Since January 1, 2002, POST Regulation 1005, mandated all peace officers (except reserve officers) below the rank of middle management and assigned to patrol, traffic or investigation who routinely effect physical arrest of criminal suspects are required to complete Perishable Skills training.  Perishable Skills training is mandated to consist of a minimum of 12 hours over the course of a two-year period. Of the total 12 hours required, a minimum of four hours of each of the following topical areas is required to be completed:

• Arrest and Control
• Driver Training/Awareness or Driving Simulator (LEDS)
• Tactical Firearms or Force Options Simulator (FOS)

In accordance with POST Regulation Section D 2-4, the following content, testing and instructional methodology requirements, shall be met for the perishable skill topics required by Regulation 1005.

Within the Driver Training curriculum, one or more of the following shall be included as content:

• Psychomotor Aspects
• Judgment/Decision Making in Driving
• Agency Policies
• Scenario Practices
• Driving Attitudes Testing to determine extent of student understanding

One or more of the following instructional methodologies are required to be employed in the process of instruction and testing associated with this material:

• Behind-the-wheel
• Driving Simulator (LEDS)
• Classroom Interactivity (Any exercise(s) in which trainees are required to interact with written, video, or instructor-provided prompts)

Penal Code Section 13508 (a)(2), encourages POST to develop and administer the LEDS Program in cooperation with 24 Statewide Regional Skills Training Centers (RSTCs).  This cooperative effort is a significant piece in the continued professional training of tenured law enforcement officers and Regular Basic Course recruits in the areas of Police Pursuit and Emergency Vehicle Operations (Leaning Domain 19, Vehicle Operations).  LEDS serves as an effective platform to provide a series of real world simulations based on circumstances regularly encountered by California law enforcement officers.  These simulations allow for the development of critical decision making skills in a risk-free environment that challenges students with real world distractions (lights, sirens, radio calls, etc.) they will experience while performing an enforcement role.

Studies have shown incidents involving Perishable Skills make up the majority of law enforcement deaths and serious injuries.  Additionally, events associated with perishable skills are the primary impetus for a significant portion of civil litigation.  These same studies show that after two years without refresher training, these skills begin to deteriorate.  The skills for peace officers that have been identified as most perishable are driving, tactical firearms, force options, arrest and control and verbal communication.

In addition, LEDS enables the instructor to analyze and reinforce operational training in an interactive and highly realistic law enforcement environment.  This is accomplished by improving drivers safety  and decision making skills by reducing officer complacency, reinforcing policies and procedures, practice decision-based driving tactics, heavy traffic and intersection clearing, multi-tasking and fatigue management, distracted driving and pedestrian distraction, traffic stops and pursuits, and improve vehicle handling skills, all while in a risk-free, year-round training environment. 

With both the statutory mandate, and safety of officers and the community in mind, POST developed 24 RSTCs to provide a cost effective means of providing perishable skills training to the more than 80,000 sworn officers affected by this training requirement.  Each RSTC is equipped with Law Enforcement Driving Simulators (LEDS) commensurate with the number of potential trainees requiring the training in their region.  The current POST budget for reimbursement to RSTC for perishable skills training is $1,171,827.00.  This budget encompasses LEDS and Force Option Simulator (FOS) perishable skills training, as well as LEDS and FOS Instructor Training.

As part of a 2009 contract, POST invested over $11 million in Law Enforcement Driving Simulators to include hardware, software and firmware (108 simulators, 26 instructor stations, six trailers, six generators, warranties and initial operations training). To meet these statutory mandates, POST has trained approximately 57,796 Regular Basic Training recruits and peace officers for Perishable Skills training since the LEDS acquisition (2009-2015).

The equipment purchased in 2009 is rated to have a maximum life span of approximately eight years.  It is nearing the end of the life span and experiencing degradation from constant use involving mechanical wear-and-tear of the cockpit area (i.e., seats, steering wheel columns, shift levers, radios, brake and accelerator, pedals, etc.); but more importantly hardware and software capabilities.  POST has exercised the option to extend the service agreement for two additional years (past the five year warranty agreement).  We are in our final year (7th year) of the extended warranty coverage (cost of $321,264 per year) and it will expire on July 31, 2017.  The warranty for the last two years excluded the maintenance of the trailers, and all ancillary equipment, from the program.

Commission regulation requires in-service peace officers to complete 14 hours of perishable skills training every 24 months. These skills include training in arrest and control techniques, communications, driving and tactical firearms. These skills are high liability and managed risk areas for peace officers and law enforcement agencies, and it has been determined that certain psycho-motor skills need to be regularly refreshed.  

LEDS systems are available to law enforcement and used by agencies throughout the state to address decision-making related to driving components of perishable skills training. With the national focus on law enforcement, peace officers are under scrutiny for use of force and driving decision-making. 

POST provides driving simulators to training providers so that peace officer can complete mandated training requirements.  Communities expect their peace officer to be highly trained in current, contemporary methods to apply to the myriad of situations officers encounter on a daily basis as well as being continually educated on any recent changes in the law.  Anything less may result in liability for State or local law enforcement agencies and negatively impact police/community relations.  

Pursuant to Strategic Plan (Rev. 7/2015) Objective A.1.3 and A.1.4, POST contracts with various presenters to provide perishable skills training, FOS and LEDS, to in-service peace officers through the RSTC program. This training is most often accomplished through the use of the LEDS and FOS systems provided to the RSTCs by POST.

Staff recommends the Commission authorize the Executive Director to enter into limited term proposed funding of $1.828 million from the Motor Vehicle Account (MVA) in both Fiscal Year 2017-18 and 2018-19 to replace sixteen (16) driving simulators (8 annually) and continue to maintain the remaining simulators that are out of warranty. 

This recommendation will provide POST the time needed to develop a sustainable replacement schedule and come back with a future proposal for ongoing funding. This will allow POST to continue to meet its statutory obligations, which ultimately ensures the safety of California’s communities.