POST has recognized the need to amend Commission Regulations 1007, 1010, and 1011 and adopt new Commission Regulation 1202 due to the implementation of Senate Bill 2.

On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hiring eligibility requirements and also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes will go into effect on January 1, 2023.

After thorough review of SB 2, POST staff determined it was necessary to amend current regulations and adopt a new regulation to address the following:

- A requirement that all reserve peace officers must minimally be in possession of a valid Proof of Eligibility (POE), pursuant to Penal Code Section (PC §) 13510.1;

- Time allowed for the application of a POE in the Electronic Data Interchange (EDI), pursuant to PC § 13510.1;

- A requirement that a reserve peace officer must possess a separate POE for each agency they are appointed; 

- Participation in the POST program requires all peace officers to be in possession of a valid POE or a basic certificate;

- Remove language related to peace officer certification and professional certificates from current Commission Regulation 1011 and rename as Professional Certificates for Public Safety Dispatchers and Records Supervisors; and

- Create a new regulation specific to peace officer certification and professional certificates.

After thorough review of SB 2, POST staff determined it was necessary to amend current regulations and adopt a new regulation to address the following:

POST staff propose to amend Commission Regulation 1007 - Reserve Officer Minimum Training Standards to address new requirements established by the passage of SB 2. These amendments include a requirement that all reserve peace officers must be in possession of at least a valid Proof of Eligibility (POE) and the requirement that the employing agency of any reserve peace officer shall apply for a POE within ten days of appointment, pursuant to Penal Code Section (PC §) 13510.1. Additionally, reserve peace officers must possess a separate POE for each agency they are appointed.

POST staff propose to amend Commission Regulation 1010 - Participation to stipulate that agency participation in the POST program requires all peace officers employed by a participating agency to minimally be in possession of a valid POE, pursuant to PC § 13510.1.

POST staff propose to amend Commission Regulation 1011 to remove language related to peace officer certification and professional certificates from current Commission Regulation 1011 to relocate it to a newly created Commission Regulation. The amendments also include the removal of language related to course completion certificates as they are not required and it is not related to the issuance of professional certificates to public safety dispatchers or records supervisors. As the remainder of the Commission Regulation addresses professional certificate requirements for public safety dispatchers and records supervisors, POST staff propose to rename this regulation as Professional Certificates for Public Safety Dispatchers and Records Supervisors.

POST staff propose to adopt new Commission Regulation 1202 - Peace Officer Certification under proposed Article 4 - Peace Officer Certification to address peace officer certification and professional certificates issued to peace officers. Proposed Commission Regulation 1202 was created primarily from language removed from Commission Regulation 1011 related to certificates for peace officers. Moving language specifically related to eligibility requirements for certificates issued to peace officers to a separate regulation under Article 4 adds further clarity and ease of use by eliminating the need for someone to search different articles for this information. It also shortens both Commission Regulation 1011 and 1202, respectively, by focusing them on the specific classifications eligible for certificates issued by POST.

POST staff recommend the Commission amend Commission Regulations 1007, 1010, and 1011 and adopt Commission Regulation 1202.

If the Commission concurs, the appropriate action would be a MOTION to adopt the proposed new regulation and approve the amendments to the existing regulations specified in this report.