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§ 1019. Peace Officer Feasibility Study Requirements.

11 CA ADC § 1019BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 1. General
11 CCR § 1019
§ 1019. Peace Officer Feasibility Study Requirements.
(a) Feasibility Study Requirement
Pursuant to Penal Code section 13540, any person(s) desiring peace officer status or a change in peace officer designation or status shall request the Commission on POST to undertake a feasibility study regarding such change.
(b) Feasibility Study Request
(1) Written Request
A written request for a feasibility study shall be made by the following:
(A) Any person(s) not currently a peace officer, desiring peace officer status under Chapter 4.5 (commencing with Penal Code section 830), or
(B) Any person(s) designated as a peace officer(s) under Chapter 4.5 (commencing with Penal Code section 830), desiring a change in peace officer designation or status.
(2) Content of Request
The written request for the study shall include a statement that the person(s) or entity making the request acknowledges that a fee shall apply for conducting the study and will provide POST with the necessary information to conduct the study.
(3) Study Fee
POST shall charge a fee to conduct the feasibility study based upon actual direct costs for completing the study and indirect costs determined in accordance with State Administrative Manual sections 8752 and 8752.1. Upon payment of the study fee by the requestor(s), the completed feasibility study and its recommendations shall be released to the requestor(s). A copy of that study and the recommendation by POST shall also be submitted to the Legislature.
(4) Employing Jurisdiction Acknowledgement of Request
The department head of the jurisdiction employing the person(s) requesting the feasibility study shall acknowledge the request in writing.
(c) Feasibility Study Scope of Work
(1) The Commission shall conduct all feasibility studies within the scope specified in Penal Code section 13541.
(2) The scope of a study shall include, but not be limited to, the current and proposed duties and responsibilities and the field law enforcement duties and responsibilities of the study's requestor(s).
(3) A study involving a change in peace officer designation shall consider the extent to which the requestor's current duties and responsibilities require additional peace officer powers and authority. The study shall include on-site visitations to verify these duties and responsibilities.
(A) Solicitation of Comments
During the conduct of a study, written comments will be solicited from the employing jurisdiction's chief administrator, the concerned department head, and other interested parties.
(B) Commencement of Work on the Study
The study shall commence after the mutual acceptance of a contract between the requesting person(s) or their representing entity and the Commission.
(d) Study Recommendations
Any study recommendations in support of peace officer status or a change in peace officer designation or status shall be made in accordance with Penal Code section 13542 and shall minimally include the following:
(1) New Peace Officer Designation
(A) Supervisory Structure
The person or persons desiring the designation change shall be employed by a department with a supervisory structure that includes a chief law enforcement officer.
(B) Training Requirements
The employing department shall agree to comply with the training requirements set forth in Penal Code section 832.
(C) Funding Restriction
The employing department shall be subject to the funding restriction set forth in Penal Code section 13526.
(2) Change in Peace Officer Designation or Status
(A) POST Program Participation
The person(s) desiring the change in peace officer designation or status shall be employed by a department currently participating in the POST program.
(B) Certificate Requirement
If the designation change is moving the person(s) into Penal Code section 830.1, the person(s) shall obtain the POST Basic Certificate as set forth in Penal Code section 832.4.
(e) Time Limits for Completion of the Study
(1) New Peace Officer Designation
The study and its recommendations shall be issued to the requesting person(s) or entity within 18 months of the mutual acceptance of a contract between the requestor(s) and the Commission. A copy of the study and recommendations shall also be submitted to the Legislature via the Legislative Counsel.
(2) Change in Peace Officer Designation or Status
The study and its recommendations shall be issued to the requesting person(s) or entity within 12 months of the mutual acceptance of a contract between the requestor(s) and the Commission, or as soon as possible thereafter if the Commission determines the need for an extension of the 12-month time period. A copy of the study and recommendations shall also be submitted to the Legislature via the Legislative Counsel.
(f) Appeals
(1) Procedures for Appeal of Findings
If there is disagreement with the study recommendations, the person(s) or entity requesting the feasibility study, or the employing jurisdiction, may appeal in writing to the Commission.
(2) Written Acknowledgement
Requests for appeals will be acknowledged in writing.
(3) Time Limits
Initial appeals will be heard within four months after the date the request for appeal is received by the Commission and a decision on the appeal shall be rendered within six months of receipt of the appeal.
Note: Authority cited: Sections 13503, 13506 and 13540, Penal Code. Reference: Sections 13540, 13541, 13542 and 13543, Penal Code.
HISTORY
1. Renumbering and amendment of former section 9020 to section 1019 filed 5-9-2012; operative 6-8-2012. For prior history of section 1019, see Register 2007, No. 23. (Register 2012, No. 19).
2. Change without regulatory effect amending subsections (b)(1)(A)-(B) filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
3. Change without regulatory effect amending subsections (d) and (f)(3) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
This database is current through 10/4/19 Register 2019, No. 40
11 CCR § 1019, 11 CA ADC § 1019
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