October 2018 Report

POST Monthly Report

October 2018

DIRECTOR/COORDINATOR COURSE PRESENTED

On October 2 - 5, 2018, POST Basic Training Bureau presented the Academy Director/Coordinator Course in San Diego, CA. The course was attended by 29 students representing academies from throughout the state. This course provides newly-assigned Academy Directors and Coordinators with the requisite skills needed to manage and supervise Basic Academy operations. During the course, presenters and POST staff discussed several topics, which included academy management and supervision; budgeting; leadership, ethics and professionalism; instructional planning, quality, and resources; testing and remedial training requirements; legal issues; and safety protocols.

Questions regarding the Academy Director/Coordinator Course may be directed to Senior Law Enforcement Consultant Rosanne Richeal, Basic Training Bureau, at (916) 227-4260.

POST ATTENDS CALIFORNIA ASSOCIATION OF POLICE TRAINING OFFICERS (CAPTO)

On October 25, 2018, POST attended the Central Coast chapter of CAPTO for their annual training managers meeting at Hearst Castle. The group of training managers discussed training opportunities in the region, training trends, and recruitment strategies. POST provided an update on the Commission quarterly meeting that occurred this month and regional news.

Questions regarding the CAPTO meeting may be directed to Senior Consultant, Christine Ford at (916) 227-0472.

TRAINING PROGRAM SERVICES (TPS) CONDUCTS DE-ESCALATION CURRICULUM DEVELOPMENT WORKSHOP FOR REGULAR BASIC COURSE PILOT

On October 9-11, 2018, POST Training Program Services Bureau hosted a curriculum development workshop in San Diego, California. 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 with a foundation to apply these principles in all facets of their policing career. The second phase of the workshop is scheduled for November 13 and 14, 2018 at POST.

Questions regarding this workshop may be directed to Senior Law Enforcement Consultant Greg Kyritsis, Senior Law Enforcement Consultant Jim Katapodis, or Special Consultant Tamara Baarts, Training Program Services Bureau at (916) 227-7357.

EXECUTIVE DEVELOPMENT COURSE INSTRUCTOR DEVELOPMENT WORKSHOP

On October 8, 2018, Training Program Services Bureau held an Instructor Development Workshop in Garden Grove for POST Executive Development Course instructors. The workshop was facilitated by Sgt. Russ Norris from the Concord Police Department. Sgt. Russ, an expert in instructional design and facilitating adult learning, holds a Doctorate in Education. His doctoral dissertation was “Training for Community Policing: Constructing Effective Police Education.” Attendees had the opportunity to explore many aspects of student-centered learning and the power of good facilitation skills. The take-aways included harnessing the power of storytelling, creating opportunities for the student to discover value in the topic, and bringing the real world into the classroom.

Questions regarding the Executive Development Course Instructor Development Workshop may be directed to Training Program Services Bureau Senior Consultant, Joe G. Sampson at (916) 227-3896.

TRAINING PROGRAM SERVICES (TPS) ATTENDS AN EXECUTIVE DEVELOPMENT COURSE TO EVALUATE THE CURRENT CURRICULUM AND TO CONSIDER INCLUSION OF PRINCIPLED POLICING IN THE TRAINING PROGRAM

On October 1-5, 2018, Training Program Services Bureau attended Session 18-1 of the Executive Development Course (EDC) to evaluate instructor and course content. The purpose of this evaluation was to examine options to further incorporate Principled Policing into executive level training and evaluate curriculum content and facilitation to determine if amendments are necessary to make the course more relevant and contemporary.

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

POST HOSTS DISTRICT ATTORNEY INVESTIGATOR TRANSITION COURSE WORKSHOP

On October 22 - 24, 2018, POST staff facilitated a curriculum development workshop at POST Headquarters. The purpose of the workshop was to complete the revision of the District Attorney Investigator Transition Course, recently modified by regulation from 80 hours to 40 hours. The workshop was attended by District Attorney Investigators, Chief Investigators, attorneys, and instructors and subject matter experts from 11 counties in California.

Attendees very diligently addressed student learning objectives, topical content, learning activities, and sequential delivery of the learning domains of the course. The focus was to ensure relevancy and contemporary application of the curriculum for peace officers transitioning from general law enforcement to the duties of a district attorney investigator. Tenets of procedural justice were also integrated to be consistent with one of the goals of POST’s strategic mission.

Questions regarding the District Attorney Investigator Transition Course may be directed to Training Program Services Bureau Senior Consultant, Charles Evans at (916) 227-3902 or Senior Consultant, Dan Toomey at (916) 969-6304.

POST STAFF ATTENDS 13TH ANNUAL WOMEN LEADERS IN LAW ENFORCEMENT (WLLE) CONFERENCE

On October 21 - 23, 2018, members of POST attended the 13th Annual Women Leaders in Law Enforcement (WLLE) Conference in Palm Springs. The purpose of the training symposium was to bring together law enforcement professionals in a supportive and empowering environment, enabling the participants to learn from the knowledge and experience of others. WLLE is a unique platform to network and connect with women and men who can help you succeed in your future endeavors. The symposium's goal was to continue to provide dynamic, contemporary training presented by subject matter experts in their fields and designed to help develop both professional and sworn members of the law enforcement community. The 2018 symposium theme was “Be Bold, Be Brave, Be You." With close to 900 attendees this year, the symposium provided excellent networking and training opportunities for all participants. Next year's symposium will be held in Santa Clara.

Questions regarding the WLLE Conference may be directed to Senior Consultant, Christine Ford at (916) 227-0472.

TRAINING PROGRAM SERVICES (TPS) ATTENDS LOS ANGELES COUNTY SHERIFF’S DEPARTMENT (LASD) R.O.A.R.: A LAW ENFORCEMENT ROADMAP TO FIELD DYNAMICS AND DECISION MAKING DEVELOPED BY DR. PIERO D’INGILLO AND DR. JENNIFER HUNT, PSYCHOLOGICAL SERVICES BUREAU

On October 23, 2018, TPS attended a portion of a four-day course on R.O.A.R. The segment attended by TPS personnel focused on de-escalation, suicide, and officer suicide. Dr. Piero D’Ingillo and Dr. Jennifer Hunt, LASD Psychological Services Bureau, designed the four-day R.O.A.R. training to provide guidance to officers and deputies on the use of de-escalation in any crisis or situation. This 32-hour training also acknowledges the importance of officer wellness and resiliency.

“The R.O.A.R. roadmap is provided to deputies during patrol training and/or in the early career phase to provide a context and means to process information while LEOs continue to develop their own understanding of the complex functions of law enforcement response.”

For more information regarding R.O.A.R, please contact Special Consultant, Tamara Baarts at (916) 215-1595.

TRAINING PROGRAM SERVICES (TPS) CONDUCTS PRINCIPLED POLICING CURRICULUM REVIEW AND DEVELOPMENT WORKSHOP FOR REGULAR BASIC COURSE PILOT

On September 4 - 5, 2018, POST Training Program Services Bureau hosted a curriculum review and development workshop in San Diego, California. The work group was comprised of subject matter experts in Principled Policing and Curriculum Development. A follow-up workshop will include a diverse group of community representatives, to ensure the resulting training will be relevant, contemporary, and provide new officers with a foundation to apply these principles in all facets of their policing career. The second workshop is scheduled for November 14 - 15, 2018 in San Diego.

Questions regarding this workshop may be directed to Training Program Services Bureau Special Consultant, Rob Patrick, Training Program Services Bureau, at (916) 227-7357.

MEET THE NEW POST EMPLOYEES

Mike Radford
Law Enforcement Consultant II
Training Program Services

Mike joined POST on October 29, 2018 as a Law Enforcement Consultant II in the Training Program Services Bureau. Mike recently retired from the Stanislaus County Sheriff’s Department with 24 years of service, where he served as Investigation Division Commander, Chief of Waterford Police Services and was an instructor for the San Joaquin Delta Academy, Sheriff’s Regional Training Center, and Alameda Sheriff Police Academy.

Mike was a member of the departments SWAT team for 19 years and is a proud graduate of the FBI National Academy session #261.

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