this
section that the guidelines to be developed by the commission should
take into consideration the roles and responsibilities of all law
enforcement officers responding to acts of civil disobedience.
(a) Every city police officer or deputy sheriff at a
supervisory level and below who is assigned field or investigative
duties shall complete an elder and dependent adult abuse training
course certified by the Commission on Peace Officer Standards and
Training within 18 months of assignment to field duties. Completion
of the course may be satisfied by telecourse, video training tape, or
other instruction. The training shall, at a minimum, include all of
the following subjects:
(1) Relevant laws.
(2) Recognition of elder and dependent adult abuse.
(3) Reporting requirements and procedures.
(4) Neglect of elders and dependent adults.
(5) Fraud of elders and dependent adults.
(6) Physical abuse of elders and dependent adults.
(7) Psychological abuse of elders and dependent adults.
(8) The role of the local adult protective services and public
guardian offices.
(9) The legal rights of, and remedies available to, victims of
elder or dependent adult abuse pursuant to Section 15657.03 of the
Welfare and Institutions Code, including emergency protective orders
and the option to request a simultaneous move-out order, and
temporary restraining orders.
(b) When producing new or updated training materials pursuant to
this section, the commission shall consult with the Bureau of
Medi-Cal Fraud and Elder Abuse, local adult protective services
offices, the Office of the State Long-Term Care Ombudsman, and other
subject matter experts. Any new or updated training materials shall
address all of the following:
(1) The jurisdiction and responsibility of law enforcement
agencies pursuant to Section 368.5.
(2) The fact that the protected classes of "dependent person" as
defined in Section 288 and "dependent adult" as defined in Section
368 include many persons with disabilities, regardless of the fact
that most of those persons live independently.
(3) Other relevant information and laws.
(c) The commission also may inform the law enforcement agencies of
other relevant training materials.
(a) By July 1, 2006, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education classroom training course relating to law enforcement
interaction with mentally disabled persons. The training course shall
be developed by the commission in consultation with appropriate
community, local, and state organizations and agencies that have
expertise in the area of mental illness and developmental disability,
and with appropriate consumer and family advocate groups. In
developing the course, the commission shall also examine existing
courses certified by the commission that relate to mentally disabled
persons. The commission shall make the course available to law
enforcement agencies in California.
(b) The course described in subdivision (a) shall consist of
classroom instruction and shall utilize interactive training methods
to ensure that the training is as realistic as possible. The course
shall include, at a minimum, core instruction in all of the
following:
(1) The cause and nature of mental illnesses and developmental
disabilities.
(2) How to identify indicators of mental disability and how to
respond appropriately in a variety of common situations.
(3) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally disabled persons.
(4) Appropriate language usage when interacting with mentally
disabled persons.
(5) Alternatives to lethal force when interacting with potentially
dangerous mentally disabled persons.
(6) Community and state resources available to serve mentally
disabled persons and how these resources can be best utilized by law
enforcement to benefit the mentally disabled community.
(7) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
(c) The commission shall submit a report to the Legislature by
October 1, 2004, that shall include all of the following:
(1) A description of the process by which the course was
established, including a list of the agencies and groups that were
consulted.
(2) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, the course or
other courses certified by the commission relating to mentally
disabled persons from July 1, 2001, to July 1, 2003, inclusive.
(3) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, courses certified
by the commission relating to mentally disabled persons from July 1,
2000, to July 1, 2001, inclusive.
(4) An analysis of the Police Crisis Intervention Training (CIT)
Program used by the San Francisco and San Jose Police Departments, to
assess the training used in these programs and compare it with
existing courses offered by the commission in order to evaluate the
adequacy of mental disability training available to local law
enforcement officers.
(d) The Legislature encourages law enforcement agencies to include
the course created in this section, and any other course certified
by the commission relating to mentally disabled persons, as part of
their advanced officer training program.
(e) It is the intent of the Legislature to reevaluate, on the
basis of its review of the report required in subdivision (c), the
extent to which law enforcement officers are receiving adequate
training in how to interact with mentally disabled persons.
(a) The commission shall review the training module in
the regular basic course relating to persons with a mental illness,
intellectual disability, or substance use disorder, and analyze
existing training curricula in order to identify areas where
additional training is needed to better prepare law enforcement to
effectively address incidents involving mentally disabled persons.
(b) Upon identifying what additional training is needed, the
commission shall update the training in consultation with appropriate
community, local, and state organizations, and agencies that have
expertise in the area of mental illness, intellectual disability, and
substance use disorders, and with appropriate consumer and family
advocate groups.
(c) The training shall address issues related to stigma, shall be
culturally relevant and appropriate, and shall include all of the
following topics:
(1) Recognizing indicators of mental illness, intellectual
disability, and substance use disorders.
(2) Conflict resolution and deescalation techniques for
potentially dangerous situations.
(3) Use of force options and alternatives.
(4) The perspective of individuals or families who have
experiences with persons with mental illness, intellectual
disability, and substance use disorders.
(5) Mental health resources available to the first responders to
events that involve mentally disabled persons.
(d) The course of instruction shall be at least 15 hours, and
shall include training scenarios and facilitated learning activities
relating to law enforcement interaction with persons with mental
illness, intellectual disability, and substance use disorders.
(e) The course shall be presented within the existing hours
allotted for the regular basic course.
(f) The commission shall implement this section on or before
August 1, 2016.
(a) The commission shall establish and keep updated a
classroom-based continuing training course that includes
instructor-led active learning, such as scenario-based training,
relating to behavioral health and law enforcement interaction with
persons with mental illness, intellectual disability, and substance
use disorders.
(b) This course shall be at least three consecutive hours, may
include training scenarios and facilitated learning activities, shall
address issues related to stigma, shall be culturally relevant and
appropriate, and shall include all of the following topics:
(1) The cause and nature of mental illness, intellectual
disability, and substance use disorders.
(2) Indicators of mental illness, intellectual disability, and
substance use disorders.
(3) Appropriate responses to a variety of situations involving
persons with mental illness, intellectual disability, and substance
use disorders.
(4) Conflict resolution and deescalation techniques for
potentially dangerous situations.
(5) Appropriate language usage when interacting with potentially
emotionally distressed persons.
(6) Resources available to serve persons with mental illness or
intellectual disability.
(7) The perspective of individuals or families who have
experiences with persons with mental illness, intellectual
disability, and substance use disorders.
(c) The course described in subdivisions (a) and (b) shall be made
available by the commission to each law enforcement officer with a
rank of supervisor or below and who is assigned to patrol duties or
to supervise officers who are assigned to patrol duties.
(d) The commission shall implement this section on or before
August 1, 2016.
(a) (1) The commission shall require the field training
officers who provide instruction in the field training program to
have at least eight hours of crisis intervention behavioral health
training to better train new peace officers on how to effectively
interact with persons with mental illness or intellectual disability.
This course shall include classroom instruction and instructor-led
active learning, such as scenario-based training, and shall be taught
in segments that are at least four hours long.
(2) If a field training officer has completed eight hours of
crisis intervention behavioral health training within the past 24
months, or if a field training officer has completed 40 hours of
crisis intervention behavioral health training, the requirement
described in paragraph (1) shall not apply.
(b) The crisis intervention behavioral health training shall
address issues relating to stigma, shall be culturally relevant and
appropriate, and shall include all of the following topics:
(1) The cause and nature of mental illnesses and intellectual
disabilities.
(2) (A) How to identify indicators of mental illness, intellectual
disability, and substance use disorders.
(B) How to distinguish between mental illness, intellectual
disability, and substance use disorders.
(C) How to respond appropriately in a variety of situations
involving persons with mental illness, intellectual disability, and
substance use disorders.
(3) Conflict resolution and deescalation techniques for
potentially dangerous situations.
(4) Appropriate language usage when interacting with potentially
emotionally distressed persons.
(5) Community and state resources available to serve persons with
mental illness or intellectual disability, and how these resources
can be best utilized by law enforcement.
(6) The perspective of individuals or families who have
experiences with persons with mental illness, intellectual
disability, and substance use disorders.
(c) Field training officers assigned or appointed before January
1, 2017, shall complete the crisis intervention behavioral health
training by June 30, 2017. Field training officers assigned or
appointed on or after January 1, 2017, shall complete the crisis
intervention behavioral health training within 180 days of assignment
or appointment.
(d) This section does not prevent an agency from requiring its
field training officers to complete additional hours of crisis
intervention behavioral health training or requiring its field
training officers to complete that training earlier than as required
by this section.
(a) The commission shall establish and keep updated a
field training officer course relating to competencies of the field
training program and police training program that addresses how to
interact with persons with mental illness or intellectual disability.
(b) This course shall consist of at least four hours of classroom
instruction and instructor-led active learning, such as
scenario-based training, shall address issues related to stigma, and
shall be culturally relevant and appropriate.
(c) All prospective field training officers shall complete the
course described in subdivisions (a) and (b) as part of the existing
field training officer program.
(d) The commission shall implement the provisions of this section
on or before August 1, 2016.
(a) The commission shall, by May 1, 2016, conduct a
review and evaluation of the required competencies of the field
training program and police training program to identify areas where
additional training is necessary to better prepare law enforcement
officers to effectively address incidents involving persons with a
mental illness or intellectual disability.
(b) Upon identifying what additional training is needed, the
commission shall update the training in consultation with appropriate
community, local, and state organizations, and agencies that have
expertise in the area of mental illness, intellectual disabilities,
and substance abuse disorders, and with appropriate consumer and
family advocate groups.
(c) The training shall address issues related to stigma, shall be
culturally relevant and appropriate, and shall include all of the
following topics:
(1) How to identify indicators of mental illness, intellectual
disability, substance use disorders, neurological disorders,
traumatic brain injury, post-traumatic stress disorder, and dementia.
(2) Autism spectrum disorder.
(3) Genetic disorders, including, but not limited to, Down
syndrome.
(4) Conflict resolution and deescalation techniques for
potentially dangerous situations.
(5) Alternatives to the use of force when interacting with
potentially dangerous persons with mental illness or intellectual
disabilities.
(6) The perspective of individuals or families who have
experiences with persons with mental illness, intellectual
disability, and substance use disorders.
(7) Involuntary holds.
(8) Community and state resources available to serve persons with
mental illness or intellectual disability, and how these resources
can be best utilized by law enforcement.
(a) By July 1, 2015, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education training course relating to law enforcement interaction
with mentally disabled and developmentally disabled persons living
within a state mental hospital or state developmental center. The
training course shall be developed by the commission in consultation
with appropriate community, local, and state organizations and
agencies that have expertise in the area of mental illness and
developmental disability, and with appropriate consumer and family
advocate groups. In developing the course, the commission shall also
examine existing courses certified by the commission that relate to
mentally disabled and developmentally disabled persons. The
commission shall make the course available to all law enforcement
agencies in California, and the course shall be required for law
enforcement personnel serving in law enforcement agencies with
jurisdiction over state mental hospitals and state developmental
centers, as part of the agency's officer training program.
(b) The course described in subdivision (a) may consist of
video-based or classroom instruction. The course shall include, at a
minimum, core instruction in all of the following:
(1) The prevalence, cause, and nature of mental illnesses and
developmental disabilities.
(2) The unique characteristics, barriers, and challenges of
individuals who may be a victim of abuse or exploitation living
within a state mental hospital or state developmental center.
(3) How to accommodate, interview, and converse with individuals
who may require assistive devices in order to express themselves.
(4) Capacity and consent of individuals with cognitive and
intellectual barriers.
(5) Conflict resolution and deescalation techniques for
potentially dangerous situations involving mentally disabled or
developmentally disabled persons.
(6) Appropriate language usage when interacting with mentally
disabled or developmentally disabled persons.
(7) Community and state resources and advocacy support and
services available to serve mentally disabled or developmentally
disabled persons, and how these resources can be best utilized by law
enforcement to benefit the mentally disabled or developmentally
disabled community.
(8) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
(9) Information on the state mental hospital system and the state
developmental center system.
(10) Techniques in conducting forensic investigations within
institutional settings where jurisdiction may be shared.
(11) Examples of abuse and exploitation perpetrated by caregivers,
staff, contractors, or administrators of state mental hospitals and
state developmental centers, and how to conduct investigations in
instances where a perpetrator may also be a caregiver or provider of
therapeutic or other services.
(a) The commission shall, upon the next regularly
scheduled review of a training module relating to persons with
disabilities, create and make available on DVD and may distribute
electronically a course on how to recognize and interact with persons
with autistic spectrum disorders. This course shall be designed for,
and made available to, peace officers who are first responders to
emergency situations.
(b) The training course shall be developed by the commission in
consultation with the Department of Developmental Services and
appropriate community, local, or other state organizations and
agencies that have expertise in the area of autism spectrum
disorders. The commission shall make the course available to law
enforcement agencies in California.
(c) In addition to the duties contained in subdivisions (a) and
(b), the commission shall distribute, as necessary, a training
bulletin via the Internet to law enforcement agencies participating
in the commission's program on the topic of autism spectrum
disorders.
(a) The commission shall meet with the Department of
Veterans Affairs and community, local, or other state organizations
and agencies that have expertise in the area of traumatic brain
injury (TBI) and post-traumatic stress disorder (PTSD) in order to
assess the training needed by peace officers, who are first
responders in emergency situations, on the topic of returning
veterans or other persons suffering from TBI or PTSD.
(b) Should the commission determine that there is an unfulfilled
need for training on TBI and PTSD, the commission shall determine the
training format that is both fiscally responsible and meets the
training needs of the greatest number of officers.
(c) Should the commission determine that there is an unfulfilled
need for training on TBI and PTSD, the commission shall, upon the
next regularly scheduled review of a training module relating to
persons with disabilities, create and make available on DVD and may
distribute electronically, or provide by means of another form or
method of training, a course on how to recognize and interact with
returning veterans or other persons suffering from TBI or PTSD. This
course shall be designed for, and made available to, peace officers
who are first responders to emergency situations.
(d) The training course shall be developed by the commission in
consultation with the Department of Veterans Affairs and appropriate
community, local, or other state organizations and agencies that have
expertise in the area of TBI and PTSD. The commission shall make the
course available to law enforcement agencies in California.
(e) In addition to the duties contained in subdivisions (a), (b),
(c), and (d), the commission shall distribute, as necessary, a
training bulletin via the Internet to law enforcement agencies
participating in the commission's program on the topic of TBI and
PTSD.
(f) The commission shall report to the Legislature, no later than
June 30, 2012, on the extent to which peace officers are receiving
adequate training in how to interact with persons suffering from TBI
or PTSD.
(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on June 30, 2016, pursuant to Section
10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
Every city police officer or deputy sheriff at a
supervisory level who is assigned field or investigative duties shall
complete a high technology crimes and computer seizure training
course certified by the Commission on Peace Officer Standards and
Training by January 1, 2000, or within 18 months of assignment to
supervisory duties. Completion of the course may be satisfied by
telecourse, video training tape, or other instruction. This training
shall be offered to all city police officers and deputy sheriffs as
part of continuing professional training. The training shall, at a
minimum, address relevant laws, recognition of high technology
crimes, and computer evidence collection and preservation.
(a) The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies in the
investigation of sexual assault cases, and cases involving the sexual
exploitation or sexual abuse of children, including, police response
to, and treatment of, victims of these crimes.
(b) The course of training leading to the basic certificate issued
by the commission shall, on and after July 1, 1977, include adequate
instruction in the procedures described in subdivision (a). No
reimbursement shall be made to local agencies based on attendance on
or after that date at any course which does not comply with the
requirements of this subdivision.
(c) The commission shall prepare and implement a course for the
training of specialists in the investigation of sexual assault cases,
child sexual exploitation cases, and child sexual abuse cases.
Officers assigned to investigation duties which include the handling
of cases involving the sexual exploitation or sexual abuse of
children, shall successfully complete that training within six months
of the date the assignment was made.
(d) It is the intent of the Legislature in the enactment of this
section to encourage the establishment of sex crime investigation
units in police agencies throughout the state, which units shall
include, but not be limited to, investigating crimes involving the
sexual exploitation and sexual abuse of children.
(e) It is the further intent of the Legislature in the enactment
of this section to encourage the establishment of investigation
guidelines that take into consideration the sensitive nature of the
sexual exploitation and sexual abuse of children with respect to both
the accused and the alleged victim.
(a) The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies in the
detection, investigation, and response to cases in which a minor is a
victim of an act of abuse or neglect prohibited by this code. The
guidelines shall include procedures for determining whether or not a
child should be taken into protective custody. The guidelines shall
also include procedures for minimizing the number of times a child is
interviewed by law enforcement personnel.
(b) The course of training leading to the basic certificate issued
by the commission shall, not later than July 1, 1979, include
adequate instruction in the procedures described in subdivision (a).
(c) The commission shall prepare and implement an optional course
of training of specialists in the investigation of cases in which a
minor is a victim of an act of abuse or neglect prohibited by this
code.
(d) The commission shall consult with the State Office of Child
Abuse Prevention in developing the guidelines and optional course of
training.
The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses.
(a) The commission shall develop guidelines and training
for use by state and local law enforcement officers to address issues
related to child safety when a caretaker parent or guardian is
arrested.
(b) The guidelines and training shall, at a minimum, address the
following subjects:
(1) Procedures to ensure that officers and custodial employees
inquire whether an arrestee has minor dependent children without
appropriate supervision.
(2) Authorizing additional telephone calls by arrestees so that
they may arrange for the care of minor dependent children.
(3) Use of county child welfare services, as appropriate, and
other similar service providers to assist in the placement of
dependent children when the parent or guardian is unable or unwilling
to arrange suitable care for the child or children.
(4) Identification of local government or nongovernmental agencies
able to provide appropriate custodial services.
(5) Temporary supervision of minor children to ensure their safety
and well-being.
(6) Sample procedures to assist state and local law enforcement
agencies to develop ways to ensure the safety and well-being of
children when the parent or guardian has been arrested.
(c) The commission shall use appropriate subject matter experts,
including representatives of law enforcement and county child welfare
agencies, in developing the guidelines and training required by this
section.
(a) Every city police officer, sheriff, deputy sheriff,
marshal, deputy marshal, peace officer member of the Department of
the California Highway Patrol, and police officer of a district
authorized by statute to maintain a police department, except those
whose duties are primarily clerical or administrative, shall meet the
training standards prescribed by the Emergency Medical Services
Authority for the administration of first aid and cardiopulmonary
resuscitation. This training shall include instruction in the use of
a portable manual mask and airway assembly designed to prevent the
spread of communicable diseases. In addition, satisfactory completion
of periodic refresher training or appropriate testing in
cardiopulmonary resuscitation and other first aid as prescribed by
the Emergency Medical Services Authority shall also be required.
(b) The course of training leading to the basic certificate issued
by the commission shall include adequate instruction in the
procedures described in subdivision (a). No reimbursement shall be
made to local agencies based on attendance at any such course which
does not comply with the requirements of this subdivision.
(c) As used in this section, "primarily clerical or administrative"
means the performance of clerical or administrative duties for a
minimum of 90 percent of the time worked within a pay period.
In order to prevent the spread of communicable disease, a
law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 may provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.
(a) Each peace officer in California who meets the
criteria specified in subdivision (b) shall complete a course in
basic maritime operations for law enforcement officers. The course of
instruction shall include boat handling, chart reading, navigation
rules, and comprehensive training regarding maritime boardings,
arrest procedures, vessel identification, searches, and
counterterrorism practices and procedures. The curriculum shall be
consistent with applicable federal standards and tactical training.
(b) Subdivision (a) shall apply to a peace officer who meets all
of the following criteria:
(1) Is employed by a city, county, city and county, or district
that has adopted a resolution pursuant to paragraph (2) of
subdivision (c).
(2) Is within a classification identified in the resolution
adopted pursuant to paragraph (2) of subdivision (c).
(3) Is assigned in a jurisdiction that includes navigable waters.
(4) Serves as a crew member on a waterborne law enforcement
vessel.
(c) This section shall become operative in a city, county, city
and county, or district when both of the following apply:
(1) The federal Department of Homeland Security has provided
funding to a law enforcement agency in a city, county, city and
county, or district to implement this section.
(2) The governing body of the city, county, city and county, or
district, such as the board of supervisors of a county or the city
council, has adopted a resolution agreeing to implement this section
and identifying the specific classifications of peace officers in the
jurisdiction that will be subject to training pursuant to this
section.
(a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence. The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with
expertise in the delivery of direct services to victims of domestic
violence, including utilizing the staff of shelters for battered
women in the presentation of training.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
(1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
(2) The legal duties imposed on peace officers to make arrests and
offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
(3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
(4) The nature and extent of domestic violence.
(5) The signs of domestic violence.
(6) The legal rights of, and remedies available to, victims of
domestic violence.
(7) The use of an arrest by a private person in a domestic
violence situation.
(8) Documentation, report writing, and evidence collection.
(9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
(10) Tenancy issues and domestic violence.
(11) The impact on children of law enforcement intervention in
domestic violence.
(12) The services and facilities available to victims and
batterers.
(13) The use and applications of this code in domestic violence
situations.
(14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(15) Verification and enforcement of stay-away orders.
(16) Cite and release policies.
(17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
(d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
(e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
(2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
(3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
(B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
(C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
(4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence. The commission shall assist where
possible.
(f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence. The groups and individuals shall include, but
shall not be limited to, the following: one representative each from
the California Peace Officers' Association, the Peace Officers'
Research Association of California, the State Bar of California, the
California Women Lawyers' Association, and the State Commission on
the Status of Women and Girls; two representatives from the
commission; two representatives from the California Partnership to
End Domestic Violence; two peace officers, recommended by the
commission, who are experienced in the provision of domestic violence
training; and two domestic violence experts, recommended by the
California Partnership to End Domestic Violence, who are experienced
in the provision of direct services to victims of domestic violence
and at least one representative of service providers serving the
lesbian, gay, bisexual, and transgender community in connection with
domestic violence. At least one of the persons selected shall be a
former victim of domestic violence.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
(g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d). The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section. It is
the intent of the Legislature not to increase the annual training
costs of local government entities.
(a) The commission shall implement by January 1, 2002, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of stalking complaints and
also shall develop guidelines for law enforcement response to
stalking. The course or courses of instruction and the guidelines
shall stress enforcement of criminal laws in stalking situations,
availability of civil remedies and community resources, and
protection of the victim. Where appropriate, the training presenters
shall include stalking experts with expertise in the delivery of
direct services to victims of stalking. Completion of the course may
be satisfied by telecommunication, video training tape, or other
instruction.
(b) (1) As used in this section, "law enforcement officer" means
any officer or employee of a local police department or sheriff's
office, any peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, any peace officer of
the University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(2) As used in this section, "stalking" means the offense defined
in Section 646.9.
(c) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of stalking.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways stalking training might be included as a part of ongoing
programs.
(d) Participation in the course or courses specified in this
section by peace officers or the agencies employing them, is
voluntary.
(a) The Department of Justice shall make accessible to
law enforcement agencies, via a department bulletin and the
California Law Enforcement Web, the commission's "Guidelines For
Handling Missing Persons Investigations" or any subsequent similar
guidelines created by the commission, relating to the investigation
of missing persons.
(b) By January 1, 2012, law enforcement agencies shall adopt a
checklist document directing peace officers on investigation
guidelines and resources available to them in the early hours of a
missing person investigation. The commission's "Guidelines For
Handling Missing Persons Investigations" should be used as a model
policy or example in developing the checklist document.
(c) By January 1, 2012, law enforcement agencies shall adopt a
policy, regulations, or guidelines on missing persons investigations
that are consistent with state and federal law. The commission's
"Guidelines For Handling Missing Persons Investigations" should be
used as a model policy or example in developing the policy,
regulations, or guidelines.
(d) By January 1, 2012, law enforcement agencies shall utilize, at
a minimum, the department's missing person reporting form for the
initial contact with the parent or family member reporting a missing
person.
(e) As necessary and appropriate, the commission shall modify its
missing persons investigations guidelines and curriculum with
contemporary information. Specifically, the commission should
consider including and revising their guidelines to include both of
the following:
(1) Steps for law enforcement agencies in the first few hours
after the reporting of a missing person.
(2) Information on the availability of the department task forces,
the SAFE Task Force Regional Teams, and other entities that can
assist in the search for a missing person.
(a) The commission shall implement by July 1, 1988, a
course or courses of instruction for the training of law enforcement
officers and law enforcement dispatchers in the handling of missing
person and runaway cases and shall also develop guidelines for law
enforcement response to missing person and runaway cases. The course
or courses of instruction and the guidelines shall include, but not
be limited to, timeliness and priority of response, assisting persons
who make missing person reports to contact the appropriate law
enforcement agency in the jurisdiction of the residence address of
the missing person or runaway and the appropriate law enforcement
agency in the jurisdiction where the missing person or runaway was
last seen, and coordinating law enforcement agencies for the purpose
of efficiently and effectively taking and investigating missing
person reports.
As used in this section, "law enforcement" includes any officers
or employees of a local police or sheriff's office or of the
California Highway Patrol.
(b) The course of basic training for law enforcement officers and
law enforcement dispatchers shall, not later than January 1, 1989,
include adequate instruction in the handling of missing person and
runaway cases developed pursuant to subdivision (a).
(c) All law enforcement officers and law enforcement dispatchers
who have received their basic training before January 1, 1989, shall
participate in supplementary training on missing person and runaway
cases, as prescribed and certified by the commission. The training
required by this subdivision shall be completed not later than
January 1, 1991.
(a) The commission shall, on or before July 1, 1990,
include in the basic training course for law enforcement officers,
adequate instruction in the handling of persons with developmental
disabilities or mental illness, or both. Officers who complete the
basic training prior to July 1, 1990, shall participate in
supplementary training on this topic. This supplementary training
shall be completed on or before July 1, 1992. Further training
courses to update this instruction shall be established, as deemed
necessary by the commission.
(b) The course of instruction relating to the handling of
developmentally disabled or mentally ill persons shall be developed
by the commission in consultation with appropriate groups and
individuals having an interest and expertise in this area. In
addition to providing instruction on the handling of these persons,
the course shall also include information on the cause and nature of
developmental disabilities and mental illness, as well as the
community resources available to serve these persons.
(a) Effective July 1, 1990, the commission shall
establish, for those peace officers specified in subdivision (a) of
Section 13510 who are assigned to patrol or investigations, a course
on the nature of sudden infant death syndrome and the handling of
cases involving the sudden deaths of infants. The course shall
include information on the community resources available to assist
families and child care providers who have lost a child to sudden
infant death syndrome. Officers who are employed after January 1,
1990, shall complete a course in sudden infant death syndrome prior
to the issuance of the Peace Officer Standards and Training basic
certificate, and shall complete training on this topic on or before
July 1, 1992.
(b) The commission, in consultation with experts in the field of
sudden infant death syndrome, shall prepare guidelines establishing
standard procedures which may be followed by law enforcement agencies
in the investigation of cases involving sudden deaths of infants.
(c) The course relating to sudden infant death syndrome and the
handling of cases of sudden infant deaths shall be developed by the
commission in consultation with experts in the field of sudden infant
death syndrome. The course shall include instruction in the standard
procedures developed pursuant to subdivision (b). In addition, the
course shall include information on the nature of sudden infant death
syndrome which shall be taught by experts in the field of sudden
infant death syndrome.
(d) The commission shall review and modify the basic course
curriculum to include sudden infant death syndrome awareness as part
of death investigation training.
(e) When the instruction and training are provided by a local
agency, a fee shall be charged sufficient to defray the entire cost
of instruction and training.
(a) The commission shall develop and disseminate
guidelines and training for all peace officers in California as
described in subdivision (a) of Section 13510 and who adhere to the
standards approved by the commission, on the racial and cultural
differences among the residents of this state. The course or courses
of instruction and the guidelines shall stress understanding and
respect for racial, identity, and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a diverse racial, identity, and cultural
environment.
(b) The course of basic training for peace officers shall include
adequate instruction on racial, identity, and cultural diversity in
order to foster mutual respect and cooperation between law
enforcement and members of all racial, identity, and cultural groups.
In developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of racial, identity, and cultural awareness and
diversity.
(c) For the purposes of this section the following shall apply:
(1) "Disability," "gender," "nationality," "religion," and "sexual
orientation" have the same meaning as in Section 422.55.
(2) "Culturally diverse" and "cultural diversity" include, but are
not limited to, disability, gender, nationality, religion, and
sexual orientation issues.
(3) "Racial" has the same meaning as "race or ethnicity" in
Section 422.55.
(4) "Stop" has the same meaning as in paragraph (2) of subdivision
(g) of Section 12525.5 of the Government Code.
(d) The Legislature finds and declares as follows:
(1) The working men and women in California law enforcement risk
their lives every day. The people of California greatly appreciate
the hard work and dedication of peace officers in protecting public
safety. The good name of these officers should not be tarnished by
the actions of those few who commit discriminatory practices.
(2) Racial or identity profiling is a practice that presents a
great danger to the fundamental principles of our Constitution and a
democratic society. It is abhorrent and cannot be tolerated.
(3) Racial or identity profiling alienates people from law
enforcement, hinders community policing efforts, and causes law
enforcement to lose credibility and trust among the people whom law
enforcement is sworn to protect and serve.
(4) Pedestrians, users of public transportation, and vehicular
occupants who have been stopped, searched, interrogated, and
subjected to a property seizure by a peace officer for no reason
other than the color of their skin, national origin, religion, gender
identity or expression, housing status, sexual orientation, or
mental or physical disability are the victims of discriminatory
practices.
(5) It is the intent of the Legislature in enacting the changes to
this section made by the act that added this paragraph that
additional training is required to address the pernicious practice of
racial or identity profiling and that enactment of this section is
in no way dispositive of the issue of how the state should deal with
racial or identity profiling.
(e) "Racial or identity profiling," for purposes of this section,
is the consideration of, or reliance on, to any degree, actual or
perceived race, color, ethnicity, national origin, age, religion,
gender identity or expression, sexual orientation, or mental or
physical disability in deciding which persons to subject to a stop or
in deciding upon the scope or substance of law enforcement
activities following a stop, except that an officer may consider or
rely on characteristics listed in a specific suspect description. The
activities include, but are not limited to, traffic or pedestrian
stops, or actions during a stop, such as asking questions, frisks,
consensual and nonconsensual searches of a person or any property,
seizing any property, removing vehicle occupants during a traffic
stop, issuing a citation, and making an arrest.
(f) A peace officer shall not engage in racial or identity
profiling.
(g) Every peace officer in this state shall participate in
expanded training as prescribed and certified by the Commission on
Peace Officers Standards and Training.
(h) The curriculum shall be evidence-based and shall include and
examine evidence-based patterns, practices, and protocols that make
up racial or identity profiling, including implicit bias. This
training shall prescribe evidenced-based patterns, practices, and
protocols that prevent racial or identity profiling. In developing
the training, the commission shall consult with the Racial and
Identity Profiling Advisory Board established pursuant to subdivision
(j). The course of instruction shall include, but not be limited to,
significant consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
racial, identity, and cultural differences among residents in a local
community.
(2) Negative impact of intentional and implicit biases,
prejudices, and stereotyping on effective law enforcement, including
examination of how historical perceptions of discriminatory
enforcement practices have harmed police-community relations and
contributed to injury, death, disparities in arrest detention and
incarceration rights, and wrongful convictions.
(3) The history and role of the civil and human rights movement
and struggles and their impact on law enforcement.
(4) Specific obligations of peace officers in preventing,
reporting, and responding to discriminatory or biased practices by
fellow peace officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular racial, identity, and cultural and police-community
relations issues in a local area.
(6) The prohibition against racial or identity profiling in
subdivision (f).
(i) Once the initial basic training is completed, each peace
officer in California as described in subdivision (a) of Section
13510 who adheres to the standards approved by the commission shall
be required to complete a refresher course every five years
thereafter, or on a more frequent basis if deemed necessary, in order
to keep current with changing racial, identity, and cultural trends.
(j) (1) Beginning July 1, 2016, the Attorney General shall
establish the Racial and Identity Profiling Advisory Board (RIPA) for
the purpose of eliminating racial and identity profiling, and
improving diversity and racial and identity sensitivity in law
enforcement.
(2) RIPA shall include the following members:
(A) The Attorney General, or his or her designee.
(B) The President of the California Public Defenders Association,
or his or her designee.
(C) The President of the California Police Chiefs Association, or
his or her designee.
(D) The President of California State Sheriffs' Association, or
his or her designee.
(E) The President of the Peace Officers Research Association of
California, or his or her designee.
(F) The Commissioner of the California Highway Patrol, or his or
her designee.
(G) A university professor who specializes in policing, and racial
and identity equity.
(H) Two representatives of human or civil rights tax-exempt
organizations who specialize in civil or human rights.
(I) Two representatives of community organizations who specialize
in civil or human rights and criminal justice, and work with victims
of racial and identity profiling. At least one representative shall
be between 16 and 24 years of age.
(J) Two religious clergy members who specialize in addressing and
reducing racial and identity bias toward individuals and groups.
(K) Up to two other members that the Governor may prescribe.
(L) Up to two other members that the President Pro Tempore of the
Senate may prescribe.
(M) Up to two other members that the Speaker of the Assembly may
prescribe.
(3) Each year, on an annual basis, RIPA shall do the following:
(A) Analyze the data reported pursuant to Section 12525.5 of the
Government Code and Section 13012 of the Penal Code.
(B) Analyze law enforcement training under this section.
(C) Work in partnership with state and local law enforcement
agencies to review and analyze racial and identity profiling policies
and practices across geographic areas in California.
(D) Conduct, and consult available, evidence-based research on
intentional and implicit biases, and law enforcement stop, search,
and seizure tactics.
(E) Issue a report that provides RIPA's analysis under
subparagraphs (A) to (D), inclusive, detailed findings on the past
and current status of racial and identity profiling, and makes policy
recommendations for eliminating racial and identity profiling. RIPA
shall post the report on its Internet Web site. Each report shall
include disaggregated statistical data for each reporting law
enforcement agency. The report shall include, at minimum, each
reporting law enforcement agency's total results for each data
collection criteria under subdivision (b) of Section 12525.5 of the
Government Code for each calendar year. The reports shall be retained
and made available to the public by posting those reports on the
Department of Justice's Internet Web site. The first annual report
shall be issued no later than January 1, 2018. The reports are public
records within the meaning of subdivision (d) of Section 6252 of the
Government Code and are open to public inspection pursuant to
Sections 6253, 6256, 6257, and 6258 of the Government Code.
(F) Hold at least three public meetings annually to discuss racial
and identity profiling, and potential reforms to prevent racial and
identity profiling. Each year, one meeting shall be held in northern
California, one in central California, and one in southern
California. RIPA shall provide the public with notice of at least 60
days before each meeting.
(4) Pursuant to subdivision (e) of Section 12525.5 of the
Government Code, RIPA shall advise the Attorney General in developing
regulations for the collection and reporting of stop data, and
ensuring uniform reporting practices across all reporting agencies.
(5) Members of RIPA shall not receive compensation, nor per diem
expenses, for their services as members of RIPA.
(6) No action of RIPA shall be valid unless agreed to by a
majority of its members.
(7) The initial terms of RIPA members shall be four years.
(8) Each year, RIPA shall elect two of its members as
cochairpersons.
The commission shall, on or before July 1, 1991, implement
a course or courses of instruction to provide ongoing training to
the appropriate peace officers on methods of gang and drug law
enforcement.
(a) The commission shall develop guidelines and a course
of instruction and training for law enforcement officers who are
employed as peace officers, or who are not yet employed as a peace
officer but are enrolled in a training academy for law enforcement
officers, addressing hate crimes. "Hate crimes," for purposes of this
section, has the same meaning as in Section 422.55.
(b) The course shall make maximum use of audio and video
communication and other simulation methods and shall include
instruction in each of the following:
(1) Indicators of hate crimes.
(2) The impact of these crimes on the victim, the victim's family,
and the community, and the assistance and compensation available to
victims.
(3) Knowledge of the laws dealing with hate crimes and the legal
rights of, and the remedies available to, victims of hate crimes.
(4) Law enforcement procedures, reporting, and documentation of
hate crimes.
(5) Techniques and methods to handle incidents of hate crimes in a
noncombative manner.
(6) Multimission criminal extremism, which means the nexus of
certain hate crimes, antigovernment extremist crimes,
anti-reproductive-rights crimes, and crimes committed in whole or in
part because of the victims' actual or perceived homelessness.
(7) The special problems inherent in some categories of hate
crimes, including gender-bias crimes, disability-bias crimes,
including those committed against homeless persons with disabilities,
anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and
techniques and methods to handle these special problems.
(8) Preparation for, and response to, possible future
anti-Arab/Middle Eastern and anti-Islamic hate crimewaves, and any
other future hate crime waves that the Attorney General determines
are likely.
(c) The guidelines developed by the commission shall incorporate
the procedures and techniques specified in subdivision (b), and shall
include a framework and possible content of a general order or other
formal policy on hate crimes that all state law enforcement agencies
shall adopt and the commission shall encourage all local law
enforcement agencies to adopt. The elements of the framework shall
include, but not be limited to, the following:
(1) A message from the law enforcement agency's chief executive
officer to the agency's officers and staff concerning the importance
of hate crime laws and the agency's commitment to enforcement.
(2) The definition of "hate crime" in Section 422.55.
(3) References to hate crime statutes including Section 422.6.
(4) A title-by-title specific protocol that agency personnel are
required to follow, including, but not limited to, the following:
(A) Preventing and preparing for likely hate crimes by, among
other things, establishing contact with persons and communities who
are likely targets, and forming and cooperating with community hate
crime prevention and response networks.
(B) Responding to reports of hate crimes, including reports of
hate crimes committed under the color of authority.
(C) Accessing assistance, by, among other things, activating the
Department of Justice hate crime rapid response protocol when
necessary.
(D) Providing victim assistance and followup, including community
followup.
(E) Reporting.
(d) (1) The course of training leading to the basic certificate
issued by the commission shall include the course of instruction
described in subdivision (a).
(2) Every state law enforcement and correctional agency, and every
local law enforcement and correctional agency to the extent that
this requirement does not create a state-mandated local program cost,
shall provide its peace officers with the basic course of
instruction as revised pursuant to the act that amends this section
in the 2003-04 session of the Legislature, beginning with officers
who have not previously received the training. Correctional agencies
shall adapt the course as necessary.
(e) As used in this section, "peace officer" means any person
designated as a peace officer by Section 830.1 or 830.2.
(f) The additional training requirements imposed under this
section by legislation adopted in 2004 shall be implemented by July
1, 2007.
(a) The Legislature finds and declares that research,
including "Special Report to the Legislature on Senate Resolution 18:
Crimes Committed Against Homeless Persons" by the Department of
Justice and "Hate, Violence, and Death: A Report on Hate Crimes
Against People Experiencing Homelessness from 1999-2002" by the
National Coalition for the Homeless demonstrate that California has
had serious and unaddressed problems of crime against homeless
persons, including homeless persons with disabilities.
(b) (1) By July 1, 2005, the Commission on Peace Officer Standards
and Training, using available funding, shall develop a two-hour
telecourse to be made available to all law enforcement agencies in
California on crimes against homeless persons and on how to deal
effectively and humanely with homeless persons, including homeless
persons with disabilities. The telecourse shall include information
on multimission criminal extremism, as defined in Section 13519.6. In
developing the telecourse, the commission shall consult
subject-matter experts including, but not limited to, homeless and
formerly homeless persons in California, service providers and
advocates for homeless persons in California, experts on the
disabilities that homeless persons commonly suffer, the California
Council of Churches, the National Coalition for the Homeless, the
Senate Office of Research, and the Criminal Justice Statistics Center
of the Department of Justice.
(2) Every state law enforcement agency, and every local law
enforcement agency, to the extent that this requirement does not
create a state-mandated local program cost, shall provide the
telecourse to its peace officers.
(a) On or before August 1, 1994, the commission shall
develop complaint guidelines to be followed by city police
departments, county sheriffs' departments, districts, and state
university departments, for peace officers who are victims of sexual
harassment in the workplace. In developing the complaint guidelines,
the commission shall consult with appropriate groups and individuals
having an expertise in the area of sexual harassment.
(b) The course of basic training for law enforcement officers
shall, no later than January 1, 1995, include instruction on sexual
harassment in the workplace. The training shall include, but not be
limited to, the following:
(1) The definition of sexual harassment.
(2) A description of sexual harassment, utilizing examples.
(3) The illegality of sexual harassment.
(4) The complaint process, legal remedies, and protection from
retaliation available to victims of sexual harassment.
In developing this training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the area of sexual harassment.
(c) All peace officers who have received their basic training
before January 1, 1995, shall receive supplementary training on
sexual harassment in the workplace by January 1, 1997.
(a) (1) The commission shall implement a course or courses
of instruction for the regular and periodic training of law
enforcement officers in the handling of high-speed vehicle pursuits
and shall also develop uniform, minimum guidelines for adoption and
promulgation by California law enforcement agencies for response to
high-speed vehicle pursuits. The guidelines and course of instruction
shall stress the importance of vehicle safety and protecting the
public at all times, include a regular assessment of law enforcement'
s vehicle pursuit policies, practices, and training, and recognize
the need to balance the known offense and the need for immediate
capture against the risks to officers and other citizens of a
high-speed pursuit. These guidelines shall be a resource for each
agency executive to use in the creation of a specific pursuit policy
that the agency is encouraged to adopt and promulgate, and that
reflects the needs of the agency, the jurisdiction it serves, and the
law.
(2) As used in this section, "law enforcement officer" includes
any peace officer of a local police or sheriff's department or the
California Highway Patrol, or of any other law enforcement agency
authorized by law to conduct vehicular pursuits.
(b) The course or courses of basic training for law enforcement
officers and the guidelines shall include adequate consideration of
each of the following subjects:
(1) When to initiate a pursuit.
(2) The number of involved law enforcement units permitted.
(3) Responsibilities of primary and secondary law enforcement
units.
(4) Driving tactics.
(5) Helicopter assistance.
(6) Communications.
(7) Capture of suspects.
(8) Termination of a pursuit.
(9) Supervisory responsibilities.
(10) Blocking, ramming, boxing, and roadblock procedures.
(11) Speed limits.
(12) Interjurisdictional considerations.
(13) Conditions of the vehicle, driver, roadway, weather, and
traffic.
(14) Hazards to uninvolved bystanders or motorists.
(15) Reporting and postpursuit analysis.
(c) (1) All law enforcement officers who have received their basic
training before January 1, 1995, shall participate in supplementary
training on high-speed vehicle pursuits, as prescribed and certified
by the commission.
(2) Law enforcement agencies are encouraged to include, as part of
their advanced officer training program, periodic updates and
training on high-speed vehicle pursuit. The commission shall assist
where possible.
(d) (1) The course or courses of instruction, the learning and
performance objectives, the standards for the training, and the
guidelines shall be developed by the commission in consultation with
appropriate groups and individuals having an interest and expertise
in the field of high-speed vehicle pursuits. The groups and
individuals shall include, but not be limited to, law enforcement
agencies, police academy instructors, subject matter experts, and
members of the public.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine the
ways in which high-speed pursuit training may be included as part of
ongoing programs.
(e) It is the intent of the Legislature that each law enforcement
agency adopt, promulgate, and require regular and periodic training
consistent with an agency's specific pursuit policy that, at a
minimum, complies with the guidelines developed under subdivisions
(a) and (b).
(a) On or before January 1, 1995, the commission shall
establish the Robert Presley Institute of Criminal Investigation
which will make available to criminal investigators of California's
law enforcement agencies an advanced training program to meet the
needs of working investigators in specialty assignments, such as
arson, auto theft, homicide, and narcotics.
(b) The institute shall provide an array of investigation
training, including the following:
(1) Core instruction in matters common to all investigative
activities.
(2) Advanced instruction through foundation specialty courses in
the various investigative specialties.
(3) Completion of a variety of elective courses pertaining to
investigation.
(c) (1) Instruction in core foundation and specialty courses shall
be designed not only to impart new knowledge, but to evoke from
students the benefit of their experience and ideas in a creative and
productive instructional design environment.
(2) Instructors shall be skilled and knowledgeable both in subject
matter and in the use of highly effective instructional strategies.
(d) (1) The commission shall design and operate the institute to
constantly improve the effectiveness of instruction.
(2) The institute shall make use of the most modern instructional
design and equipment, including computer-assisted instruction,
scenarios, and case studies.
(3) The institute shall ensure that proper facilities, such as
crime scene training areas, are available for use by students.
(a) Pursuant to Section 13510, the Commission on Peace
Officer Standards and Training shall establish training standards and
develop a course of instruction that includes the criteria for the
curriculum content recommended by the Curriculum Development Advisory
Committee established pursuant to Section 8588.10 of the Government
Code, involving the responsibilities of first responders to terrorism
incidents. The course of instruction shall address the training
needs of peace officers at a managerial or supervisory level and
below who are assigned to field duties. The training shall be
developed in consultation with the Department of Justice and other
individuals knowledgeable about terrorism and address current theory,
terminology, historical issues, and procedures necessary to
appropriately respond to and effectively mitigate the effects of a
terrorism incident. The training standards and course of instruction
may, if appropriate, include coordination with emergency medical
services providers that respond to an incident, tactical casualty
care, and other standards of emergency care as established pursuant
to Section 1799.50 of the Health and Safety Code by the Commission on
Emergency Medical Services.
(b) The commission shall expedite the delivery of this training to
law enforcement through maximum use of its local and regional
delivery systems.
(c) To maximize the availability and delivery of training, the
commission shall develop a course of instruction to train trainers
and first responders dealing with terrorism incidents using a variety
of formats.
(d) Every police chief and sheriff, the Commissioner of the
Highway Patrol, and other general law enforcement agency executives
may determine the members of their agency to receive the emergency
response to terrorism incidents training developed by the commission
under this section. The persons to be trained may include, but are
not limited to, peace officers that perform general law enforcement
duties at a managerial or supervisory level or below and are assigned
to field duties.
(e) For purposes of this section, a "terrorism incident" includes,
but is not limited to, an active shooter incident. An "active
shooter incident" is an incident where an individual is actively
engaged in killing or attempting to kill people.
(a) The commission shall implement by January 1, 2007, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of human trafficking
complaints and also shall develop guidelines for law enforcement
response to human trafficking. The course or courses of instruction
and the guidelines shall stress the dynamics and manifestations of
human trafficking, identifying and communicating with victims,
providing documentation that satisfy the Law Enforcement Agency (LEA)
endorsement required by federal law, collaboration with federal law
enforcement officials, therapeutically appropriate investigative
techniques, the availability of civil and immigration remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include human trafficking experts with
experience in the delivery of direct services to victims of human
trafficking. Completion of the course may be satisfied by
telecommunication, video training tape, or other instruction.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the Department of the California Highway
Patrol, as defined by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Every law enforcement officer who is assigned field or
investigative duties shall complete a minimum of two hours of
training in a course or courses of instruction pertaining to the
handling of human trafficking complaints as described in subdivision
(a) by July 1, 2014, or within six months of being assigned to that
position, whichever is later.
The commission shall prepare guidelines establishing
standard procedures which may be followed by law enforcement agencies
in the investigation and reporting of cases involving
anti-reproductive-rights crimes. In developing the guidelines, the
commission shall consider recommendations 1 to 12, inclusive, 14, and
15 of the report prepared by the Department of Justice and submitted
to the Legislature pursuant to the Reproductive Rights Law
Enforcement Act (Title 5.7 (commencing with Section 13775)).