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POST Monthly Report

August 2023

Keeping you up to date on POST projects

Training Managers Course Presented in Rohnert Park

On August 1-3, 2023, students attended the 24-hour Training Managers Course presented by Santa Rosa Jr. College Public Safety Training Center. The course is designed for newly assigned training managers. Topics included developing a training plan, liability issues, and management of training records. Additionally, POST staff presented information on the POST website, Learning Portal, course certification, POST regulations, agency compliance inspections, and POST resources.

The next presentation of the course is scheduled for November 7-9. 

Questions about the course may be directed to Karen Lozito, Law Enforcement Consultant with the Training Delivery and Compliance Bureau, at (916) 214-8370.
 

 

POST Hosts Recruit Training Officer Course in Folsom

On August 1-4, 2023, the Basic Training Bureau (BTB) facilitated a 24-hour Recruit Training Officer (RTO) Course for Basic Course Presenters. POST Regulation requires all full-time RTOs to complete this course within one year of their appointment to their respective academies.
 
The RTO Course was facilitated in Folsom and included instruction on the roles and responsibilities of the RTOs; legislative mandates, Commission Regulations and Commission Procedures; testing protocols and remedial training requirements; liability and ethics; communication, counseling and evaluations; physical training requirements; and special training issues. 

For more information regarding the RTO course, please contact Mario Moreno, Law Enforcement Consultant with the Basic Training Bureau, at (916) 227-4895.
 

POST Host Recruit Training Officers

POST Hosts Its Inaugural Workshop and Facilitation Course

Under the direction of Master Instructor Jennifer Dwyer, 23 staff members completed the first workshop and facilitation training course of its kind at POST. The training took place July 26-27, and August 9, and covered essentials such as:

  • Administrative preparation requirements for POST workshops/courses
  • Lesson plan development
  • Instruction and facilitation of learning activities to supplement a lesson
  • Team building
  • Adult learning concepts and styles

Instruction concluded with students facilitating their own topic of instruction and learning activity for the group. With the success of the training course, POST plans to implement this training for staff in the future.

Questions about the workshop may be directed to Jennifer Dwyer, Staff Services Manager with the Management Counseling and Projects Bureau, at (916) 227-0477.
 

POST staff participate in inagural workshop

BTB Conducts Penal Code 832 Arrest and Firearms Basic Course Certification Review

BTB recently conducted a Penal Code (PC) 832 Arrest and PC 832 Firearms Basic Course Certification Review (BCCR) with the Fresno County Sheriff’s Department. 

The BCCR ensures the quality, integrity, and safety of entry-level peace officer training in California. POST ensures all certified PC 832 Basic Course presenters are in compliance with Penal and Government Codes related to POST, Commission Regulations, Commission Procedures, and the Training and Testing Specifications.

For more information regarding the BCCR process, please contact Brandon Kiely, Law Enforcement Consultant with the Basic Training Bureau, at (916) 227-6498.
 

PC 832 BCCR Firearms Instruction at Fresno County Sheriff's Department

Learning Portal is Back Online

POST is pleased to announce that the new and improved Learning Portal is back online as of Tuesday, August 15, 2023. To access the Learning Portal, all users must have a PASS account to sign in. 

To log on please follow the below instructions: 

  • Go to https://lp.post.ca.gov
  • Click “Sign in with POST PASS” 
  • You will see the PASS sign-in prompt 
    • If you do not have a PASS account, click “Create Account,” and follow the prompts 
    • If you do have a PASS account, sign in with your account email and password 

After signing in, you will be able to view tutorials that highlight the new Learning Portal’s features, functions, and course environment. 

The following courses and resources are available as of August 15, 2023: 

  • Hate Crimes: Identification and Investigation 
  • De-escalation: Enhancing Strategies for Everyday Encounters 
  • Human Trafficking 
  • Elder and Dependent Abuse 

Additional courses will be released within the next few weeks, and all courses listed in the POST Multimedia Course Catalog will eventually be available. 

For more information, Learning Portal tutorials, a course release schedule, and a list of frequently asked questions, please visit the Learning Portal Status page. 

Questions regarding this project may be directed to Catherine Bacon-Davis, Instructional Designer with the Learning Technology Resources Bureau. For technical support, please contact POST Portal Support.
 

Meet the New POST Employees

Stacy Slade
Office Technician (Typing)
Administrative Services Bureau

Stacy Slade

Stacy comes to us from a private dental office where she served as an Office Manager. Prior to that, Stacy worked for Delta Dental of California where she started as a Claims Processor for state government programs and worked her way up to Operations Specialist. Stacy is assigned as the Office Technician in the Administrative Services Bureau.

Brad Ehrman
Law Enforcement Consultant I (Retired Annuitant)
Professional Conduct II Bureau

Brad Ehrman

Brad is newly retired from state service, he has spent the last 29 years working in Law Enforcement. Brad comes to us from the California Department of Justice, where he was a Special Agent Supervisor in the Bureau of Firearms. Prior to that, he worked for the Department of Motor Vehicles as an investigator and with the California Department of Corrections and Rehabilitation as a Correctional Officer.

Recently Approved Rulemaking Files

Quarter 4 Effective Dates

The following is a list of recently approved rulemaking files proposed by the Commission on POST. The Office of Administrative Law reviews these rulemaking files to ensure compliance with the Administrative Procedures Act.

View all Commission on POST Regulatory Actions.

  • Amend Training and Testing Specifications for Peace Officer Basic Courses 
    Commission Regulations 1005 and 1007
    Approved August 22, 2023
    Effective October 1, 2023
    OAL Notice of Approval and Approved Text (pdf)

Additional information regarding the Commission Regulation changes can be obtained by contacting the Regulations Analyst at (916) 227-4894.

Legislative Update

Status of Current Legislation

The following is a list of the legislation POST is monitoring for the 2023-24 legislative session. This is not a complete list of legislation that could affect law enforcement.  This list is updated monthly. (Updated 6/26/2023)

Bill # and Author Title and Summary Status of Bill

AB 21

Assembly Member Gipson

Peace officers: training

Current law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Current law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer’s disease or dementia.

Introduced: 12/6/2022

5/19/2023-A. 2 YEAR

AB 44

Assembly Member Ramos

California Law Enforcement Telecommunications System: tribal police

Current law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state. Current law also establishes a CLETS advisory committee, appointed by the Attorney General, to assist in the management of the system, as specified. This bill would require the department to grant access to the system to the law enforcement agency of a federally recognized Indian tribe meeting certain qualifications, as specified.

Last Amend:  6/14/2023

Status: 5/31/2023-S. PUB. S.

AB 93

Assembly Member Bryan

Criminal procedure: consensual searches

Would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person’s consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.

Last Amend: 5/30/2023

Status: 6/2/2023-A. 2 YEAR

AB 330

Assembly Member Dixon

 Domestic violence: victim’s information card.

Current law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers. This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence. This bill would make these changes operative on January 1, 2025. Because this bill would expand an existing local program, it would impose a state-mandated local program.

Last Amend: 2/28/2023

Status: 5/19/2023-A. 2 YEAR

AB 355

Assembly Member Alanis

Firearms: assault weapons: exception for peace officer training

Current law requires the loan of a firearm to be processed through a licensed firearm dealer. Current law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. Current law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Current law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified. Current law prohibits the sale, transfer, or possession of an assault weapon, as specified. Current law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified. This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, while engaged in firearms training and being supervised by a firearms instructor.

Last Amend: 6/19/2023

Status: 6/14/2023-S. PUB. S.

AB 390

Assembly Member Henry

Commission on Peace Officers Standards and Training: assessment of training requirements.

Would require the Commission on Peace Officer Standards and Training to perform specified duties, including, among other things, partnering with academic researchers to conduct an assessment of existing officer training requirements and determining how well the current officer training requirements are working for officers in the field. The bill would require the commission to report its findings to the Legislature by January 1, 2026.

Introduced: 2/2/2023

Status: 5/19/2023-A. 2 YEAR

AB 443

Assembly Member Jackson

Peace officers: determination of bias. 

Current law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer. This bill would, commencing January 1, 2026, require the Commission on Peace Officer Standards and Training (POST) to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.

Introduced: 2/6/2023

Status: 6/14/2023-S. PUB. S.

AB 449

Assembly Member Ting

Hate crimes: law enforcement policies

Would make adoption of a hate crimes policy by a local law enforcement agency mandatory. The bill would require those policies to include the supplemental hate crime report in the model policy framework developed by the commission and a schedule of hate crime or related trainings the agency conducts. By imposing requirements on local agencies, this bill would impose a state-mandated local program.

Last Amend: 5/18/2023

Status:6/7/2023-S. PUB. S.

AB 642

Assembly Member Ting

Law enforcement agencies: facial recognition technology

Would, commencing July 1, 2024, require any law enforcement agency, as defined, that uses facial recognition technology (FRT), as defined, to have a written policy governing the use of that technology. The bill would require any FRT system used to meet certain national standards and would limit the use of FRT to use as an investigative aid, as described. The bill would specifically prohibit the use of any FRT-generated match from being the sole basis for probable cause in an arrest, search, or warrant. The bill would also require an agency using FRT to post their written policy and an annual summary of FRT usage, as specified, on their internet website.

Last Amend: 5/1/2023

Status: 5/19/2023-A. 2 YEAR

AB 667

Assembly Member Maienschein

Firearms: gun violence restraining orders

Current law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Current law makes it a crime to own or possess a firearm in violation of a gun violence restraining order. This bill would increase the renewal period to a maximum of 10 years, instead of 5, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

Introduced: 2/13/2023

Status: 4/28/2023-A. 2 YEAR

AB 725

Assembly Member Lowenthal

Firearms: reporting of lost and stolen firearms

Current law requires a person to report any lost or stolen firearm to a law enforcement agency, as specified. A violation of this provision is punishable as an infraction or misdemeanor. Current law also requires the sheriff or chief of the law enforcement agency receiving such a report to enter a description of the lost or stolen firearm into the Department of Justice Automated Firearms System. Current law defines a firearm for purposes of these provisions. This bill would amend how a firearm is defined for purposes of these provisions to include the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part.

Introduced: 2/13/2023

Status: 6/20/2023-S. APPR.

AB 742

Assembly Member Jackson

Law enforcement: police canines

Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person unless the person is being pursued for a felony that threatened or resulted in the death of or serious bodily injury to another person and the person poses an imminent danger of death or serious bodily injury to the officer or to another person and any use of a police canine for crowd control. The bill would prohibit a police canine from being used to bite unless there is an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used. The bill would attribute the death of or serious bodily injury to a person caused by a police canine to the canine‘s handler as constituting deadly force. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.

Last Amend: 5/18/2023

Status: 6/2/2023-A. 2 YEAR

AB 750

Assembly Member Rodriguez

Menace to public health: closure by law enforcement

 Current law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, and makes it a misdemeanor for a person to enter an area closed by law enforcement for this purpose. This bill specifies that a duly authorized representative of a news service, newspaper, or radio or television station or network is not authorized to transport, facilitate the entry, or facilitate the transport of a person into an area closed as specified, if that person is not a duly authorized representative of a news service, newspaper, or radio or television station or network.

Last Amend: 4/6/2023

Status: 6/23/2023-A. ENROLLED

AB 797

Assembly Member Weber

Local government: police review boards

Current law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Current law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death.

Last Amend: 3/23/2023

Status: 4/28/2023-A. 2 YEAR

AB 856

Assembly Member Nguyen, Stephanie

Peace officers: active shooter and rescue training

Would establish the Statewide Active Shooter and Student Rescue Training Facility for purposes of training sheriff’s departments, municipal police departments, school law enforcement agencies, statewide law enforcement agencies, municipal emergency medical and fire personnel, and school educators and personnel from across the state for preparedness training for active shooter situations at school facilities, as specified. The bill would require the training facility to be located at the Sacramento County Sheriff Department’s Kenneth Royal Range Facility and managed by the Sacramento County Sheriff’s Department. The bill would require training to be conducted by law enforcement officers employed or under contract with the Sacramento County Sheriff’s Department and other regional experts with whom the Sacramento County Sheriff’s Department has entered into a memorandum of understanding. The bill would require all training to be consistent with current Sacramento County Sheriff’s Department policies and adhere to training standards developed by the Commission on Peace Officer Standards and Training.

Last Amend: 3/9/2023

Status: 4/28/2023-A. 2 YEAR

AB 994

Assembly Member Jackson

Law enforcement: social media

Current law prohibits a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime, as defined, unless specified circumstances exist. Current law requires a police department or sheriff’s office that shares, on social media, a booking photo of an individual arrested for the suspected commission of a nonviolent crime to remove the information from its social media page, upon request, unless the same specified circumstances exist. Current law also requires a police department or sheriff’s office to remove the booking photo of a person who has committed any other crime from social media if the individual’s record has been sealed, the individual’s conviction has been dismissed, expunged, pardoned, or eradicated, the individual has been issued a certificate of rehabilitation, the individual is found not guilty of committing the crime for which they were arrested, or the individual was ultimately not charged with the crime or the charges were dismissed. With respect to an individual who has been arrested for any crime, this bill would require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances.

Last Amend: 5/2/2023

Status:  6/20/2023-S. JUD.

AB 1133

Assembly Member Schiavo

Firearms: concealed carry licenses

Current law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Current law requires the course of training to be no less than 8 hours, include instruction on firearm handling and shooting technique, as specified, and to include live-fire exercises conducted on a firing range. Current law provides that, for license renewal applicants, the course of training may be any course acceptable to the licensing authority, must be no less than 4 hours, and must meet the above-described requirements. This bill would remove the requirement that the course of training be any course acceptable to the licensing authority, and instead require the Department of Justice to develop, evaluate, update, maintain, and publish a standardized curricula for a license to carry a concealed firearm. The bill would require the department to create a standardized test, as specified, and to make that test available on a web portal. The bill would require an applicant to submit proof of passing that examination as part of an application to carry a concealed firearm.

Last Amend: 4/13/2023

Status: 6/7/2023-S. PUB. S.

AB 1291

Assembly Member McCarty

Law enforcement settlements and judgments: reporting

Would require municipalities, as defined, to annually post on their internet websites specified information relating to settlements and judgments of $50,000 or more resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would also require municipalities to annually post additional information pertaining to settlements and judgments, as specified, irrespective of the amount paid. By increasing requirements for local governments, this bill would impose a state-mandated local program.

Last Amend: 4/3/2023

Status: 6/20/2023-S. GOV. & F.

AB 1299

Assembly Member Jackson

School safety: school resource officers: school police officers: school safety plans

Current law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and employ peace officers to ensure the safety of school district personnel and pupils, as provided. This bill would require a peace officer, including a school resource officer, or any other law enforcement official acting as a school resource officer, employed by the governing board of a school district to report directly to the principal of the school while on the school campus, except as provided.

Last Amend: 3/30/2023

Status:  4/28/2023-A. 2 YEAR

SB 50

Senator Bradford

Vehicles: enforcement.

 Under current law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code. Current case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under current case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Current case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred. This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.

Last Amend: 5/18/2023

Status: 6/15/2023-A. PUB. S.

SB 449

Senator Bradford

 Peace officers: Peace Officer Standards Accountability Advisory Board

Current law defines “certification” as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine “certification” to mean any and all valid and unexpired certificates issued by the commission, as specified. This bill contains other related provisions and other existing laws.

Last Amend: 6/22/2023

Status: 6/15/2023-A. PUB. S.

SB 852

Senator Rubio

Searches: supervised persons

Current law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation. Current law authorizes the conditions of probation to include a waiver of the person’s right to refuse searches. This bill would clarify that a search of a person who is granted probation and subject to search or seizure must be performed only by a probation officer or other peace officer.

Last Amend: 6/7/2023

Status: 6/14/2023-A. THIRD READING

 

 

The POST Monthly Report is a monthly status report that informs POST Commissioners and the California law enforcement community of recent progress on POST projects and instructional programs under development, and other information of importance to our mission to continually enhance the professionalism of California law enforcement.

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