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AGENDA ITEM REPORT

Title: Report on Proposed Changes to Commission Regulation 1081 – Minimum Standards for Legislatively Mandated Courses
REPORT PROFILE
MEETING DATE
5/26/2022
BUREAU SUBMITTING THIS REPORT
Management Counseling and Projects Bureau
RESEARCHED BY (PRINT NAME)
Larry Ellsworth
REVIEWED BY (PRINT NAME)
Drew Wyant
REPORT DATE
04/14/2022
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
05/02/22
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:

POST’s California Law Enforcement Vehicle Pursuit Guidelines were last updated in 2007. These guidelines are used by agencies in the creation of policy for the agency as well as the basis for training in this area. While the guidelines are still viable, they were in need of update and revision in order to remain credible and contemporary. POST has completed this revision and is seeking permission to approve and publish these guidelines.

POST’s Learning Portal formerly housed a Telecourse DVD entitled, The Pursuit Driving Update (2007). This DVD and/or the guidelines were incorporated by reference satisfying the training requirement mandate. This DVD was outdated and is no longer available. Staff recommends removal from the regulation the reference to this DVD as fulfilling the training requirement.

BACKGROUND:

California Vehicle Code Section 17004.7 provides immunity from civil liability for agencies that adopt and promulgate written policy on vehicle pursuits when the agency also provides regular and periodic training in this area. California Penal Code Section 13519.8 provides specific outline of the subjects to be considered within the guidelines and the training. POST created the California Law Enforcement Vehicle Pursuit Guidelines in 1995 in response to this legislation. 

In 2021, POST staff reviewed these guidelines with the assistance of a group of subject matter experts (SMEs) and determined that they were outdated and in need of revision. The revision has been completed and the submission packet for approval of these changes to the Office of Administrative Law has been prepared. 

The Learning Technology Resource Bureau determined that the Telecourse DVD training on pursuit driving was no longer viable and removed it from the Learning Portal. 

ANALYSIS:

POST staff reviewed the currently available California Law Enforcement Vehicle Pursuit Guidelines and determined they are still viable, accurate and useful to agencies. However, as they are fifteen years old, staff felt that they should be reviewed through collaboration with SMEs who are experienced in new case law, new technology and any potentially new changes to legislation in order to ensure the document is contemporary and accurate. 

POST staff collaborated with this group of SMEs to analyze and update the guidelines as necessary. Over the course of three meetings, virtually and in person, there were many recommended changes that were incorporated into the guidelines. 

The revised copy has been reviewed at all levels within POST. If the Commission approves the changes to the guidelines and the removal of the reference to the DVD training, staff will submit the changes to the Office of Administrative Law for final approval before being published.  

RECOMMENDATION:

Staff recommends the Commission approve, subject to the Notice of Proposed Regulatory Action Process, the amendments to Commission Regulation 1081 described in this report.

 
ATTACHMENT(S):
Name: Type:
Proposed_Text_Reg1081.v.strikeout.04182022.pdf Cover Memo
Vehicle_Pursuit_Guidelines_2007_Original.Strikeout_Version.04192022.pdf Cover Memo
Vehicle_Pursuit_Guidelines_2022v2.Final.04282022.pdf Cover Memo