Agenda

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PUBLIC PROTECTION COMMITTEE

Meeting Date:	10/25/2021
Subject: Legislation Impacts
Department:	County Administrator
Referral No.:	n/a
Referral Name:	n/a
Presenter:	Paul Reyes	Contact:	Paul Reyes, 925-655-2049

Information

Referral History:

The Public Protection Committee was established by the Board of Supervisors to examine and make recommendations on issues relating to public protection services provided through the County’s criminal justice programs. The committee currently has ongoing referals spanning the County’s criminal justice system, including juvenile justice, and juvenile/adult criminal administrative fees. During this year's legislative session, a number of bills have been chaptered that impact the Board of Supevisors' recent actions or will impact future actions.

Referral Update:

Numerous public safety bills were signed by Governor Newsom which will affect the County to varying degrees. Below is a list of significant public safety Assembly Bills (AB) and Senate Bills (SB) that have been identified as having an impact on the County.

AB 177 (Public safety): This bill by the Budget Committee transitioned from SB 586 by Senator Steve Bradford and effective January 1, 2022, eliminates 17 administrative criminal fees; makes past debt for these fees uncollectible; and allocates backfill funding to counties for the associated loss of revenue from these fee repeals. In 2021-22, the backfill will total $25 million for counties. In 2022-23 and ongoing, the backfill will increase to $50 million for counties. AB 177 also indicates the Legislature’s intent to pursue additional legislation by March 1, 2022, to finalize the funding allocation methodology for distribution. California State Association of Counties (CSAC) will continue conversations with stakeholders and share further information as it is available. AB 177 was signed by the Governor on September 23rd. Staff will continue to evaluate the final impacts of this legislation.

AB 48 (Law enforcement: use of force): This bill by Assembly Member Lorena Gonzalez provides that the use of kinetic energy projectiles or chemical agents, as defined, shall only be used by a peace officer that has received training on their proper use by the Commission on Peace Officer Standards and Training (POST) for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control, and in compliance with specified requirements. This legislation also will require, beginning January 1, 2023, that each law enforcement agency provide a monthly report to the Department of Justice (DOJ) of all instances in which a peace officer used a kinetic energy projectile or chemical agent that resulted in a reported injury to any person. AB 48 was signed by the Governor on September 30th. This will likely result in training and policy revisions and additional administrative costs to report monthly to the DOJ.

SB 16 (Peace officers: release of records): This bill by Senator Nancy Skinner increases transparency of peace officer misconduct records pertaining to findings of unreasonable or excessive use of force, discriminatory or prejudiced behavior, failure to intervene when witnessing excessive use of force by a peace officer, or participation in unlawful searches and arrests. SB 16 was signed by the Governor on September 30th. This legislation expands the categories of personnel records of peace officers and custodial officers that are subject to disclosure under the California Public Records Act (CPRA) and.will likely result in additonal administrative costs to comply with CPRA.

AB 26 (Peace officers: use of force): This bill by Assembly Member Chris Holden requires use of force policies for law enforcement agencies to include the requirement that officers “immediately” report potential excessive force, and further describes the requirement to “intercede” if another officer uses excessive force. Provides additional specifications for law enforcement agency policies on the duty to intervene when another officer uses excessive force. AB 26 was signed by the Governor on September 30th. This will also likely result in training and policy revisions

SB 2 (Peace officers: certification: civil rights): This bill by Senator Steven Bradford creates a system within the Commission on Peace Officer Standards and Training (POST) to investigate and revoke or suspend peace officer certification for serious misconduct, including excessive force, sexual assault, demonstration of bias and dishonesty. This legislation creates the Peace Officer Standards Accountability Division and the Peace Officer Standards Accountability Advisory Board within POST to review serious misconduct cases. SB 2 was signed by the Governor on September 30th. This legislation could potential result in additonal staff costs for the County to provide information to POST regarding the employment status and relevant disciplinary records for peace officers.

SB 98 (Public peace: media access): This bill by Senator Mike McGuire allows duly authorized members of the press to enter areas that have been closed by law enforcement due to a demonstration, march, protest, or rally and prohibits officers from interfering with, or citing members of the press for failure to disperse, a violation of a curfew, or a violation of resisting, delaying, or obstructing, as specified. SB 98 was signed by the Governor on October 9th. This leglislation will likely not have a local fiscal impact.

Recommendation(s)/Next Step(s):

CONSIDER accepting an update on the impacts of recently signed public safety bills.

Attachments
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