November 2018 Report

POST Monthly Report

November 2018

POST STAFF PRESENTS AT BACKGROUND INVESTIGATOR ANNUAL TRAINING CONFERENCES

POST staff presented at the California Association of Law Enforcement Background Investigators (CALEBI) and the California Background Investigators’ Association (CBIA) annual training conferences. Personnel Selection Consultant Melani Singley provided updates on POST selection standards, revisions to the background investigation manual and personal history statement forms, and related laws. Regional Consultants Marty Picone and Christine Ford provided information on common compliance issues and POST requirements and guidance in preparing background files. The conferences were attended by new and veteran background investigators representing numerous agencies throughout California. Both conferences were POST-certified, thus affording CPT credit to those in attendance.

Questions regarding the training conferences may be directed to Melani Singley, Personnel Selection Consultant, at (916) 227-4258.

POST ATTENDS CA LAW ENFORCEMENT ASSOCIATION OF RECORDS SUPERVISORS SEMINAR

On November 13, 2018, representatives from POST Training Programs and Services (TPS) Bureau and POST Learning Technology Resources (LTR) Bureau presented during the keynote address for the California Law Enforcement Association of Records Supervisors (CLEARS) annual Training and Technology Seminar in Carlsbad, California. Attendees represented law enforcement organizations throughout the state of California, as well as attendees from agencies in other western states.

The staff from POST presented on leadership development and succession planning for civilian staff, as well as reviewing the online training resources that POST provides to assist with career development for records managers, supervisors, dispatch supervisors, and civilian support services managers.

Questions regarding the CLEARS annual Training and Technology Seminar may be directed to Joe Sampson at (916) 227-3896.

DISPATCHER’S ROLE IN ENVIRONMENTAL CRIMES PILOT COURSE

On November 16, 2018, POST hosted two pilot sessions of the 4-hour Dispatcher’s Role in Environmental Crimes Course. This course is designed to provide students with the knowledge and skills to recognize and correctly respond to reports of environmental crimes. Topics included laws and regulations, types of calls, appropriate handling of calls, and lessons learned. This course is available as a total training package to download from the Learning Portal. An agency or presenter may certify the course for continued professional training (CPT) credit. Questions or comments regarding the course may be directed to Special Consultant Rosanna McKinney, Training Program Services Bureau, or Special Consultant Virginia Tomek, Training Program Services Bureau at (916) 227-4828.

ASSESSMENT OF LETHALITY OR SIGNS OF LETHAL VIOLENCE IN DOMESTIC VIOLENCE SITUATIONS

In mid-October 2018, due to the law change of Section 13519 of the Penal Code and the addition of Senate Bill 1331, POST began working on a Domestic Violence Lethality Risk Assessment with subject matter experts throughout the state. Existing law (Section 13519 of the Penal Code) requires POST 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 incidents. SB 1331 compliments existing law and became effective January 1, 2019. It requires the domestic violence response training to include procedures and techniques for assessing lethality or signs of lethal violence in domestic violence situations.

POST has developed a Domestic Violence Lethality Assessment, and encourages law enforcement agencies to have their first responders administer the assessment to all victims of domestic violence, to assess the level of danger and/or the severity of the situation. Law enforcement personnel or victim advocates should use their judgement to interpret the information which the victim communicates to provide appropriate resources or other assistance.

Questions regarding the lethality assessment may be directed to Senior Law Enforcement Consultant Drew Wyant at (916) 227-3926.

MANAGEMENT CONSULTING PROJECTS BUREAU (MCPB) CONDUCTS WORKSHOPS TO UPDATE POST’S HATE CRIMES GUIDELINE POLICIES

On October 16 - 18, 2018, Management Counseling Projects Bureau (MCPB) hosted the first of two scheduled Hate Crimes Guideline update workshops in Garden Grove, California. The workgroup was comprised of subject matter experts and a diverse group of community representatives, to ensure the update will be contemporary and provide all agencies with an exemplar Hate Crimes Policy in accordance with Penal Code §422.56. The final workshop is scheduled for March 12 - 14, 2019, in Anaheim, California.

Questions regarding this workshop may be directed to Senior Law Enforcement Consultants Andrew Mendonsa at (916) 227-2510, or Brad NewMyer at (916) 227-3893.

UPDATE OF THE POST GUIDELINES FOR STUDENT SAFETY IN CERTIFIED COURSES

The POST Guidelines for Student Safety in Certified Courses were last revised in 2007. They include general safety rules and topic specific guidelines for 22 separate instructional domains. The guidelines serve to heighten safety awareness and provide guidance when designing and presenting courses involving manipulative skills training. The goal is to reduce or prevent reasonably foreseeable injuries, while still providing an optimal training experience. The Management Consulting Projects Bureau (MCPB) is nearing completion of a comprehensive review and update of these guidelines. This updated version, which has included Unmanned Aerial Vehicles (UAV) training as a new topic, is anticipated to be released sometime in the first quarter of 2019.

Questions regarding the POST Guidelines for Student Safety in Certified Courses may be directed to Senior Law Enforcement Consultant Robert “R.C.” Smith at (916) 227-4864.

POST RELEASES INTERVIEW AND INTERROGATION TRAINING VIDEO

POST has released its newest training video, “Interview and Interrogation.” The goal of the training video is to increase an officers' effectiveness in preparing, completing, and reporting the circumstances under which various information is obtained. Designed to provide law enforcement with confidence in applying relevant case law for interview and interrogation of criminal suspects, the program provides specific information on how to better conduct and document interviews and interrogations, highlights the laws governing the interviews and interrogations of adults and juveniles, and outlines the overall importance of interviews and interrogations to the investigative team. Featured segments include focus on legal considerations, rapport building, strategies, and techniques for interviews and interrogations.

The DVD-ROM video program offers group or individual trainee viewing modes and includes printable instructor and trainee documents for either group-facilitated or individual instruction. The DVD was mass-mailed statewide in late November to training managers and training departments at law enforcement agencies in the POST Program. Additional DVD copies may be ordered online using the POST Video Catalog.

For more information about the training video, contact Larry Ellsworth at (916) 227-2820.

POST CONDUCTS DE-ESCALATION CURRICULUM DEVELOPMENT WORKSHOP FOR REGULAR BASIC COURSE PILOT

On November 13-14, 2018, Training Program Services Bureau hosted a curriculum development workshop at POST. The work-group was comprised of subject matter experts and a diverse group of community representatives to ensure the resulting training will be relevant, contemporary, and provide new officers a foundation to apply these principles in all facets of their policing career. The draft curriculum developed from this workshop will be presented by three basic academy pilot programs beginning in January of 2019. The pilot academy presenters are Santa Rosa Basic Academy, Allan Hancock Basic Academy and San Bernardino County Sheriff’s Basic Academy. POST staff will review these presentations and consult with the academy presenters as to whether this curriculum is meeting the needs of the de-escalation concept or if there is a better way to enhance the course. A follow-up meeting will be hosted by POST with the original curriculum development group to review the results of all three presentations, which could result in some modifications to the course.

Questions regarding the De-Escalation Curriculum Development workshop, may be directed to Senior Law Enforcement Consultant Jim Katapodis, Special Consultant Tamara Baarts, at (916) 227-7357, or SLEC Greg Kyritsis, SLEC Rosanne Richeal at (916) 227-4260.

POST HOSTS THE SOUTHERN CALIFORNIA PUBLIC SAFETY DISPATCH (PSD) ADVISORY COUNCIL MEETING

The Southern California PSD Advisory Council (PSDAC) held their annual meeting on November 13-14 in Garden Grove, CA. POST staff made presentations on dispatcher testing, Basic Dispatch Course, and upcoming Learning Portal training. Round table discussions included dispatcher CPT compliance, training needs, staffing issues, course development updates, and a research project update. The Council reviewed and updated the PSDAC’s strategic plan, completed the training needs assessment, and reviewed the training specifications for the Basic Dispatch Course. Questions or comments regarding the meeting may be directed to Special Consultant Rosanna McKinney, Training Program Services Bureau, or Special Consultant Virginia Tomek, Training Program Services Bureau, at (916) 227-4828.

POST PARTICIPATES IN NATIONAL LAW ENFORCEMENT SUMMIT FOR CRISIS INTERVENTION

In November 2018, Training Program Services Bureau attended the two-day “Course Corrections” summit sponsored by The Equitas Project and hosted by LAPD. This national law enforcement summit was designed to examine and discuss best practices for breaking the cycle of crisis intervention, moving toward addressing mental health issues (as opposed to mental illness), and public safety. Attendees discussed both national and international best practices and future possibilities for decriminalizing and destigmatizing individuals with mental health challenges and co-occurring disorders. A living document was started to capture these conversations and will continue to grow post-symposium as attendees continue their contributions. For more information on POST’s curriculum to address mental health issues, contact Bureau Chief Janna Munk at (916) 227-4829.

TRAINING PROGRAM SERVICES EVALUATES INCORPORATION OF PRINCIPLED POLICING IN EXECUTIVE DEVELOPMENT COURSE

On November 5-9, 2018, Training Program Services Bureau attended the Executive Development Course (EDC) to evaluate course content. The purpose of this evaluation was to examine options to further incorporate Principled Policing into executive level training, and evaluate curriculum content to determine if amendments are necessary to make the course more relevant and contemporary.

Questions regarding EDC may be directed to Joe Sampson, EDC Program Manager at (916) 227-3896. Questions regarding instructor and course content, may be directed to Tamara Baarts, Training Program Services Bureau, at (916) 215-1595. Questions regarding Principled Policing may be directed to Special Consultant Rob Patrick at (916) 227-7357.

MEET THE NEW POST EMPLOYEES

Stacy Lam
Associate Governmental Program Analyst
Administrative Services Bureau

Stacy joins us from the Department of Social Services where she served as the Position Control Analyst. Prior to being the Position Control Analyst, Stacy worked for the Department of Human Resources, Office of Civil Rights. Stacy is assigned to the Administrative Services Bureau.

George Vargas
Information Technology Associate
Computer Services Bureau

George Vargas joined POST on November 14, 2018. George is a member of the CSB Helpdesk Team and maintains the Commission’s IT assets. A majority of George’s experience has been in state government, including: desktop support, software testing, software administration and IT Procurement. George began his state career as a Student Assistant with the Department of Public Health (CDPH) and joined permanently as a Staff Services Analyst at the Department of Technology (CDT). Shortly before joining CDT, George graduated from Sacramento State University with a Bachelors in Mechanical Engineering. He has since gone back to school in order to earn his Masters in Computer Science.

Roxy Porter
Staff Services Analyst
Management Counseling Projects Bureau

Roxy Porter joined POST on November 15, 2018 as a Staff Services Analyst for the Management Counseling Projects Bureau. She comes to POST from the Impaired Driving Section at California Highway Patrol (CHP) Headquarters, Sacramento. Prior to CHP, Roxy held the position as Assistant to the Chief of Police at Department of State Hospitals, Napa.

Natalie Clark
Staff Services Analyst
Strategic Communications and Research Bureau

Natalie Clark joined POST on November 15, 2018 as a Staff Services Analyst in the Strategic Communications & Research Bureau, where she will be handling California Public Records Act requests and subpoenas. She comes to us from the California Department of Justice headquarters where she was a Legal Secretary. Prior to state service, Natalie worked as a Litigation Secretary in the following types of law: employment law defense (defending law enforcement), plaintiff’s catastrophic personal injury, and workers’ compensation defense. She is also currently in school for her degree in Criminal Justice.

Cheryl Yasui
Office Technician
Basic Training Bureau

Cheryl comes to POST from California State Prison-Solano where she worked in the Education Department and supervised 13 inmates and was support staff to over 40 teachers, coaches, librarians, and principals.

After graduating from court reporting school, Cheryl did closed captioning for deaf students in colleges and universities throughout California.

LEGISLATIVE UPDATE – STATUS OF CURRENT LEGISLATION

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

View a detailed report on legislative matters pertaining to law enforcement not assigned to POST.

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 third reading

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 suspense file

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 suspense file

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 7/18/2018; 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) suspense file

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 suspense file

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