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AGENDA ITEM REPORT

Title: Report on Proposed Regulation for POST to Conduct Pilot Programs
REPORT PROFILE
MEETING DATE
6/21/2018		 BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Maria Sandoval		 REVIEWED BY (PRINT NAME)
Scott Loggins
REPORT DATE
05/10/2018		 APPROVED BY
Manuel Alvarez, Jr.		 DATE APPROVED
06/06/2018
PURPOSE
Decision Requested		 FINANCIAL IMPACT
No

ISSUE:
Should the Commission authorize Pilot Programs to be instituted and codified in regulations? 
BACKGROUND:
Currently, Regulations do not clearly define the ability of POST to conduct pilot programs.  Pilot programs will allow POST to conduct test projects prior to implementation in regulations statewide.  All pilot program proposals will first be vetted through the Commission.
ANALYSIS:

While attempting to determine the legality of a pilot program of the three (3) basic academies, staff, in conjunction with the Office of Administrative Law (OAL), determined current language  in Regulation 1052(g) is unclear.  The proposed regulation shall clearly allow POST to be more agile in implementation of new ideas/processes to assist the field. 

With the Commission's approval, POST will revise the current language, Regulation 1052(g), and develop the process for establishment of, implementation of, participation in, and time frames for a pilot program. OAL suggested POST mimic verbiage outlined in Penal Code section 5058.1, which codifies rules and regulations for pilot programs for the California Department of Corrections and Rehabilitation.

PC 5058.1 states:

For the purposes of this section, "pilot program" means a program implemented on a temporary and limited basis in order to test and evaluate the effectiveness of the program, develop new techniques, or gather information.

If approved to move forward by the Commission, POST will begin revision of the current language and development of the pilot program process.  Once development is complete the revised language will be noticed through OAL to begin the 45-day comment period. 

Following the comment period the proposed language will be submitted to the Commission for approval and if changes are needed a 15-day notice will be provided to the public.  If no changes are needed, the rule making file shall be submitted to OAL for review and approval.
RECOMMENDATION:
Staff recommends the Commission approve revisions to the current language, Regulation 1052(g), and development of the pilot program process.
 
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