13510. (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.
13510.1. (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.
13510.2. 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.
13510.3. (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.
13510.5. 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 California State Police Division, 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 Game, 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 Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Services, the Department
of Toxic Substances Control, the State Department of Social Services,
the State Department of Mental Health, the State Department of
Developmental Services, the State Department of Alcohol and Drug
Programs, 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.
13510.7. (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.
13511. (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.
13511.3. 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.
13511.5. 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.
13512. 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.
13513. 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.
13514. 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.
13514.1. (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.
(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.
13514.5. (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.
13515. (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.
(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 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.
13515.25. (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.
13515.35. (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.
13515.36. (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.
13515.55. 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.
13516. (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.
13517. (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.
13517.5. The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses.
13517.7. (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.
13518. (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.
13518.1. In order to prevent the spread of communicable disease,
every law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 shall provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.
13519. (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; 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.
13519.05. (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.
13519.07. (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.
13519.1. (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.
13519.2. (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.
13519.3. (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.
13519.4. (a) The commission shall develop and disseminate
guidelines and training for all law enforcement 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 and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a racially and culturally diverse environment.
(b) The course of basic training for law enforcement officers
shall include adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial 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 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.
(d) The Legislature finds and declares as follows:
(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.
(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
(4) 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 law enforcement 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.
(e) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
(f) A law enforcement officer shall not engage in racial
profiling.
(g) Every law enforcement 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 utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling. In developing the training, the commission
shall consult with appropriate groups and individuals having an
interest and expertise in the field of racial profiling. The course
of instruction shall include, but not be limited to, adequate
consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
(i) Once the initial basic training is completed, each law
enforcement 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 and cultural trends.
(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies collecting such data submit it in the
requested manner. The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.
13519.5. 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.
13519.6. (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.
13519.64. (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.
13519.7. (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.
13519.8. (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 individ
13510. (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.
13510.1. (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.
13510.2. 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.
13510.3. (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.
13510.5. 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 California State Police Division, 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 Game, 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 Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Services, the Department
of Toxic Substances Control, the State Department of Social Services,
the State Department of Mental Health, the State Department of
Developmental Services, the State Department of Alcohol and Drug
Programs, 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.
13510.7. (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.
13511. (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.
13511.3. 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.
13511.5. 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.
13512. 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.
13513. 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.
13514. 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.
13514.1. (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.
(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.
13514.5. (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.
13515. (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.
(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 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.
13515.25. (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.
13515.35. (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.
13515.36. (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.
13515.55. 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.
13516. (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.
13517. (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.
13517.5. The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses.
13517.7. (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.
13518. (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.
13518.1. In order to prevent the spread of communicable disease,
every law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 shall provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.
13519. (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; 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.
13519.05. (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.
13519.07. (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.
13519.1. (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.
13519.2. (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.
13519.3. (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.
13519.4. (a) The commission shall develop and disseminate
guidelines and training for all law enforcement 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 and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a racially and culturally diverse environment.
(b) The course of basic training for law enforcement officers
shall include adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial 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 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.
(d) The Legislature finds and declares as follows:
(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.
(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
(4) 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 law enforcement 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.
(e) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
(f) A law enforcement officer shall not engage in racial
profiling.
(g) Every law enforcement 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 utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling. In developing the training, the commission
shall consult with appropriate groups and individuals having an
interest and expertise in the field of racial profiling. The course
of instruction shall include, but not be limited to, adequate
consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
(i) Once the initial basic training is completed, each law
enforcement 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 and cultural trends.
(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies collecting such data submit it in the
requested manner. The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.
13519.5. 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.
13519.6. (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.
13519.64. (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.
13519.7. (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.
13519.8. (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 individ
13510. (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.
13510.1. (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.
13510.2. 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.
13510.3. (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.
13510.5. 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 California State Police Division, 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 Game, 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 Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Services, the Department
of Toxic Substances Control, the State Department of Social Services,
the State Department of Mental Health, the State Department of
Developmental Services, the State Department of Alcohol and Drug
Programs, 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.
13510.7. (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.
13511. (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.
13511.3. 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.
13511.5. 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.
13512. 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.
13513. 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.
13514. 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.
13514.1. (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.
(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.
13514.5. (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.
13515. (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.
(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 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.
13515.25. (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.
13515.35. (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.
13515.36. (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.
13515.55. 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.
13516. (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.
13517. (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.
13517.5. The commission shall prepare guidelines establishing
standard procedures which may be followed by police agencies and
prosecutors in interviewing minor witnesses.
13517.7. (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.
13518. (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.
13518.1. In order to prevent the spread of communicable disease,
every law enforcement agency employing peace officers described in
subdivision (a) of Section 13518 shall provide to each of these peace
officers an appropriate portable manual mask and airway assembly for
use when applying cardiopulmonary resuscitation.
13519. (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; 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.
13519.05. (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.
13519.07. (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.
13519.1. (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.
13519.2. (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.
13519.3. (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.
13519.4. (a) The commission shall develop and disseminate
guidelines and training for all law enforcement 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 and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a racially and culturally diverse environment.
(b) The course of basic training for law enforcement officers
shall include adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial 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 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.
(d) The Legislature finds and declares as follows:
(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.
(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
(4) 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 law enforcement 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.
(e) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
(f) A law enforcement officer shall not engage in racial
profiling.
(g) Every law enforcement 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 utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling. In developing the training, the commission
shall consult with appropriate groups and individuals having an
interest and expertise in the field of racial profiling. The course
of instruction shall include, but not be limited to, adequate
consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
(i) Once the initial basic training is completed, each law
enforcement 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 and cultural trends.
(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies collecting such data submit it in the
requested manner. The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.
13519.5. 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.
13519.6. (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.
13519.64. (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.
13519.7. (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.
13519.8. (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 individ
