BILL NUMBER: SB 1406	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 21, 2014

   An act to amend Section 830.55 of the Penal Code, relating to
correctional officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1406, as introduced, Wolk. Training.
   Existing law sets forth the selection and training standards for
peace officers, including, but not limited to, local correctional
officers with responsibilities over operating, and maintaining the
custody of inmates or wards in, prescribed custodial facilities.
   This bill would make a technical, nonsubstantive change.
   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 830.55 of the Penal Code is amended to read:
   830.55.  (a) (1) As used in this section, a correctional officer
is a peace officer, employed by a city, county, or city and county
that operates a facility described in Section 2910.5 of this code or
Section 1753.3 of the Welfare and Institutions Code or facilities
operated by counties pursuant to Section 6241 or 6242 of this code
under contract with the Department of Corrections and Rehabilitation
or the Division of Juvenile Justice within the department, who has
the authority and responsibility for maintaining custody of specified
state prison inmates or wards, and who performs tasks related to the
operation of a detention facility used for the detention of persons
who have violated parole or are awaiting parole back into the
community or, upon court order, either for their own safekeeping or
for the specific purpose of serving a sentence therein.
   (2) As used in this section, a correctional officer is also a
peace officer, employed by a city, county, or city and county that
operates a facility described in Section 4115.55, who has the
authority and responsibility for maintaining custody of inmates
sentenced to or housed in that facility, and who performs tasks
related to the operation of that facility.
   (b) A correctional officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties, except,
under the direction of the superintendent of the facility, while
engaged in transporting prisoners, guarding hospitalized prisoners,
or suppressing riots, lynchings, escapes, or rescues in or about a
detention facility established pursuant to Section 2910.5 or 4115.55
of this code or Section 1753.3 of the Welfare and Institutions Code.
   (c) Each person described in this section as a correctional
officer, within 90 days following the date of the initial assignment
to that position, shall satisfactorily complete the training course
specified in Section 832. In addition, each person designated as a
correctional officer, within one year following the date of the
initial assignment as an officer, shall 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 correctional officers, before the expiration of the
90-day and one-year periods  described   set
forth  in this subdivision, who have not yet completed the
required training, may perform the duties of a correctional officer
only while under the direct supervision of a correctional officer who
has completed the training required in this section, and shall not
carry or possess firearms in the performance of their prescribed
duties.
   (d) This section shall not be construed to confer any authority
upon a correctional officer except while on duty.
   (e) A correctional 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, and may make warrantless arrests pursuant to Section
836.5 only during the duration of his or her job.