Currently, Commission Regulation 1005(a) requires the completion of the Regular Basic Course (RBC) for District Attorney Investigators (DAIs) and excludes those individuals who have completed the Specialized Investigators Basic Course (SIBC) from being appointed as a DAI.

On June 2, 2021, the Commission approved a proposed amendment to Commission Regulation 1005(a), Minimum Standards for Training for DAIs. The amendment, upon approval of the Office of Administrative Law (OAL), will allow completion of the RBC or SIBC to meet the basic training requirements for DAIs.

On July 30, 2021, Bulletin 2021-31 was distributed to the field and advised of the decision by the Commission, as well as outlined the OAL rulemaking procedures.

By letter dated July 16, 2021, and by a follow up email on August 9, 2021, a group of 46 Chief DAIs requested a public hearing. Government Code section 11346.4 dictates that upon request for a public hearing, the hearing must be held at the conclusion of the 45-day public comment period. 

As a result of the request by the Chief DAIs, POST will host a public hearing at the completion of the 45-day public comment period. The public hearing will tentatively be scheduled for 9:00 AM on September 20, 2021.

POST has received numerous inquiries about a method to allow individuals who qualify for California law enforcement investigator positions, to become DAIs. 

At the October 2020 and February 2021 Commission meetings, POST staff was directed by the Commission to look at options, allowing the training (SIBC) completed by those individuals to qualify them for DAI positions.

The RBC is designed for "general law enforcement" and includes specific basic training on topics which include traffic enforcement, patrol techniques, and handling of "calls for service" incidents. The SIBC is designed for "investigators" and includes specific basic training in investigative topics such as presentation of evidence, surveillance, case management and sources of information, computers and computer crime, etc. 

Commission Regulation 1005 defines "general law enforcement" as duties which include the investigations of crime, patrol of a geographic area, responding to the full range of requests for police services, and performing any enforcement action on the full range of law violations. Therefore, graduates of the SIBC are not eligible for appointment as "general law enforcement" peace officers without completion of an RBC.

On June 2, 2021, the Commission approved a proposed amendment to Commission Regulation 1005(a), Minimum Standards for Training for DAIs. The amendment, upon approval of OAL, will allow completion of the RBC, or SIBC, to meet the training requirements for DAIs.

Since the Commission meeting on June 2, 2021, POST has received numerous letters expressing opposition to the amendment to Regulation 1005(a). POST has received no letters in favor of the amendment. Each opposition letter received by POST is attached to this agenda item.

By letter dated July 16, 2021, and by a follow up email on August 9, 2021, a group of 46 Chief DAIs requested a public hearing. Government Code section 11346.4 dictates that upon request for a public hearing, the public hearing must be held at the conclusion of the 45-day public comment period. 

As a result of the request by the Chief DAIs, POST will host a public hearing at the completion of the 45-day public comment period. The public hearing will tentatively be scheduled for 9:00 AM on September 20, 2021.

The 45-day public comment period requested by the Chief DAIs will end on September 13, 2021. Pursuant to established procedure, OAL will complete the rulemaking process within 30 business days once POST staff submit the final rulemaking package to OAL.

The public hearing pertaining to the proposed amendments to Regulation 1005(a), Minimum Standards for Training for DAIs, will tentatively be scheduled for 9:00 AM on September 20, 2021.

This item is informational only. No action is required by the Commission.