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AGENDA ITEM REPORT

Title: Report on Proposed Changes to the Peace Officer Selection Requirements
REPORT PROFILE
MEETING DATE
10/22/2015
BUREAU SUBMITTING THIS REPORT
Strategic Communications and Research Bureau
RESEARCHED BY (PRINT NAME)
Melani Singley
REVIEWED BY (PRINT NAME)
Kate Singer
REPORT DATE
08/21/15
APPROVED BY
Robert A. Stresak
DATE APPROVED
09/22/15
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the staff proposed changes to Commission Regulations 1951, 1953, 1954, and 1955?   
BACKGROUND:
The POST Peace Officer Selection Requirements are contained in Commission Regulations 1950-1955. The requirements underwent a complete revision in 2009 to create a more cohesive and comprehensive set of regulations consistent with state laws. In 2014, and concurrent with the issuance of the POST Psychological Screening Manual, Regulation 1955(b) was enacted, requiring peace officer screening psychologists to complete POST-approved continuing professional education (CPE).
ANALYSIS:

Commission Regulations 1951, 1953, 1954 and 1955 are being revised to incorporate recent changes to state law [GC 1031(e)] and to update specific regulations, as outlined below. An underline/strikeout version of the regulations is provided as Attachment A.

Commission Regulation 1953(e)(5): Peace Officer Background Investigation incorporates updates to the minimum peace officer education requirements contained in Government Code section 1031(e). Effective January 1, 2016, GC 1031(e) will allow for the acceptance of additional Department of Education high school equivalency exams beyond the General Education Development (GED) test, and will include revisions to the list of acceptable accrediting bodies.

Commission Regulation 1953(g)(3): Peace Officer Background Investigation – Information Access. Revisions to this section will require the sharing of the narrative report and other background information with screening psychologists. This will ensure that psychologists are provided with sufficient personal history information to review in the course of their evaluation, as required by Regulation 1955(e)(3). This revision clarifies that the sharing of information is required, rather than simply permissive.

Commission Regulation 1954(e): Peace Officer Medical Evaluation will clarify all candidates appointed as peace officers must be found medically suitable by a licensed physician.  The current version does not specify that candidates must be evaluated and cleared by the evaluator prior to appointment. 

Commission Regulation 1955(a)(2): Peace Officer Psychological Evaluation is being revised to incorporate the newly issued POST Psychological Screening Manual and to update the process for providing Continuing Professional Education (CPE) information through the on-line tracking system. Commission Regulation 1955(f) Peace Officer Psychological Evaluation will clarify the psychological evaluator must find all candidates to be appointed as peace officers as psychologically suitable.  The current version does not specify that candidates must be evaluated and cleared by the evaluator prior to appointment. 

Other revisions are non-substantive and include clarifying language as well as updates to Peace Officer Psychological Screening Manual and POST form revision dates.

RECOMMENDATION:
If the Commission concurs, the appropriate action would be a MOTION to amend Commission Regulations 1951, 1953, 1954, and 1955, subject to the Notice of Proposed Regulatory Action process.
 
ATTACHMENT(S):
Name: Type:
Attachment_A_-_Regulations_1951-1955.docx Backup Material