Article 1 - General Provisions

100. Introduction.

The purpose of these regulations is to implement and make specific Chapter 1148 of the Statutes of 1979 (SB 924) as codified in Sections 6035-6043 of the Penal Code. These provisions are contained in Articles 2 and 3 of Chapter 5 of Title 7 of Part 3 of the Penal Code entitled "Standards and Training of Local Corrections and Probation Officers" and "Corrections Training Fund."

Under the provisions of Article 3, a county or city may apply to the State Board of Corrections, hereafter referred to as the Board, for funds for training of eligible adult corrections officers, juvenile corrections officers, and probation officers to improve the level of competence of such staff. Such application and approval is governed by these regulations and procedures established by the Board, subject to the availability of funds.

Funds for this program are appropriated by the Legislature from the Corrections Training Fund which is derived from a percentage designated by law of the penalty assessments on bail forfeitures and fines levied by the courts.

It is the intent of the Board that each county and city have maximum flexibility in assessing and meeting its training needs consistent with the intent of the legislation and proper accountability of public funds.

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.

HISTORY:

1. New Subchapter 1, Articles 1-9 (Sections 100-358, not consecutive) filed 7-1-80 as an emergency; effective upon filing (Register 80, No.27). For prior history, see Registers 76, No. 41 and 26, No.2. A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-80.
2. Certificate of Compliance filed 12-1-80 (Register 80, No. 49).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No.22).
4. Amendment of second, third and fourth paragraphs filed 7-1-96; operative 7-31-96 (Register 96, No.27)

101. Objectives.

The objective of the program of standards and training of local corrections and probation officers is to raise the level of competence of such officers. This objective is carried out by:

(a) Establishing minimum standards for selection and training of adult and juvenile corrections officers, and probation officers, and

(b) Allocating available funds to local correctional institutions, local juvenile institutions, and local probation departments of a county or city which formally agrees to adhere to the standards and requirements established by the Board.

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.

HISTORY:

1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment if subsection (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

102. Definitions.

(a) " College" is a community college, college or university accredited as such by:

(1) The Department of Education of the state in which the community college, college or university is located, or

(2) The recognized national accrediting body, or

(3) The state university in the state in which the community college, college or university is located, or

(4) The state agency authorized by the state's legislature to accredit post-secondary education for vocational colleges.

(b) "Administrator" means the top levels of administration of a department and includes the following types of positions:

(1) County Sheriff

(2) Undersheriff/Assistant Sheriff

(3) Chief Deputy or Commander in charge of multi-detention facilities

(4) County Probation Officer

(5) Assistant County Probation Officer

(6) County Director of Corrections

(7) Assistant Director of Corrections

(8) Chief of Police

(9) Assistant Chief of Police

(c) "Application" means the document prepared by a county or city by which it requests funds to provide training for adult corrections officers, juvenile corrections officers, and/or probation officers pursuant to the Standards and Training of Local Corrections and Probation Officers Program. The application includes the training plan.

(d) "Board" means the State Board of Corrections, a unit of the Youth and Adult Correctional Agency.

(e) "Certified Course" is a formal program of instruction approved by the Board for training of corrections and probation officers.

(f) "Department" means a probation department, sheriff's department, county correctional agency, or city police department established pursuant to applicable charter, statute and/or ordinance.

(g) "Department Head" means the county probation officer, county sheriff, chief administrative officer of a county correctional agency, or chief of police.

(h) "Detention Facility Manager" is a position in charge of an adult detention facility. Included are titles such as correctional lieutenant, captain, and commander.

(i) "Eligible staff" means those persons who meet all of the following criteria for full or limited participation.

(1) Full participation:

Are employed full time or as regular part time employees provided that at least 51% of their working hours are in a local detention facility, probation department, or correctional services agency, and have as a primary duty the responsibility for custody and/or for correcting the behavior of adult and/or juvenile offenders under local jurisdictions. This is defined to include custodial positions such as corrections officer or administrative or staff positions that coordinate training or are responsible for administrative oversight. Training for employees in staff or administrative positions is to be appropriate and essential to improve their competence in the area of the standards and training of local corrections and probation officers' program operations, or is designed to maintain competency in an STC eligible job classification held by the employee before assignment to the staff or administrative position. The determination to include such administrative or staff positions is to be made by the department head.

(2) Limited participation:

Are employed full-time by a law enforcement agency and have as one of their duties the responsibility for the custody and/or supervision of adult or juvenile offenders, but work in that capacity less than 51% of their time and have not completed the entry-level core course as specified in Section 1020, Title 15.

(j) "Encumbered funds" means funds reserved by a county by means of a legal obligation such as a contract, purchase order, or other commitment to expend the funds.

(k) "Entry Adult Corrections Officer" is a position in which the incumbent has not fully complied with Section 131 (a) (1 through 7) of these regulations nor has completed one year continuous employment in an adult detention facility which is preparatory to advancement to the journey level adult corrections officer. Incumbents learn procedures and techniques of custody, supervision and counseling of inmates.

(l) "Entry Juvenile Corrections Officer" is a position in which the incumbent has not fully complied with Section 131 (a) (1 through 7) of these regulations nor has completed one-year continuous employment in a juvenile institution which is preparatory to the journey level corrections officer. Incumbents learn the procedures and techniques of custody, supervision, and counseling of juvenile offenders.

(m) "Entry Probation Officer" is a position in which the incumbent has not fully complied with Section 131 (a) (1 through 7) of these regulations nor has completed one-year continuous employment in a probation department which is preparatory to advancement to the journey level deputy probation officer. Incumbents learn to perform complex investigations and casework supervision.

(n) "Job classification category" means those types of classifications assigned in a juvenile facility, adult detention facility, or probation department which are eligible for funding under the act, e.g., entry probation officer, journey juvenile corrections officer, supervising corrections officer, probation manager, etc.

(o) "Journey Adult Corrections Officer" is a position in an adult detention facility which, with minimal supervision, performs the full range of custody, supervision, and counseling of inmates and have complied with Section 131 of these regulations. Incumbents may also have lead responsibility.

(p) "Journey Juvenile Corrections Officer" is a position in a juvenile institution which, with minimal supervision, performs the full range of custody, supervision, and counseling of juvenile offenders and has complied with Section 131 of these regulations. Incumbents may also have lead responsibility.

(q) "Journey Probation Officer" is a position in a probation department which performs the full range of juvenile and/or adult case investigation, supervision, or probation programs and has complied with Section 131 of these regulations.

(r) "Manager" means those middle management classifications above the first supervisory level and below the assistant department head level. Typical titles include juvenile institution manager, detention facility manager, lieutenant, division director, and probation manager.

(s) "Supervisor" is a position which plans, assigns, and reviews the work of a group of entry/journey juvenile corrections officer, local corrections or probation officers. This is the first supervisory level. Typical titles include supervising probation officer I, sergeant, supervising juvenile corrections officer and supervising corrections officer. Incumbents may also function in a staff capacity.

(t) "Training Plan" is a plan which includes an assessment of a department's training needs, the number of eligible staff, the types of courses to be completed, and a training schedule for the fiscal year. This training plan is included as part of the county's application.

(u) "Training Provider" means a college, department, person, or organization authorized by the Board to conduct certified courses.

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036 (d), Penal Code.

HISTORY:

1. Certificate of Compliance including amendment of subsections (b) (3), (i)(1)-(i)(3), (n), (t), (u) and new subsection (aa) filed 12-1-80 (Register 80, No.49).
2. Amendment of subsection ( i ) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

103. Technical Assistance and Consultation.

The Board shall provide technical assistance and consultation to the counties, cities, and providers upon request or in response to changing conditions and local needs in the continuing operations, development, and implementation of the Standards and Training for Corrections Program.

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.

HISTORY:

1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

104. Waiver.

(a) Within statutory limits, the Board may grant a waiver from any standards or program requirements for good and sufficient reason. Such a waiver may be granted only upon written application from the local department seeking the waiver.

(b) A county or city shall not take action on the requested waiver until receipt of the Board's written approval.

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.

HISTORY:

1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (b) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment of section heading and section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

106. Severability.

If any article, section, subsection, sentence, clause, or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the Board, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of those regulations.

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.

HISTORY: Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).