Article 1. Administration of California Penal Code >> Title 4. >> Part 4. >> Chapter 1. >> Article 1.
(a) There is in the Department of Justice a Commission on
Peace Officer Standards and Training, hereafter referred to in this
chapter as the commission. The commission consists of 15 members
appointed by the Governor, after consultation with, and with the
advice of, the Attorney General and with the advice and consent of
the Senate. Racial, gender, and ethnic diversity shall be considered
for all appointments to the commission.
(b) The commission shall be composed of the following members:
(1) Two members shall be (i) sheriffs or chiefs of police or peace
officers nominated by their respective sheriffs or chiefs of police,
(ii) peace officers who are deputy sheriffs or city police officers,
or (iii) any combination thereof.
(2) Three members shall be sheriffs or chiefs of police or peace
officers nominated by their respective sheriffs or chiefs of police.
(3) Four members shall be peace officers of the rank of sergeant
or below with a minimum of five years' experience as a deputy
sheriff, city police officer, marshal, or state-employed peace
officer for whom the commission sets standards. Each member shall
have demonstrated leadership in the recognized employee organization
having the right to represent the member, as set forth in the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500))
and the Ralph C. Dills Act (Chapter 10.5 (commencing with Section
3525)) of Division 4 of Title 1 of the Government Code.
(4) One member shall be an elected officer or chief administrative
officer of a county in this state.
(5) One member shall be an elected officer or chief administrative
officer of a city in this state.
(6) Two members shall be public members who shall not be peace
officers.
(7) One member shall be an educator or trainer in the field of
criminal justice.
(8) One member shall be a peace officer in California of the rank
of sergeant or below with a minimum of five years experience as a
deputy sheriff, city police officer, marshal, or state-employed peace
officer for whom the commission sets standards. This member shall
have demonstrated leadership in a California-based law enforcement
association that is also a presenter of POST-certified law
enforcement training that advances the professionalism of peace
officers in California.
(c) The Attorney General shall be an ex officio member of the
commission.
(d) Of the members first appointed by the Governor, three shall be
appointed for a term of one year, three for a term of two years, and
three for a term of three years. Their successors shall serve for a
term of three years and until appointment and qualification of their
successors, each term to commence on the expiration date of the term
of the predecessor.
(e) The additional member provided for by the Legislature in its
1973-74 Regular Session shall be appointed by the Governor on or
before January 15, 1975, and shall serve for a term of three years.
(f) The additional member provided for by the Legislature in its
1977-78 Regular Session shall be appointed by the Governor on or
after July 1, 1978, and shall serve for a term of three years.
(g) The additional members provided for by the Legislature in its
1999-2000 Regular Session shall be appointed by the Governor on or
before July 1, 2000, and shall serve for a term of three years.
(h) The additional member provided for by the Legislature in its
2007-08 Regular Session shall be appointed by the Governor on or
before January 31, 2008, and shall serve for a term of three years.
The commission shall select a chairman and a vice chairman
from among its members. A majority of the members of the commission
shall constitute a quorum.
Members of the commission shall receive no compensation, but
shall be reimbursed for their actual and necessary travel expenses
incurred in the performance of their duties. For purposes of
compensation, attendance at meetings of the commission shall be
deemed performance by a member of the duties of his local
governmental employment.
In carrying out its duties and responsibilities, the
commission shall have all of the following powers:
(a) To meet at those times and places as it may deem proper.
(b) To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be necessary.
(c) To contract with other agencies, public or private, or persons
as it deems necessary, for the rendition and affording of those
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities.
(d) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.
(e) To develop and implement programs to increase the
effectiveness of law enforcement and when those programs involve
training and education courses to cooperate with and secure the
cooperation of state-level officers, agencies, and bodies having
jurisdiction over systems of public higher education in continuing
the development of college-level training and education programs.
(f) To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state government.
(g) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it.
(h) The commission shall not have the authority to adopt or carry
out a regulation that authorizes the withdrawal or revocation of a
certificate previously issued to a peace officer pursuant to this
chapter.
(i) Except as specifically provided by law, the commission shall
not have the authority to cancel a certificate previously issued to a
peace officer pursuant to this chapter.
The Attorney General shall, so far as compatible with other
demands upon the personnel in the Department of Justice, make
available to the commission the services of such personnel to assist
the commission in the execution of the duties imposed upon it by this
chapter.
In exercising its functions, the commission shall endeavor
to minimize costs of administration so that a maximum of funds will
be expended for the purpose of providing training and other services
to local law enforcement agencies. All expenses shall be a proper
charge against the revenue accruing under Article 3 (commencing with
Section 13520).
The commission may adopt those regulations as are necessary
to carry out the purposes of this chapter. The commission shall not
have the authority to adopt or carry out a regulation that authorizes
the withdrawal or revocation of a certificate previously issued to a
peace officer pursuant to this chapter. Except as specifically
provided by law, the commission shall not have the authority to adopt
regulations providing for the cancellation of a certificate.
As used in this chapter, "district" means any of the
following:
(a) A regional park district.
(b) A district authorized by statute to maintain a police
department.
(c) The University of California.
(d) The California State University and Colleges.
(e) A community college district.
(f) A school district.
(g) A transit district.
(h) A harbor district.
As used in this chapter, "joint powers agency" means any
agency, entity, or authority formed pursuant to Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code.
(a) The commission shall do each of the following:
(1) Establish a learning technology laboratory that would conduct
pilot projects with regard to needed facilities and otherwise
implement modern instructional technology to improve the
effectiveness of law enforcement training.
(2) Develop an implementation plan for the acquisition of law
enforcement facilities and technology. In developing this plan, the
commission shall consult with appropriate law enforcement and
training organizations. The implementation plan shall include each of
the following items:
(A) An evaluation of pilot and demonstration projects.
(B) Recommendations for the establishment of regional skills
training centers, training conference centers, and the use of modern
instructional technology.
(C) A recommended financing structure.
(b) The commission may enter into joint powers agreements with
other governmental agencies for the purpose of developing and
deploying needed technology and facilities.
(c) Any pilot project conducted pursuant to this section shall
terminate on or before January 1, 1995, unless funding is provided
for the project continuation.