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AGENDA ITEM REPORT

Title: Report on the Penal Code Requirement for the Specialized Investigators' Basic Course
REPORT PROFILE
MEETING DATE
5/26/2022
BUREAU SUBMITTING THIS REPORT
Basic Training Bureau
RESEARCHED BY (PRINT NAME)
Raymund Nanadiego
REVIEWED BY (PRINT NAME)
Bureau Chief Jim Grottkau
REPORT DATE
03/23/2022
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
04/20/22
PURPOSE
Information Only
FINANCIAL IMPACT
No

ISSUE:

This report is presented for information only and to address the Penal Code requirement of the Specialized Investigators' Basic Course for various classifications of peace officers. No action is required by the Commission. 

BACKGROUND:

Considerations for modifying the training requirements for investigators have been discussed during prior Commission meetings. One consideration was the possibility of removing the requirement to complete the Specialized Investigators' Basic Course.  

At the September 29, 2021, Commission Meeting, POST staff were directed to review the feasibility of prospectively ending the Specialized Investigators' Basic Course and to determine the Penal Code requirement for completion of the Specialized Investigators' Basic Course. 

ANALYSIS:

The requirement for every peace officer to successfully complete an introductory training course described by the Commission on POST is provided by Penal Code Section 832. 

Penal Code Section 13510.5 states that the Commission on POST shall establish the minimum standards for training of peace officers commencing with Penal Code Section 830, including law enforcement officers identified therein. This includes peace officers who are employed by the following agencies:

  • Any railroad company
  • University of California or California State University police departments
  • The Department of Alcoholic Beverage Control
  • The Division of Investigation of the Department of Consumer Affairs
  • The Wildlife Protection Branch of the Department of Fish and Wildlife
  • The Department of Forestry and Fire Protection, including the Office of the State Fire Marshal
  • The Department of Motor Vehicles
  • The California Horse Racing Board
  • The Food and Drug Section of the State Department of Public Health
  • The Division of Labor Standards Enforcement
  • The Director of Parks and Recreation
  • The State Department of Health Care Services
  • The State Department of State Hospitals
  • The State Department of Developmental Services
  • The Office of Statewide Health Planning and Development
  • The Department of Justice

Penal Code Section 832.25(a) requires all welfare fraud investigators or inspectors who are appointed as peace officers, pursuant to subdivision (a) of Section 830.35, shall attend and complete the Specialized Investigators' Basic Course (SIBC). Penal Code Section 832.25(b) exempts this requirement provided that the individual has successfully completed the Regular Basic Course (RBC) within three years prior to appointment as an investigator or inspector.   

Commission Regulation 1005 (a)(3) requires every peace officer whose primary duties are investigative, except district attorney investigators or inspectors, to complete either the RBC or the SIBC within 12 months from the date of appointment. This includes the following departments:

  • State investigative agencies, including the Supreme Court of California
  • Welfare investigations
  • Welfare fraud
  • Social services
  • Human assistance/services
  • District Attorney child support divisions or welfare fraud units appointed under Penal Code Section 830.35.

Elimination of the Specialized Investigators' Basic Course would necessitate a legislative change to the Penal Code, as well as a subsequent change to Commission Regulation.

RECOMMENDATION:
This report is presented for information only.
 
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