Bill Text: CA AB1839 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1839

Introduced

Bill Title: Peace officers: education and hiring grants.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-17 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 16). Re-referred to Com. on APPR. [AB1839 Detail]

Download: California-2023-AB1839-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1839

Introduced by Assembly Member Alanis

January 16, 2024

An act to add Article 5.2 (commencing with Section 69617.7) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and to add Article 8 (commencing with Section 6049) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL'S DIGEST

AB 1839, as introduced, Alanis. Peace officers: education and hiring grants.

(1) Existing law requires the Commission on Peace Officer Standards and Training to establish and award certain certificates for peace officers to foster the education and experience necessary to perform general police service duties, as specified. Existing law requires the office of the Chancellor of the California Community Colleges to develop a modern policing degree program, and requires the chancellor’s office to submit a report on recommendations to the Legislature outlining a plan to implement that program, as specified. Existing law requires the commission to approve and adopt the education criteria for peace officers, based on the recommendations in the report, as specified.

This bill, subject to an appropriation, would establish the Law Enforcement Officer Grant Program under the administration of the Student Aid Commission to provide grants of up to $6,000 per year to individuals enrolled in a modern policing degree program at a California community college who commit to work for 4 years as a peace officer at a law enforcement agency, as specified. The bill would require grant recipients to agree to repay the grant to the state if certain conditions for the grant are not met, except as specified.

The bill would require, subject to an appropriation, the chancellor’s office to develop, in consultation with specified entities, materials to be distributed to counselors’ offices in schools serving grades 9 to 12, inclusive. The bill would require those materials to inform high school students about the existence of the modern policing degree program and the grant program described above, among other things. The bill would require the chancellor’s office to particularly target the materials for students of historically underserved and disadvantaged communities with barriers to higher education access.

(2) Existing law provides for the training and certification of local peace officers, including police and sheriff deputies. Existing law requires criminal justice and delinquency prevention planning districts to be established for the purpose of coordinating local criminal justice activities and planning for the use of state and federal action funds made available through any grant programs.

This bill would require, commencing January 1, 2026, and subject to appropriation by the Legislature, the Board of State and Community Corrections to award grants to local law enforcement agencies that are significantly understaffed in order for the agency to provide hiring bonuses for peace officers employed by that agency. The bill would require a peace officer receiving these funds to agree to work for that agency for at least four years, except as specified. The bill would authorize the board to establish additional guidelines for the allocation of these hiring bonuses.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Article 5.2 (commencing with Section 69617.7) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read:

Article 5.2. Law Enforcement Officer Grant Program

69617.7.

(a) (1) Subject to moneys appropriated by the Legislature for purposes of this section, the commission shall administer the Law Enforcement Officer Grant Program. Under the program, the commission shall provide one-time grant funds of up to six thousand dollars ($6,000) per year to each student enrolled, or who has applied for enrollment, on or after January 1, 2026, in a modern policing degree program at a California community college if the student commits to working as a peace officer at a qualifying agency for four years within the six years following the date the student completes the modern policing degree program.

(2) (A) For purposes of this section, “qualifying agency” means a California state agency, county sheriff’s department, local police department, or other California public entity employing peace officers described in Section 830.1 of the Penal Code, except those described in subdivision (c) of that section, Section 830.2 of the Penal Code, except those described in subdivision (d) of that section, or Sections 830.3, 830.32, and 830.33 of the Penal Code, or employing any other peace officer employed by an agency that participates in the Peace Officer Standards and Training program.

(B) The commission, in coordination with the Commission on Peace Officer Standards and Training, shall publish a list of qualifying agencies employing peace officers by April 15 of each year.

(b) Grant funds shall be used to supplement and not supplant other sources of grant financial aid, and may be disbursed in more than one academic year, provided that the total amount of funds granted to an applicant does not exceed eighteen thousand dollars ($18,000).

(c) (1) A grant recipient shall agree to serve as a peace officer at a qualifying agency for four years and shall have six years, upon completion of the recipient’s modern policing degree, to meet that obligation. Except as provided in paragraph (2), a grant recipient shall agree to repay the state 25 percent of the total received grant funds annually, up to full repayment of the received grant funds, for each year the recipient fails to do one or more of the following:

(A) Be enrolled in or have successfully completed a modern policing degree program from a California community college.

(B) While enrolled in the modern policing degree program, maintain good academic standing.

(2) Any exceptions to the requirement for repayment shall be defined by the commission, and may include, but shall not be limited to, counting a year towards the required four-year service requirement at a qualifying agency if any of the following occur:

(A) The grant recipient has completed at least two years of the service requirement.

(B) The qualifying agency deems the grant recipient to have fulfilled the grant recipient’s contractual requirement, as applicable, for purposes of salary increases, probationary or permanent status, and retirement.

(C) The grant recipient was not able to serve due to the financial circumstances of the qualifying agency, including a decision to not continue the employment of the grant recipient.

(D) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.

(E) The grant recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.

(d) The commission may use up to 1.5 percent of funding appropriated for purposes of this section for outreach and administration.

(e) Priority for grants shall be afforded to students of historically underserved and disadvantaged communities with barriers to higher education access.

(f) (1) The commission may adopt regulations, including any amendments to regulations, necessary for the implementation of the Law Enforcement Officer Grant Program. The commission may adopt emergency regulations it deems necessary for the implementation of this program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code.

(2) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to paragraph (1) shall remain in force and effect until June 30, 2031.

(3) No rule, policy, or standard of general application issued by the commission in implementing this section shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(g) The commission shall conduct, in partnership with the Commission on Peace Officer Standards and Training, an evaluation of the Law Enforcement Officer Grant Program to determine the effectiveness of the program in recruiting peace officers. The commission is encouraged to use qualitative and quantitative measures to quantify the number of peace officer candidates the program recruited, disaggregated by agency type, and the number of peace officers employed, and to describe the effects of the program on the decisions of candidates to enter and remain in the law enforcement field. The commission shall provide, with respect to the evaluation, a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 31, 2031, and every two years thereafter.

(h) The commission shall accept applications for the Law Enforcement Officer Grant Program beginning on September 1 for the following academic year and shall establish a process and timeline that allows the California Community Colleges to provide applicants with grant eligibility determinations before the deadline for enrolling.

69617.8.

(a) The office of the Chancellor of the California Community Colleges shall, subject to moneys being appropriated by the Legislature for purposes of this section, develop written and online materials to be distributed to counselors’ offices in California public and private schools serving grades 9 to 12, inclusive. The materials shall inform high school students about all of the following:

(1) The existence of the modern policing degree.

(2) The Law Enforcement Officer Grant Program, as described in Section 69617.7.

(3) The existence of hiring bonuses in many California police and sheriffs’ departments, including bonuses for significantly understaffed agencies as provided in Section 6049 of the Penal Code.

(4) The personal and community benefits of a career as a police officer or sheriff’s deputy, including average pay, benefits, and the role of law enforcement in creating safer communities.

(b) The chancellor’s office shall particularly target the materials described in this section for students of historically underserved and disadvantaged communities with barriers to higher education access.

(c) The chancellor’s office shall consult with representatives of law enforcement administration and law enforcement employees, and community organizations in the development of the materials described in this section.

SEC. 2.

Article 8 (commencing with Section 6049) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:

Article 8. Peace Officers Hiring Grants

6049.

(a) (1) Commencing January 1, 2026, and subject to appropriation by the Legislature for the purposes of this section, the Board of State and Community Corrections shall award grants to local law enforcement agencies that are significantly understaffed in order for the agency to provide hiring bonuses for peace officers employed by that agency.

(2) A hiring bonus may be up to fifteen thousand dollars ($15,000) per eligible peace officer hired.

(b) (1) The board shall require any agency receiving funds for hiring bonuses pursuant to this section to require the peace officer receiving these funds to agree to work for that agency for at least four years.

(2) The board shall require any agency receiving funds for hiring bonuses pursuant to this section to use these moneys to supplement, not supplant, existing funds used to recruit and employ peace officers.

(3) The board may establish additional guidelines for the allocation of these hiring bonuses to qualifying agencies.

(4) The board may use up to 5 percent of the funds appropriated for the program each year for the costs of administering the program.

(c) (1) Except as provided in paragraph (3), a peace officer who receives hiring bonus funds pursuant to this section shall agree to repay the state 25 percent of the total received grant funds annually, up to full repayment of the received hiring bonus funds, for each year the recipient fails to do one or both of the following:

(A) Be employed by the local law enforcement agency that awarded the hiring bonus or be employed by another agency employing peace officers that is significantly understaffed until the person has been employed for four years or more with agencies that meet, or met at the time of the person’s initial employment, the definition of significantly understaffed.

(B) Maintain certification as a peace officer.

(2) The nonperformance of the commitment to serve at a qualifying agency employing peace officers for four years shall be certified by the Commission on Peace Officer Standards and Training.

(3) Any exceptions to the requirement for repayment shall be defined by the board, and may include, but shall not be limited to, counting a year toward the required four-year service requirement at a qualifying agency employing peace officers if a grant recipient is unable to fulfill the four-year employment obligation when any of the following occur:

(A) The hiring bonus recipient has completed at least two years of employment.

(B) The employer deems the hiring bonus recipient to have fulfilled the grant recipient’s contractual requirement, as applicable, for purposes of salary increases, probationary or permanent status, and retirement.

(C) The hiring bonus recipient was not able to serve due to the financial circumstances of the employer, including a decision to not continue the employment of the grant recipient.

(D) The hiring bonus recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.

(E) The hiring bonus recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.

(d) For purposes of this section, the following definitions apply:

(1) “Agency” means a department or agency of a local government, special district, or other political subdivision that employs a peace officer, as described in Section 830.

(2) “Eligible peace officer” means a person who has met all requirements of Section 1031 and 1031.4 of the Government Code and all additional training and background requirements imposed by the Commission on Peace Officer Standards and Training to be hired as a peace officer and who has not previously been employed as a California peace officer.

(3) “Significantly understaffed” means the agency has advertised vacancies for peace officer positions, is ready and willing to hire peace officers, and has had a peace officer employment rate of 10 percent or more below the number of budgeted peace officer positions for at least two calendar years.