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AGENDA ITEM REPORT

Title: Report on Proposed Changes to Commission Regulations 1953 and 1955 for Interim Chiefs and Background Investigations
REPORT PROFILE
MEETING DATE
6/21/2018
BUREAU SUBMITTING THIS REPORT
Strategic Communications and Research Bureau
RESEARCHED BY (PRINT NAME)
Melani Singley
REVIEWED BY (PRINT NAME)
Phil Caporale
REPORT DATE
05/07/2018
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
05/25/2018
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed changes to Commission Regulations 1953 and 1955? 
BACKGROUND:

At the October 2017 meeting, the Commission approved a change to Commission Regulation 1953: Peace Officer Background Investigation allowing updated background investigations for interim chiefs of police who meet specific requirements. The new regulation became effective January 2018; however, the regulation did not provide specific requirements for the updated background investigation. 

Commission Regulation 1955(b): Peace Officer Psychological Evaluation requires psychologists who conduct peace officer evaluations to complete an initial six hours of POST-approved continuing professional education (CPE) training prior to conducting evaluations. Currently, psychologists can take any of the training included on the POST-approved CPE course list. Although the list contains a wide-variety of courses relevant to peace officer screening, very few provide a foundation for conducting peace officer screening.  

Subsequent to the initial requirement, psychologists must also complete 12 hours of CPE within their 24-month license renewal cycle.  This requirement can also be met through any of the courses included on the POST-approved list. The CPE requirements were implemented in 2013 to fulfill Government Code section 1031(f), which mandates that screening psychologists meet POST education and training requirements.

ANALYSIS:

Commission Regulation 1953, which allows for updated background investigations of interim chiefs of police will be revised to outline specific requirements for the updated background investigations.

Proposed changes to Commission Regulation 1955 would mandate completion of the POST Peace Officer Psychological Screening Manual review and on-line exam for all psychologists; removing the current six hour initial CPE requirement. The examination was developed to assess the psychologist's knowledge of the contents of the Manual, including POST regulatory requirements as well as guidance in conducting peace officer evaluations. Completion of the manual review and exam will provide the psychologist with eight hours of CPE credit, which can also be used to meet the psychologist's continuing education requirement for licensure.

Requiring this training will help ensure that all screening psychologists have a basic foundation for conducting these types of evaluations as provided in Commission Regulation and Government Code section 1031(f). For new psychologists, this requirement must be met prior to conducting evaluations. Incumbent psychologists must meet this requirement within six months of implementation or no later than July 1, 2019.

The proposed regulation will also require that psychologists complete any POST-developed on-line update training, as necessary. Any mandatory update training will need to be completed within two years of implementation and will be credited toward the current 12 hour biennial CPE requirement. 

The proposed revisions (Attachment A) include:

Commission Regulation 1953: Peace Officer Background Investigation will be modified to specify that background investigation updates conducted on interim chiefs of police cover the time period from the initial background investigation to the new appointment date. It will also require that the update include, at a minimum, new personal history statement, review of any new information from the date of the last completed background, and checks of criminal history, driving record and credit.

Commission Regulation 1955: Peace Officer Psychological Evaluation will be revised to remove the required initial six hours of CPE training and replace it with the mandatory POST Peace Officer Psychological Screening Manual review and on-line exam, which will provide eight hours of CPE credit. Current psychologist will have a specified period of time within which to complete the training. New psychologists must complete the training prior to conducting evaluations.

Additionally, the proposed regulation changes will include a provision that psychologists complete POST-developed mandatory CPE update training, as necessary. The update training would need to be completed within two years of the training implementation date and would be offered on-line. These changes will help to ensure POST has the ability to immediately address any emerging trend or topic, and that psychologists tasked with evaluating peace officer candidates have the most relevant and current information for conducting evaluations in accordance with Commission regulations and Government Code section 1031(f).  

RECOMMENDATION:
Staff recommends that the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed changes to Commission Regulations 1953 and 1955. 
 
ATTACHMENT(S):
Name: Type:
SelStds618.docx Cover Memo