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POST Monthly Report

 

June 2018

POST ATTENDS BASIC ACADEMY GRADUATION AT LOS ANGELES POLICE DEPARTMENT

On June 8, 2018, POST attended the Graduation Ceremony for Recruit Officer Class 12-2017 for the Los Angeles Police Department. The ceremony was held at the Los Angeles Police Academy at Elysian Park.  Recruit training is rigorous, demanding and exhausting.  It is also a rewarding life-changing experience.  New officers learn how much they are capable of by succeeding at seemingly impossible challenges, both physical and mental. This was Chief Charlie Beck’s last commencement address before he retired and handed the baton over to Chief Michel Moore.

Questions regarding the Basic Academy Graduation may be directed to Senior Consultant Mike Barnes, at (916) 227-3454.

LAPD Basic Academy GraduationLAPD Basic Academy Graduation

 

 

 

 

 

 

 

 

 

POST PRESENTS PILOT TRAINING COORDINATOR COURSE

On June 18-20, 2018, POST presented a 16-hour course at the Alameda County Sheriff’s Regional Training Center.  The course is designed to teach a newly assigned training manager to learn the fundamentals of the job within a law enforcement organization. The course teaches students the training manager’s role, POST website and resources, POST training and background compliance, legal issues associated with training, mandatory and legislative mandates, Electronic Data Interchange (EDI), and processes for course certification.

This course is a pilot course to combine the main training topics in the POST Training Manager’s Course and the POST Training Administrators Course into one.  An additional pilot course will be presented in Riverside.  At the conclusion, the pilot will be evaluated for future presentations throughout the state.

Questions regarding the Pilot Training Coordinator Course may be directed to Senior Consultant Christine Ford, Training Delivery and Compliance Bureau, at (916) 227-0472.

POST WINS 2018 EMMY AWARD FOR FENTANYL AWARENESS VIDEO

California POST and its video production vendor, Digital Outpost, received an Emmy Award for the Fentanyl Awareness Did You Know? video at the June 2018 National Association of Television Arts and Sciences (NATAS) regional awards ceremony in San Diego.

The video alerts officers to the significant threat that fentanyl poses to law enforcement personnel who may come in contact through routine law enforcement or emergency activities.  The video shows how exposure to a very small amount of fentanyl may harm officers and coworkers while on duty, or may spread to family or others when off duty.  A resource webpage dedicated to fentanyl exposure risks and additional training is also available at the POST Website.

The video is available to view or download at the POST Website or on the POST Learning Portal.

Questions regarding the Fentanyl Awareness video or any other POST video training program may be directed to Bureau Chief Larry Ellsworth, Learning Technology Resources Bureau, at (916) 227-2820.

TRAINING MANAGERS COURSE PRESENTED IN WINDSOR

On June 12-14, 2018, 29 students attended the Training Managers Course presented by Santa Rosa Junior 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, the Learning Portal and training videos, course certification, POST regulations, and agency compliance inspections.

Please contact Santa Rosa Junior College Public Safety Training Center at (707) 836-2912 to register for the next course, which is scheduled for August 28-30, 2018.

Questions regarding the Training Managers Course may be directed to Senior Consultant Karen Lozito, Training Delivery and Compliance Bureau, at (916) 227-0471.

MEET THE NEW POST EMPLOYEES

Kenneth MeissKenneth Meiss, Staff Services Analyst
Administrative Services Bureau

Kenneth comes to POST from the Department of Consumer Affairs (DCA), under the Medical Board of California where he was a Probation Monitor/Inspector.  He earned his Bachelor’s Degree in Social Science, with a concentration in Ethnic Studies, from the California State University, Sacramento.  Kenneth is now a Staff Services Analyst in the Administrative Services Bureau.

Nick MuyoNick Muyo, Retired Annuitant
Law Enforcement Consultant I
Learning Technology Resources Bureau

Nick comes to POST after a 37-year law enforcement career with Berkeley PD, San Jose PD, and the Santa Clara County District Attorney’s (DA) Office.  His assignments included Special Weapons and Tactics, Field Training Officer, Sexual Assault Investigator, Internal Affairs Investigator, Night Detective, High Tech Task Force member, and service as a Public Information Officer at both SJPD and the DA’s Office.

LEGISLATIVE UPDATE – STATUS OF CURRENT LEGISLATION

The following is Legislation assigned to POST in the 2017-18 session and Legislation of interest to POST & Law Enforcement partners. Note: updates were made on 7/9/18.

Bill # and Author Title and Summary Status of Bill

AB 1888

Assembly Member Salas

Peace officers: basic training requirements. 

Existing law exempts a deputy sheriff employed by certain counties to perform custodial duties, as specified, from this training requirement as long as his or her assignments remain custodial related. Existing law requires these deputy sheriffs to complete the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state. Existing law, until January 1, 2019, exempts a deputy sheriff employed to perform custodial duties from having to retake the training course described above before being reassigned from custodial assignments to positions with responsibility for preventing and detecting crime and the general enforcement of the criminal laws of this state if he or she is continuously employed by the same department, maintains specified skills, and took the training course within the previous 5 years.
This bill would delete the repeal date of this provision, thereby extending the operation of this provision indefinitely.

 

 

Introduced date: 1/18/2018

Status: Approved by Governor 6/1/2018; Chapter 17

AB 2327

Assembly Member Quirk 

Peace officers: misconduct: employment.

This bill would require each department or agency in this state that employs peace officers to make and retain a record of any investigations of misconduct involving a peace officer in his or her general personnel file or separate file designated by the department or agency. The bill would require a peace officer seeking employment with a department or agency to give written permission for the hiring department or agency to view his or her general personnel file or separate file. Because this bill would increase the duties of local law enforcement agencies, it would impose a state-mandated local program.

Introduced Date: 2/13/2018

Status: Senate appropriations: suspense file.

AB 2349

Assembly Member
Chen

Humane officers: authorization to carry a wooden club or baton.

This bill would authorize a humane officer to carry a wooden club or baton, under specified terms and conditions, if he or she is authorized by his or her appointing society, and he or she has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The bill would also make other conforming changes.

Introduction Date: 2/13/2018      

Status: Approved by Governor 6/1/2018; Chapter 20

AB 2424

Assembly Member Lackey

Peace officers.

 

Existing law defines who is a peace officer and specifies the powers of peace officers. This bill would express the intent of the Legislature to enact legislation relating to peace officers.
 

 

Introduced date: 2/14/2018

Status: In Assembly

 

AB 2504

Assembly Member
Low

Peace officer training: sexual orientation and gender identity.

This bill would require the commission to develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would authorize law enforcement officers, administrators, executives, and dispatchers to participate in supplementary training that includes the topics, as specified, in that course of training.

Introduced Date: 2/14/2018

Status: Senate third reading

AB 2876

Assembly Member Jones-Sawyer

Vehicles: removal and impound authority.

Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officer’s criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officer’s community caretaking function, such as removing a vehicle to safeguard the vehicle’s contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic. This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation. The bill would additionally provide that removal of a vehicle is only reasonable if it is justified by preventing a hazard to other drivers, protecting the public from unsafe drivers, or preventing theft or vandalism. By limiting the circumstances under which a vehicle may be removed without first obtaining a warrant, the bill would impose a state-mandated local program.

Introduced Date: 2/16/2018

Status: Senate appropriations

AB 2992

Assembly Member Low

Peace officer training: commercially sexually exploited children.

This bill would require the commission to develop a course on commercially sexually exploited children (CSEC) and victims of human trafficking. The bill would require the course to include specified topics and components including, among others, recognizing indicators of commercial sexual exploitation, appropriate interviewing techniques, local and state resources available to first responders, and issues of stigma. The bill would require the course to be equitable to a course that the commission produces for officers as part of continuing professional training and include facilitated discussions and learning activities, including scenario training exercises. The bill would require the commission to develop the course in consultation with the appropriate community, local, and state organizations and with agencies that have expertise in CSEC and human trafficking and to include meaningful input from survivors.


Introduced Date: 2/16/2018

Status: Senate appropriations

SB 978

Senator Bradford

Law enforcement agencies: public records.

This bill would, commencing January 1, 2020, require the Commission on Peace Officer Standards and Training and each local law enforcement agency to conspicuously post on their Internet Web sites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act. By imposing this requirement on local law enforcement agencies, the bill would impose a state-mandated local program.

Introduced Date: 2/1/18

Status: Assembly appropriations

SB 1331

Senator Jackson

Peace officers: domestic violence training.

Existing law requires the Commission on Peace Officer Standards and Training to implement a training course for law enforcement officers in the handling of domestic violence complaints and to develop guidelines for officer response to domestic violence. Existing law requires the course to include instruction on specified procedures and techniques for responding to domestic violence, including, among others, the signs of domestic violence, and techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. This bill would require the course to include procedures and techniques for assessing lethality or signs of lethal violence in domestic violence situations.

Introduced Date: 2/16/2018

Status: Approved by Governor 7/18/18; Chapter 137

  Legislation of interest to POST and Law Enforcement Partners  

AB 931

Assembly Members Weber and McCarthy

Criminal procedure: use of force by peace officers.

Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law does not require an officer to retreat or desist from an attempt to make an arrest because of resistance or threatened resistance of the person being arrested.

This bill would, notwithstanding that provision, require peace officers to attempt to control an incident by using time, distance, communications, and available resources in an effort to deescalate a situation whenever it is safe and reasonable to do so.

Under existing law, the use of deadly force resulting in the death of a person is justified when it was necessarily committed in overcoming actual resistance to an arrest, when it was necessarily committed in apprehending a felon who had escaped from custody, or when it was necessarily committed in arresting a person charged with a felony and who was fleeing from justice or resisting arrest.

Existing case law prohibits the use of deadly force by a peace officer unless, among other criteria, there is a reasonable fear of death or serious bodily harm to the officer or another.

This bill would limit the use of deadly force, as defined, by a peace officer to those situations where it is necessary, as defined, to prevent imminent and serious bodily injury or death to the officer or to another person, as specified. The bill would prohibit the use of deadly force by a peace officer in a situation where an individual poses a risk only to himself or herself. The bill would also limit the use of deadly force by a peace officer against a person fleeing from arrest or imprisonment to only those situations in which the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving serious bodily injury or death, and there is an imminent risk of serious bodily injury or death to the officer or to another person if the subject is not immediately apprehended.

This bill would make a homicide committed by a peace officer justifiable only if the use of deadly force by a peace officer was consistent with the aforementioned provisions.

Under existing law, a homicide is justified when a person is acting in self defense self-defense or defense of another, as specified.

The bill would make this defense unavailable to an officer charged with manslaughter whose actions were such a departure from the expected conduct of an ordinarily prudent or careful officer in the same circumstances as to be incompatible with a proper regard for human life.

Introduced Date: 2/16/2018

Status: Senate appropriations (as amended 6/26/18)

SB 1421

Senator Skinner

Peace officers: release of records.

This bill would require, notwithstanding any other law, certain peace officer or custodial officer personnel records and records relating to specified incidents, complaints, and investigations involving peace officers and custodial officers to be made available for public inspection pursuant to the California Public Records Act. The bill would provide that this information includes, but is not limited to, the framing allegation or complaint, any facts or evidence collected or considered, and any findings or recommended findings, discipline, or corrective action taken. The bill would require records disclosed pursuant to this provision to be redacted only to remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace officers and custodial officers, to preserve the anonymity of complainants and witnesses, or to protect confidential medical, financial, or other information in which disclosure would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct by peace officers and custodial officers, or where there is a specific, particularized reason to believe that disclosure would pose a significant danger to the physical safety of the peace officer, custodial officer, or others. The bill would allow the delay of disclosure, as specified, for records relating to an open investigation or court proceeding, subject to certain limitations.

Introduced Date: 2/16/2018

Status: Assembly appropriations

ACR 149

Assembly Member Choi

Relative to the Officer and Medal of Valor Recipient Waldron G. Karp Memorial Highway.

This measure would designate a specified portion of Interstate 5 in the City of Tustin as the Officer and Medal of Valor Recipient Waldron G. Karp Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering the cost, to erect those signs.

Introduced Date: 1/9/2018

Status: Senate appropriations

ACR 169

Assembly Member Mathis

Deputy Sheriff Scott Ballantyne and Sheriff’s Pilot James Chavez Memorial Highway.

This measure would designate a specified portion of California State Highway Route 190 in the County of Tulare as the Deputy Sheriff Scott Ballantyne and Sheriff’s Pilot James Chavez Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing that special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 1/31/2018

Status: Senate transportation & housing

ACR 179

Assembly Member Flora

Relative to the Deputy Sheriff Robert “Bob” Paris, Jr., Memorial Highway.

This measure would designate a specified portion of State Highway Route 88 between Comstock Road and East Harney Lane in the County of San Joaquin as the Deputy Sheriff Robert “Bob” Paris, Jr., Memorial Highway. This measure would request the Department of Transportation to determine the costs of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, to erect those signs.

Introduced Date: 2/20/2018

Status: Senate appropriations

ACR 181

Assembly Member Flora

 

 

Relative to Deputy Sheriff Dennis Wallace Memorial Highway.

This measure would designate a specified portion of State Highway Route 132 in the County of Stanislaus as the Deputy Sheriff Dennis Wallace Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 2/22/2018

Status: Senate appropriations

ACR 212

Assembly Member Kiley (Coauthors: Assembly Members Cooley and Cooper) (Coauthor: Senator Gaines)

Relative to the Deputy Sheriff Robert “Bobby” French Memorial Highway.

This measure would designate a specified portion of State Highway Route 50 in the County of El Dorado as the Deputy Sheriff Robert “Bobby” French Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 4/3/2018

Status: Senate appropriations

ACR 214

Assembly Member Thurmond

Relative to the Los Angeles County Sheriff’s Deputy Didier M. Hurdle Memorial Highway.

This measure would designate a specified portion of Interstate 105 in the County of Los Angeles as the Los Angeles County Sheriff’s Deputy Didier M. Hurdle Memorial Highway. The measure would also request the Department of Transportation to determine the cost for appropriate signs showing this special designation and the badge of the Los Angeles County Sheriff’s Department and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 4/3/2018

Status: Senate appropriations

ACR 236

Assembly Members Rodriguez and Holden (Coauthor: Senator Leyva)

Relative to the Pomona Police Officer Greggory Casillas Memorial Highway. 

This measure would designate a specified portion of Interstate 10 in the Counties of Los Angeles and San Bernardino as the Pomona Police Officer Greggory Casillas Memorial Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 5/8/2018

Status: Senate appropriations

SCR 92

Senator McGuire

Relative to the Deputy Sheriff Robert Rumfelt Memorial Highway.

This measure would designate a specified portion of State Highway Route 29 in the County of Lake as the Deputy Sheriff Robert Rumfelt Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 1/25/2018

Status: Filed with Secretary of State 7/6/2018; Chapter 116

 

 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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