BILL NUMBER: SB 1406	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2014
	AMENDED IN SENATE  MARCH 26, 2014

INTRODUCED BY   Senator Wolk

                        FEBRUARY 21, 2014

   An act to amend Section 831.5 of the Penal Code, relating to
correctional officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1406, as amended, Wolk. Correctional Officers: Napa County.
   Under existing law, a custodial officer is a public officer, not a
peace officer, employed by a law enforcement agency of a county
having a population of 425,000 or less, or by certain specified
counties, including Santa Clara County, and that officer has the
authority and responsibility for maintaining custody of prisoners and
performs tasks related to the operation of a local detention
facility. Existing law requires custodial officers to undergo
specified training, and authorizes those officers to perform
specified duties, including, among others, serving warrants, court
orders, writs, and subpoenas in the detention facility, and
maintaining custody of prisoners and related tasks. Existing law
authorizes custodial officers employed by the Santa Clara County
Department of Corrections to perform certain additional duties in a
detention facility in that county, including, but not limited to,
searching property, cells, prisoners, or visitors.
   This bill would, upon resolution by the Napa County Board of
Supervisors, authorize custodial officers employed by the Napa County
Department of Corrections to perform certain additional duties in a
facility located in Napa County similar to those described above for
Santa Clara County correctional officers. The bill would prohibit its
provisions from being construed to authorize the performance of any
law enforcement activity involving any person other than an inmate or
his or her visitors. The bill would also include a related statement
of legislative intent.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for Napa County.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 831.5 of the Penal Code is amended to read:
   831.5.  (a) As used in this section, a custodial officer is a
public officer, not a peace officer, employed by a law enforcement
agency of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, Napa County, or a
county having a population of 425,000 or less who has the authority
and responsibility for maintaining custody of prisoners and performs
tasks related to the operation of a local detention facility used for
the detention of persons usually pending arraignment or upon court
order either for their own safekeeping or for the specific purpose of
serving a sentence therein. Custodial officers of a county shall be
employees of, and under the authority of, the sheriff, except in
counties in which the sheriff, as of July 1, 1993, is not in charge
of and the sole and exclusive authority to keep the county jail and
the prisoners in it. A custodial officer includes a person designated
as a correctional officer, jailer, or other similar title. The
duties of a custodial officer may include the serving of warrants,
court orders, writs, and subpoenas in the detention facility or under
circumstances arising directly out of maintaining custody of
prisoners and related tasks.
   (b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
   (c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
State and Community Corrections pursuant to Section 6035. Persons
designated as custodial officers, before the expiration of the 90-day
and one-year periods described in this subdivision, who have not yet
completed the required training, shall not carry or possess firearms
in the performance of their prescribed duties, but may perform the
duties of a custodial officer only while under the direct supervision
of a peace officer, as described in Section 830.1, who has completed
the training prescribed by the Commission on Peace Officer Standards
and Training, or a custodial officer who has completed the training
required in this section.
   (d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
   (e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
   (f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
   (g) Custodial officers employed by the Santa Clara County
Department of Correction are authorized to perform the following
additional duties in the facility:
   (1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
   (2) Search property, cells, prisoners or visitors.
   (3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
   (4) Conduct searches and seizures pursuant to a duly issued
warrant.
   (5) Segregate prisoners.
   (6) Classify prisoners for the purpose of housing or participation
in supervised activities.
   These duties may be performed at the Santa Clara Valley Medical
Center, or at other health care facilities in the County of Santa
Clara, as needed and only as they directly relate to guarding
in-custody inmates. This subdivision shall not be construed to
authorize the performance of any law enforcement activity involving
any person other than the inmate or his or her visitors. 
   (h) (1) Upon resolution by the Napa County Board of Supervisors,
custodial officers employed by the Napa County Department of
Corrections are authorized to perform all of the following duties in
a facility located in that county:  
   (A) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.  
   (B) Search property, cells, prisoners, or visitors.  
   (C) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.  
   (D) Conduct searches and seizures pursuant to a duly issued
warrant.  
   (E) Segregate prisoners.  
   (F) Classify prisoners for the purpose of housing or participation
in supervised activities.  
   (2) This subdivision shall not be construed to authorize the
performance of any law enforcement activity involving any person
other than an inmate or his or her visitors.  
   (h) 
    (i)  Nothing in this section shall authorize a custodial
officer to carry or possess a firearm when the officer is not on
duty. 
   (i) 
    (j)  It is the intent of the Legislature that this
section, as it relates to Santa Clara  County  
and Napa Counties  , enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara 
County   and Napa Counties  ) and to clarify the
relationships of the correctional officers and deputy sheriffs in
 Santa Clara County   those counties  .
These duties are the same duties of the custodial officers prior to
the date of enactment of Chapter 635 of the Statutes of 1999 pursuant
to local rules and judicial decisions. It is further the intent of
the Legislature that all issues regarding compensation for custodial
officers remain subject to the collective bargaining process between
the  County of Santa Clara   coun  
ties  and the authorized bargaining representative for the
custodial officers. However, nothing in this section shall be
construed to assert that the duties of custodial officers are
equivalent to the duties of deputy sheriffs nor to affect the ability
of the county to negotiate pay that reflects the different duties of
custodial officers and deputy sheriffs. 
   (j) This section shall become operative on January 1, 2003.
 
   (k) (1) Upon resolution by the Napa County Board of Supervisors,
custodial officers employed by the Napa County Department of
Corrections are authorized to perform all of the following duties in
a facility located in that county:  
   (A) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.  
   (B) Search property, cells, prisoners, or visitors. 

   (C) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.  
   (D) Conduct searches and seizures pursuant to a duly issued
warrant.  
   (E) Segregate prisoners.  
   (F) Classify prisoners for the purpose of housing or participation
in supervised activities.  
   (2) This subdivision shall not be construed to authorize the
performance of any law enforcement activity involving any person
other than an inmate or his or her visitors.  
   (3) It is the intent of the Legislature that this subdivision, as
it relates to Napa County, enumerate specific duties of custodial
officers (known as "correctional officers" in Napa County) and to
clarify the relationships of the correctional officers and deputy
sheriffs in that county. These duties are the same duties of the
custodial officers prior to the date of enactment of Chapter 635 of
the Statutes of 1999 pursuant to local rules and judicial decisions.
It is further the intent of the Legislature that all issues regarding
compensation for custodial officers remain subject to the collective
bargaining process between Napa County and the authorized bargaining
representative for the custodial officers. However, nothing in this
subdivision shall be construed to assert that the duties of custodial
officers are equivalent to the duties of deputy sheriffs nor to
affect the ability of the county to negotiate pay that reflects the
different duties of custodial officers and deputy sheriffs. 

  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances that exist in Napa County, where
the Napa County Department of Corrections, rather than the County of
Napa Sheriff's Department, has jurisdiction over the Napa County Jail
facility.