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Corrections Standards Authority

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, policies 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 that 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 has maximum flexibility in assessing and meeting its selection and 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:

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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-80.
Certificate of Compliance filed 12-1-80 (Register 80, No. 49).
Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No.22).
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 or juvenile detention facility. Included are titles such as director, superintendent, 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 that 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 that 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:

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).
Amendment of subsection ( i ) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
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:

Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
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:

Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
Amendment of subsection (b) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
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).

Article 2. Minimum Standards for Selection

130. Purpose of Article.

The purpose of this article is to set forth the minimum selection standards, which will ~~assure~~ ~~and/or increase~~ raise the level of competence of persons selected for entry probation officer positions, entry juvenile corrections officer positions, and entry adult corrections officer positions.

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

HISTORY:

Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).

131. Minimum Selection Standards.

(a) In addition to the requirements set forth in Section 830 et seq. of the Penal Code and Section 1029 et seq. of the Government Code, the standards set forth below shall apply. These standards, which apply to the city, county, or city and county agency as a result of its application to the Board of Corrections under Penal Code Section 6041, for entry probation officer positions, entry juvenile corrections officer positions, and entry adult corrections officer positions shall include but not be limited to the following:

(1) Basic abilities and other characteristics important for successful job performance as demonstrated by passing the Board's written examination. An alternative examination may be substituted pursuant to Section ~~132~~ 131(c).

(2) Competence in oral communication as demonstrated in an interview.

(3) Past behavior compatible to job requirements as demonstrated by a background investigation.

(4) Competence in the knowledge, skills and abilities necessary for entry-level job performance, as demonstrated by successful completion of the required core training curriculum.

(5) Competence in the performance of entry-level duties as demonstrated by successful completion of the probationary period.

(6) The ability to perform the essential job functions Possession of the skills and abilities of for the position as demonstrated by meeting the Board's current guidelines for Vision, Hearing, and Medical Screening.

(7) A minimum of 18 years of age prior to appointment.

(b) The level of competence in (a)(2) and (a)(3) above shall be commensurate with the needs of the individual job classifications of each county or city. The level of competence in (a) (1) above and (c) below shall be commensurate to the cutoff score that is chosen by the county or city and is consistent with research validation.

(1) ensure the examination measures the knowledge, skills, abilities and other characteristics identified by the Board as necessary for successful job performance;

(2) have validated that the examination measures the knowledge, skills, abilities and other personal characteristics; and,

(3) verified that the examination meets the fairness doctrines of the Federal Uniform Guidelines for Selection Procedures.

(d) If an individual fails to satisfy the minimum selection standards, the employing city, county, or city and county, should consider whether it is obligated under the applicable statutes and/or regulations to provide a reasonable accommodation for that individual. The employing city, county, or city and county needs to comply with all pertinent federal and state employment laws in determining its obligation to provide a reasonable accommodation.

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

HISTORY:

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

132. Counties and Cities With Existing Alternative Selection Standards.

(a) Counties and cities maintaining standards that meet or exceed the minimum selection standards shall be deemed to be in compliance with the minimum standards. ~~Those agencies choosing an alternative selection examination must:~~

~~(1)~~ ~~ensure the examination measures the knowledge, skills, abilities and other personal characteristics identified by the Board as necessary for successful job performance.~~

~~(2)~~ ~~have validated that the examination tests for the knowledge, skills, abilities and other personal characteristics.~~

~~(3)~~ ~~verified that the examination meets the fairness doctrines of the Federal Uniform Guidelines for Selection Procedures, and~~

~~(4)~~ ~~have established a cutoff score within a range that is consistent with their validation research study.~~

(b) Each county and city is encouraged to maintain or improve standards that exceed the minimum selection standards consistent with the goal of increased competency.

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

HISTORY:

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

133. Effective Term of Selection Standards.

The selection standards described in Section 131 shall remain in effect until modified by the Board. The Board may modify the selection standards consistent with future job analyses data collection, revalidation research, and selection procedure development.

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).

Article 3. Minimum Standards for Training

169. Purpose of Article.

The purpose of this article is to set forth the courses and the hours which are the minimum training standards. These courses are to be established in a manner to provide maximum flexibility for instruction and encourage the use of varied instructional methods.

NOTE: AUTHORITY CITED: Section 6035, Penal Code. Reference: Section 6036, Penal Code.

HISTORY:

1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).

2. Amendment filed 5-7-82: effective thirtieth day thereafter (Register 82, No. 19).

171. Training Courses.

There are 7 training courses in the program as follows:

(a) Probation Officer Core Course.

(b) Juvenile Corrections Officer Core Course.

(d) Adult Corrections Officer ~~Basic Academy~~ Supplemental Core Course.

(e) Supervisor Core Course.

(f) Manager/Administrator Core Course.

(g) Annual Training Courses.

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

HISTORY:

Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

172. Training Required.

The training requirements set forth in these regulations are mandatory for all eligible staff employed by participating county and city departments and are in addition to any other training required by law.

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

HISTORY:

Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter. (Register 82 No. 19)
Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22)
Repealer of subsection (a) designator, amendment of former subsection (a) and repealer of subsection (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

173. Probation Officer Core Course.

In addition to a course in basic CPR, the probation officer core course consists of a minimum of ~~174~~ 170 hours of instruction in specific performance/instructional objectives. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests. Entry-level core training shall be completed in the first year of employment.

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

Note: The proposed new language is underlined. The existing language to be changed is ~~struck-out.~~

176. Juvenile Corrections Officer Core Course.

In addition to a basic course in First Aid and CPR, the juvenile corrections officer core course consists of a minimum of ~~134~~ 128 hours of instruction in specific performance/instructional objectives. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests. Entry-level core training shall be completed in the first year of employment.

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

Note: The proposed new language is underlined. The existing language to be changed is ~~struck-out.~~

179. Adult Corrections Officer Core Course.

In addition to completion of a basic course in First Aid and CPR, the adult corrections officer core course consists of a minimum of 176 hours of instruction in specific performance/instructional objectives. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests. Entry-level core training shall be completed in the first year of employment.

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

Note: The proposed new language is underlined.

180. Adult Corrections Officer Basic Academy Supplemental Core Course

The Adult Corrections Officer ~~Basic Academy~~ Supplemental Core Course consists of a minimum of 56 hours of instruction in specific performance/instructional objectives. It is for the corrections officer who has completed the POST Basic Academy Course for peace officers. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests, within the first year of employment.

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

HISTORY:

Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
Repealer and new section filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

181. Supervisor Core Course.

(a) The supervisor core course consists of a minimum of 80 hours of instruction to be completed during the first year of employment as a supervisor. Typical titles include supervising adult corrections officer, supervising probation officer, or supervising juvenile corrections officer, as defined in these regulations.

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

HISTORY:

Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49)
Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

182. Manager/Administrator Core Course.

(a) The manager/administrator core course consists of a minimum of 80 hours of instruction in general management/administration subjects. This course shall be completed by an employee during the first year of assignment as a manager or administrator, as defined in these regulations.

(b) The Board may allow credit under its criteria for comparable courses previously completed.

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

HISTORY:

Certificate of Compliance including amendment of subsection (d) filed 12-1-80 (register 80, No. 49).

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176. Juvenile Corrections Officer Core Course.