Amended
IN
Senate
September 03, 2021 |
Amended
IN
Senate
August 26, 2021 |
Amended
IN
Senate
July 15, 2021 |
Amended
IN
Assembly
February 17, 2021 |
Introduced by Assembly Member Jones-Sawyer (Principal coauthor: Assembly Member Gipson) (Principal coauthor: Senator Portantino) (Coauthors: Assembly Members Carrillo, Cristina Garcia, Lee, and Wicks) (Coauthor: Senator Wiener) |
December 07, 2020 |
This bill would require the certification program to also include peace officers employed by the state in agencies that participate in the POST program. The bill would require the commission to work collaboratively
with specified stakeholders to develop a list of courses to include as requirements for obtaining a basic certificate. The bill would require the commission to, in developing these courses, to, among other things, work with the California Community Colleges towards developing a full associate degree for transfer in modern policing, and would require the commission to report to the Legislature on that program on or before June 1, 2023. The bill would additionally require the commission, upon appropriation by the Legislature, to develop a program to provide financial support for a higher education degree for individuals pursuing a law enforcement career, and to establish a statewide print and radio media campaign for the purposes of bringing awareness to these programs.
This bill would, for specified peace officers, increase the minimum qualifying age from 18 to 21 years of age and would, on and after January 1, 2025, require those officers to complete the curriculum or degree program developed by the commission or to have a bachelor’s degree or other advanced degree from an accredited college or university, except as specified.
(1)Be at least 21 years of age.
(2)On an after January 1, 2025, complete one of the following education requirements:
(A)Have completed any of the Commission on Peace Officer Standards and Training’s curriculum or degree program, as established pursuant to subdivision (f) of Section 13510.1 of the Penal Code, prior to receiving their basic certificate.
(B)Have attained a bachelor’s degree or other advanced degree from an accredited college or university.
(b)The education requirements in paragraph (2) of
subdivision (a) shall not apply in the following circumstances if the individual is a high school graduate, has passed the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, or has passed the California High School Proficiency Examination:
(1)If the employing law enforcement agency has prolonged vacancies after having made a good faith effort to fill the vacancies. The Commission on Peace Officer Standards and Training shall develop the criteria for defining prolonged vacancy, and adjust that criteria as necessary over time.
(2)This section shall not apply to any person who, as of December 31,
2024, is currently enrolled in an academy or is employed as a peace officer by a public entity in California.
(a)The commission shall establish a certification program for peace officers, as specified in Sections 13510 and 13522, for the California Highway Patrol, and for any peace officer employed by the state in agencies that participate in the Peace Officer Standards and Training (POST) program. Certificates of the commission established pursuant to this section shall be considered professional certificates.
(b)Basic, intermediate, advanced, supervisory, management, and executive certificates shall be established for the purpose of fostering professionalization, education, and experience necessary to adequately accomplish the general police service
duties performed by peace officer members of municipal police departments, county sheriffs’ departments, districts, university and state university and college departments, state peace officers described in subdivision (a), or by the California Highway Patrol.
(c)(1)Certificates shall be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.
(2)In determining whether an applicant for certification has the requisite education, the commission shall recognize as acceptable college education only the following:
(A)Education provided by a community college, college, or university that has been accredited by the department of education
of the state in which the community college, college, or university is located or by a recognized national or regional accrediting body.
(B)Until January 1, 1998, educational courses or degrees provided by a nonaccredited but state-approved college that offers programs exclusively in criminal justice.
(d)Persons who are determined by the commission to be eligible peace officers may make application for the certificates, provided they are employed by an agency that participates in the POST program.
(e)The commission shall have the authority to cancel any certificate that has been obtained through misrepresentation or fraud or that was issued as the result of an administrative error on the part of the
commission or the employing agency.
(f)The commission shall work collaboratively with stakeholders from law enforcement, including representatives of law enforcement administration and law enforcement employees, the University of California, including faculty members specializing in courses described in paragraph (1), the California State University, including faculty members specializing in courses in paragraph (1), the California Community Colleges, including both administration and faculty, and community organizations to develop a list of courses to include as requirements for obtaining a basic certificate. The courses specified by the commission may be taken before, during, or after the completion of the regular basic course, but shall be completed before an individual may obtain a basic certificate and within the required two-year period pursuant
to Section 832.4. In developing these courses, POST and the collaborating stakeholders shall do all of the following:
(1)Focus on courses pertinent to law enforcement, which shall include, but are not limited to, psychology, communications, history, ethnic studies, law, and those determined to develop necessary critical thinking skills and emotional intelligence.
(2)Work with the California Community Colleges towards developing a full associate degree for transfer in modern policing through combining credits from POST course requirements and credits for attending the POST basic course. The California Community Colleges may develop this in stages by increasing total credits needed over
time.
(3)Include allowances for prior law enforcement experience, and, as determined by POST, appropriate work experience, postsecondary education experience, or military experience as specified in subparagraph (A), to satisfy a portion of the education requirements.
(A)Allowances for prior experience in this paragraph for those with military experience may be provided to those with military specializations pertinent to law enforcement, including those specializations in community relations, deescalation, foreign language translators, and those determined to require necessary critical thinking skills and emotional intelligence.
(B)Allowances for prior experience specified in this paragraph shall be granted
to those of good moral character, and shall not be granted to those with prior sustained disciplinary actions taken against them, except that POST may, after considering the severity of the sustained misconduct or violation, grant a partial allowance.
(4)(A)On or before June 1, 2023, report to the Legislature on the curriculum developed towards the associate degree for transfer.
(B)A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(a)The commission shall, upon appropriation by the Legislature, develop a program to provide financial support for a higher education degree for individuals pursuing a law enforcement career.
(1)The commission shall develop the criteria for reimbursement and shall provide reimbursement for education pursuant to this section.
(2)Education tuition reimbursement will be given based upon completion of designated courses developed pursuant to subdivision (f) of Section 13510.1 and upon receiving a basic certificate.
(3)For an
individual to be eligible for education reimbursement, they shall meet all of the following conditions:
(A)Be currently employed by an agency participating in the Peace Officer Standards and Training program.
(B)Provide the commission with a copy of official transcripts prior to reimbursement.
(C)Provide the commission with a receipt of tuition from the higher education institution.
(4)The commission shall determine which courses are eligible for reimbursement.
(b)The commission shall establish a statewide print and radio media campaign for the purposes of bringing awareness to the education
program created pursuant to subdivision (f) of Section 13510.1 and to the reimbursement program established pursuant to this section, directed especially towards historically underserved and disadvantaged communities with barriers to higher education access.