text:
(a) (1) It is the intent of the Legislature to create a workable system of criminal justice data transparency whereby law enforcement prosecution agencies will gather complete, accurate, and timely data in a uniform format, and make that data available to the public in a modern, open, electronic format that is machine-readable and readily accessible through an application program interface. In order that meaningful discussions can occur regarding criminal justice and its most challenging issues, including those regarding criminal caseloads, plea bargaining, race, mass incarceration, equity, and homelessness, the Legislature finds that it is an important state interest to implement a data collection, aggregation, and publishing process for criminal prosecutions to promote criminal justice data transparency. This data would be comprised of publishable statistics and other data from statewide prosecution offices. This section shall be referred to as the Justice Data Accountability and Transparency Act, “the Act,” or “JDATA.”

(2) It is the intent of the Legislature to create a reliable and robust methodology that is consistent county-to-county so that statewide data and trends may be accurately tracked. Further, the legislation shall set low technological and resource barriers so that every affected office may meaningfully participate to the fullest intent of this article.

(3) The expediency and accuracy of the data is best served by the Department of Justice as a single data aggregator and repository unit. The participation of the department as the final point of collection, aggregation, and publishing of this data is more efficient, will ensure the uniformity and accuracy of the data, and, by providing the technological resources and aggregation and publication of all data, will allow offices that lack adequate technology or resources to comply with the mandate. As used in this paragraph, technological resources means providing the basic systems and support necessary to receive the case data described in this article in standard formats from prosecution agencies statewide and aggregate that data using appropriate means developed by the department, and then publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.

(b) (1) The department shall have the following objectives and mandate:

(A) Collection of the data described in subdivision (e), hereinafter referred to as data elements, within the timeframes described in this section from all state and local prosecutor offices that prosecute misdemeanors or felonies or both, including county district attorney offices, city attorney offices, and the Attorney General, hereinafter referred to as agencies. Collection of data elements includes providing cooperation and assistance to participating agencies and developing consistent and clear guidelines for how agencies are to define data elements transmitted to the department. The department shall develop consistent definitions and formats for data elements to ensure success of comparing metrics created using said data elements between jurisdictions.

(B) Transmission of data elements, defined as the method designated by the department for the participating agency to provide collected data elements to the department.

(C) Aggregation of data elements, defined as collecting data elements gathered from multiple agencies in such a way that they can support metrics, defined as the combination of data elements used to track outcomes on any given process or decision point, developed by the department, that may be compared between jurisdictions.

(D) Development of metrics, defined as using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using data elements submitted by the agencies. The methods implemented must ensure that the metrics developed can be compared between jurisdictions.

(E) Consistent with subdivision (g), publication of metrics, defined as using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors, including other metrics and filters including, but not limited to, defendant, victim, and case characteristics. This publication shall be made using a modern, open, and electronic format, such as comma-separated values (CSV) or similar file format, that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, case-level data available for download so that independent analyses can be conducted using the data. The department shall also ensure that personal identifying information is not published except as allowed by law, and the use of anonymized data may be employed for this purpose.

(F) By October 1, 2023, the department shall establish the Prosecutorial Transparency Advisory Board for the purpose of ensuring transparency, accountability, and equitable access to prosecutorial data. The primary responsibilities of the board shall be providing guidance to the department on any and all draft rules, regulations, policies, plans, reports, or other decisions made by the department in regard to this Act. The board shall include the following members:

(i) The Attorney General, or their designee.

(ii) The president of the California Public Defenders Association, or their designee, who shall consult with other members of the California Public Defenders Association to represent the geographic, population, and county size diversity of the state.

(iii) The president of the California District Attorneys Association, or their designee, who shall consult with other members of the California District Attorneys Association to represent the geographic, population, and county size diversity of the state.

(iv) An advisory committee member of the Prosecutors Alliance of California, or their designee, who shall consult with other advisory committee members and members of the Prosecutors Alliance of California to represent the geographic, population, and county size diversity of the state.

(v) The chairperson of the Committee on Revision of the Penal Code, or their designee.

(vi) A university professor who specializes in criminal justice data.

(vii) A data scientist who specializes in criminal justice data.

(viii) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.

(ix) Two representatives of community organizations who specialize in civil or human rights and criminal justice.

(x) Two representatives of tax-exempt organizations who specialize in criminal justice data.

(xi) Two individuals who have direct experience being prosecuted in the state’s criminal legal system.

(xii) Two individuals who have direct experience being a victim of a crime or the spouse, parents, children, siblings, or guardian of a crime victim, if the victim is deceased, a minor, or physically or psychologically incapacitated.

(xiii) Two representatives of organizations that provide services to crime victims.

(G) (i) By July 1, 2024, the department, in consultation with the Prosecutorial Transparency Advisory Board, shall develop a data dictionary that includes standardized definitions for each data element in subdivision (e) so that data elements transmitted to the department are uniform across all jurisdictions, taking into account any technical and practical limitations on the collection of that data element.

(ii) Upon completion of the data dictionary, the department shall share the data dictionary with all agencies statewide.

(2) The department shall assess and develop its capabilities in carrying out its functions using the following guidelines. The department shall do all of the following in carrying out its objectives and mandate:

(A) Use standardized practices in developing web pages, using what is commonly referred to as open web standards or standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).

(B) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.

(C) Use technology that is scalable so as to accommodate large increases in volume of data.

(D) Staff personnel familiar with web user-interface coding and web service coding.

(E) Except as provided in subdivisions (g) and (h), make all data available, including raw data elements and metrics, in a machine readable format with open format, nonproprietary file formats that will allow for download of complete data sets.

(F) Except as provided in subdivisions (g) and (h), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web Application Programming Interfaces that allow access to data directly through programs in addition to internet website publishing.

(G) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.

(H) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.

(I) Develop methods for archiving data, retrieving archived data, and data editing.

(c) (1) The operation of this article is contingent upon an adequate appropriation by the Legislature in the annual Budget Act or another statute for purposes of this article.

(2) Any funds disbursed to effectuate this article shall be used only for the purpose of administering this article.

(3) The recipient of any funds disbursed to effectuate this article shall provide a full public accounting of all of those funds.

(d) (1) Beginning March 1, 2027, every agency statewide shall collect every data element in subdivision (e) for cases in which a decision to reject charges or to initiate criminal proceedings by way of complaint or indictment has been made by that agency from that date forward. Each data element shall be collected according to the definitions provided in this section with any ambiguities to be resolved by the department in the data dictionary described in clause (i) of subparagraph (I) of paragraph (1) of subdivision (b) for uniform application statewide. Each data element shall be submitted in a format designated by the department to be the most appropriate and cost effective to carry out the objectives of this article. Any ambiguities regarding the substance or timing of the collection described in this paragraph shall be resolved by the department by letter guidelines issued to all prosecution agencies upon consultation with the Prosecutorial Transparency Advisory Board.

(2) Beginning June 1, 2027, every agency statewide, at the direction of the department, shall begin transmitting its required data elements to the department. The transmission shall occur on a quarterly basis until June 1, 2028, after which data elements shall be transmitted on a monthly basis. The department may require any agency to transmit data to the department before the deadlines stated in this paragraph for quality control purposes, including to ensure data consistency, compliance with standardized formats as determined by the department, and to ensure the agencies are ready to fully comply with this section as required for their deadlines.

(3) Beginning June 1, 2027, the department shall begin collecting data elements from all agencies statewide according to the timetable in paragraph (2). The department shall aggregate data elements for all agencies in order to publish this data from those agencies by June 1, 2028. This publication shall continue on a quarterly basis for one year, and then the publication shall occur on a monthly basis thereafter.

(4) It shall be an express exception to any sealing of a case or expungement of a case, whether by court order or by operation of law, or any rule of confidentiality or rule otherwise prohibiting disclosure provided by law that all data, pursuant to this section, shall be provided by the agencies to the department.

(e) Agencies shall collect and transmit to the department the following data elements in accordance with this section and under direction from the department. The department shall have discretion to resolve ambiguities in this subdivision consistent with the purposes of this section, including the development of uniform definitions for the required data elements. The department shall also have discretion to determine the form and format in which data elements shall be captured and transmitted.

Except as provided in subdivisions (g) and (h), for each case, the following data elements shall be gathered and published as described in this section. For purposes of this article, a case is defined as a collection of charges filed by an agency on a particular date to initiate a criminal prosecution for a felony or a misdemeanor. A case dismissed and later refiled shall only be counted as one case. The collection of charges filed by an agency against multiple defendants in a single charging document shall each be an individual case for each such defendant.

(1) The court case number used by the court to identify a case. The court case number shall be assigned to each case and charge within a case prosecuted by the agency.

(2) The Internal Case Number (ICN) assigned to each case by the Case Management System (CMS). This number shall be assigned to each case and charge within a case prosecuted by the agency. If the agency does not currently use an ICN, the agency shall create and apply an ICN as directed by the department.

(3) Whether the case is pending, has concluded, is on appeal, or is inactive, such as when a defendant is in warrant status.

(4) The ZIP Code where most of the acts comprising the crimes charged occurred.

(5) The date of the crime. If multiple crime dates are alleged, the date of the crime shall be the earliest date alleged in the charging document.

(6) The name and Originating Agency Identifier (ORI), as designated by the National Law Enforcement Telecommunications System, of the law enforcement agency that investigated the case for submission to the prosecutor.

(7) The ZIP Code of the arrest.

(8) The date of the arrest.

(9) Each charge and enhancement, including any special circumstance or special allegation, referred by law enforcement, including a uniform description, statute number, and level, either felony or misdemeanor.

(10) The date on which charges were filed, the case was discharged, or the case was returned for further investigation.

(11) Each charge, enhancement, and special circumstance or special allegation filed by the agency in the initial charging document.

(12) For each case declined to prosecute, each charge that the agency declined to prosecute.

(13) The county in which the case was filed.

(14) The date on which the defendant initially entered a plea to the charges.

(15) The date on which the defendant first appeared in a case, whether or not an arraignment took place.

(16) The date on which bail or bond was set by the court in open court and the amount of bail set.

(17) The agency pretrial release recommendation for each case, as stated in open court, as described in standardized terms developed by the department.

(18) The prosecution bail recommendation for each case stated in open court according to standardized terms developed by the department.

(19) The court pretrial detention determination at arraignment as described in standardized terms developed by the department.

(20) Whether the defendant posted bail.

(21) The date of any release from custody, the reason for release, and the terms of that release. The department shall develop standardized terms for this data element.

(22) The start and end date for every period of pretrial detention for a defendant in a case and the reason for that detention as described in standardized terms provided by the department.

(23) The date of any amendments adding charges or enhancements to a charging document, including a complaint, indictment, or information.

(24) The charges, enhancements, special circumstances, or special allegations added to a charging document by amendment.

(25) The date on which the first plea bargain offer was made by the agency to each defendant. For purposes of this section, plea bargain offer is defined as the terms of resolution of a case made by the agency that are ultimately transmitted to the defendant by their counsel for consideration, which is commonly called a “bona fide offer” or, if the defendant is in propria persona, the first offer to resolve a case transmitted to the defendant on any given date.

(26) The terms of the initial plea bargain offer communicated to the defendant or the defendant’s counsel. The department shall develop a standardized method to capture the terms of the initial plea bargain offer according to uniform definitions.

(27) Whether the prosecutor determined that the defendant was eligible for diversion. For purposes of this section, diversion is defined as a program, either as created and defined by state law or an agency, by which charges are reduced or dismissed as part of participation in alternatives to prosecution such as counseling, therapy, restorative justice principles, or periods of noncriminality.

(28) Whether the defendant was offered a diversion program by the agency.

(29) Whether the court granted or denied a motion for diversion as allowed by law, if such a motion was made.

(30) Whether the defendant agreed to participate in a diversion program.

(31) Whether the agency opposed the defendant’s request for diversion, if that request was made in open court, and the reason for the opposition, if given in open court, using standardized terms, including the following:

(A) “Public safety.”

(B) “Criminal history.”

(C) “Failure of the defendant to consent.”

(D) “Failure of the defendant to comply with current or prior diversion program terms.”

(E) “Statutory ineligibility.”

(F) “Discretion.”

(G) “Other.”

(32) The type of diversion according to standardized terms to be developed by the department, including terms to describe each of the following:

(A) Mental health diversion pursuant to Section 1001.36.

(B) Veteran diversion pursuant to Section 1001.80.

(C) Misdemeanor diversion pursuant to Section 1001.95.

(D) Drug diversion pursuant to Section 1000.

(E) Other diversion.

(33) Whether the prosecutor determined that the defendant was eligible for collaborative court. For purposes of this section, collaborative court is a program wherein the prosecution of the case is stayed in order to engage in any collaborative process, such as by the agency, the public defender, and the court, to address underlying issues such as chemical dependency or mental health issues.

(34) Whether the court granted or denied a motion for collaborative court, if such a motion was made.

(35) Whether the defendant agreed to participate in a collaborative court program.

(36) Whether the agency opposed the defendant’s request for collaborative court, if that request was made in open court, and the reason, if given in open court, for the opposition, using standardized terms, including the following:

(A) “Public safety.”

(B) “Criminal history.”

(C) “Failure of the defendant to consent.”

(D) “Failure of the defendant to comply with current or prior collaborative court program terms.”

(E) “Statutory ineligibility.”

(F) “Discretion.”

(G) “Other.”

(37) The type of collaborative court according to standardized terms to be developed by the department, including terms to describe each of the following:

(A) Mental health collaborative court.

(B) Veteran collaborative court.

(C) Drug or DUI collaborative court.

(D) Community or homeless collaborative court.

(E) Other collaborative court.

(38) The date on which a charge was resolved, whether by dismissal, acquittal, conviction, or other grounds.

(39) The disposition of each charge and enhancement, including any special circumstance or special allegation. Specifically, whether the charge or enhancement was resolved by dismissal, acquittal or not true finding, or conviction. If conviction, whether the conviction was by plea or by trial.

(40) For any special circumstance alleged in the charging document, whether the defendant was alleged to be the actual killer as defined by paragraph (1) of subdivision (e) of Section 189.

(41) The date a sentence was imposed by the court.

(42) The sentence imposed by the court, including any restitution, fines, and period of incarceration imposed.

(43) Whether or not the agency engaged in any postconviction resentencing, defined for purposes of this section as any resentencing where, after judgment and sentencing on a case, the agency revisited the sentence, including, but not limited to, proceedings under Section 1172.1, and the outcome of that resentencing.

(44) Whether or not the agency engaged in any parole proceedings, the formal recommendation of the agency during that proceeding, and the outcome of that proceeding.

(45) Whether or not the agency engaged in any commutation or pardon proceedings, the official recommendation of the agency for those proceedings, and the outcome of those proceedings.

(46) Whether a motion was made by a party under Section 231.7 of the Code of Civil Procedure, the party making the motion, and the result of that motion.

(47) Whether a criminal informant was used and whether that informant was used in a custodial or noncustodial setting. This paragraph shall apply only if the existence and nature of the informant was disclosed as part of the public proceedings of the case.

(48) Whether competency proceedings were initiated under Section 1368, 1368.1, or 1369 and the result of those proceedings.

(49) Whether the last attorney of record at the conclusion of the case was private, publicly retained, or whether the defendant was in propria persona.

(50) Whether the defendant pled not guilty by reason of insanity.

(51) Whether conservatorship proceedings were instituted.

(52) For each defendant charged in a case, all of the following:

(A) Their name.

(B) The Criminal Identification and Information/State Identification number assigned by the department.

(C) The date of birth.

(D) The defendant’s anonymized identifier created by CMS within the agency. If the agency does not currently use an anonymized identifier created by CMS, the agency shall create and apply an anonymized identifier as directed by the department.

(E) The defendant’s age at the time of the crime.

(F) The defendant’s race as determined according to standardized definitions developed by the department.

(G) The source of the information regarding the defendant’s race. The department shall develop a standardized list of sources of information regarding a defendant’s race, including, but not limited to, defendant’s advocate or record of arrests and prosecution.

(H) The defendant’s ethnicity as determined according to standardized definitions developed by the department.

(I) The source of the information regarding the defendant’s ethnicity. The department shall develop a standardized list of sources of information regarding a defendant’s ethnicity.

(J) Whether the defendant or their counsel has identified in open court or in a filing with the court that the defendant has a physical disability or a disability as described in the Diagnostic and Statistical Manual of Mental Disorders.

(K) The type of disability so identified, if any.

(L) The defendant’s gender.

(M) Whether the defendant has disclosed to the prosecution that they identify as transgender, nonbinary, or intersex.

(N) The defendant’s county of residence, if reflected in the court record, including, if the defendant is unhoused, an approximation of the county of residence as determined from direction by the department.

(O) Whether the defendant was on probation at the time the acts comprising the crime charged occurred.

(P) Whether the defendant was on parole at the time the acts comprising the crime charged occurred.

(Q) Whether or not the defendant was required to register as a sex offender under Sections 290 to 290.024, inclusive, at the time the acts comprising the crime charged occurred.

(53) For each victim, all of the following:

(A) Whether there was a victim identified.

(B) The race.

(C) The ethnicity.

(D) The age at the time of the crime.

(E) Gender identification.

(F) Whether the victim made a request to the court to drop the charges or indicated to the court that they would not be willing to testify or that they would be willing to testify.

(54) For each agency or division, if only select divisions perform criminal prosecution within an agency, all of the following data shall be reported by July 1 each year:

(A) The number of full-time or full-time equivalent attorneys who carry nonappellate adult criminal caseloads as of the reporting date.

(B) The number of part-time attorneys who carry nonappellate adult criminal caseloads as of the reporting date.

(C) The number of investigators employed by the office as of the reporting date.

(D) The number of personnel dedicated to providing victim services employed by the office as of the reporting date.

(E) The average annual felony caseload for attorneys who carry nonappellate adult criminal caseloads for the preceding calendar year.

(F) The average annual misdemeanor caseload for attorneys who carry nonappellate adult criminal caseloads for the preceding calendar year.

(G) The office limits, if any, regarding the number of felony cases a single attorney can carry over a one-year period.

(H) The office limits, if any, regarding the number of misdemeanor cases a single attorney can carry over a one-year period.

(I) The number of victims the prosecutor’s victim’s services unit contacted, and number of victims the prosecutor’s victim’s services unit provided services to during the reporting period. For purposes of this section, services are defined as tangible resources or assistance with recovering tangible resources including, but not limited to, seeking reimbursement from the California Victim Compensation Board, residence relocation, or application for a U visa. Services do not include informing victims of court dates and relaying case information or offers to plea a case.

(f) (1) All of the following data shall be collected by the department from the appropriate division within the department with respect to each defendant in the cases identified and reported by a prosecuting agency pursuant to subdivision (e):

(A) The number of prior felony convictions and statutory charges comprising prior felony convictions.

(B) The number of prior felony arrests.

(C) The number of misdemeanor arrests and convictions and statutory charges comprising prior misdemeanor convictions.

(D) Whether an appeal was filed following the disposition of the case, the basis for the appeal, whether the appeal was contested by the prosecuting agency, and the resolution of the appeal.

(2) The division shall include the Criminal Identification and Information/State Identification number assigned to each defendant with the data provided in paragraph (1).

(g) (1) Except as provided in paragraphs (2) and (3) and notwithstanding any other law, the department shall publish the information contained in the data elements described in subdivisions (e) and (f).

(2) The following information shall not be published:

(A) The defendant’s name.

(B) The defendant’s date of birth.

(C) The criminal identification and information/state identification number assigned to each defendant.

(D) The defendant’s anonymized identifier created by CMS within the agency.

(E) The ICN assigned to each case by the agency CMS.

(F) The court case number used by the court to identify a case.

(G) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime, as defined by the department in consultation with the Prosecutorial Transparency Advisory Board through regulations. The department, in consultation with the Prosecutorial Transparency Advisory Board, shall develop protocols and regulations to protect personally identifying information and privacy while maximizing the data available to the public.

(3) Dissemination of data under subparagraph (Q) of paragraph (52) of subdivision (e) shall comply with Sections 290.45, 290.46, and 290.021.

(h) Notwithstanding paragraph (2) of subdivision (g), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, every bona fide research institution concerned with the quality of the criminal legal system may be provided with the information contained in the data elements described in subdivisions (e) and (f), including the information described in paragraph (2) of subdivision (g), as required for the performance of its duties, including the conduct of research. The material identifying individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals. The department, in consultation with the Prosecutorial Transparency Advisory Board, shall develop regulations consistent with this subdivision.

history: (History: Added by Stats. 2022, Ch. 787, Sec. 1. (AB 2418) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.)

title: 3. CRIMINAL STATISTICS

path: 3. CRIMINAL STATISTICS > 2. Criminal Offender Record Information > 9. Justice Data Accountability and Transparency Act


kind: section

code: PEN

text:
(a) The Legislative Analyst’s Office shall prepare a report, to be submitted to the Legislature on June 30, 2026, evaluating the results of Assembly Bill 109 of the 2011–12 Regular Session over the previous 10 years, including, but not limited to, the following:

(1) The amount of funding received per county and how that funding was allocated, including, but not limited to, the following categories:

(A) Funding received by department or agency.

(B) All types of facilities construction.

(C) The number and type of additional personnel.

(D) Rehabilitative programming.

(E) Any other services.

(2) Information on sentencing practices, including the use of straight sentencing, split sentencing, probation, diversion, and any other alternatives to custody.

(3) The impact on the county jail population as based on changes to the average monthly jail population, whether there were changes in jail release policies, and whether the county jail was under any court-ordered population cap.

(4) Information on postrelease community supervision practices, including caseload of probation officers, responses to supervision violations, including describing the sanctions used and particularly the use of flash incarceration, and programming and services offered.

(5) Recidivism outcomes, as defined by rearrest and reconviction rates after release from custody for offenders sentenced under subdivision (h) of Section 1170, and those released on postrelease community supervision.

(b) The report may be based on data from every county, or alternatively, a multicounty study using data from at least 15 counties representative of the state.

(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this chapter is repealed on June 30, 2030.

history: (History: Added by Stats. 2023, Ch. 96, Sec. 1. (AB 1080) Effective January 1, 2024. Repealed as of June 30, 2030, by its own provisions. Note: Repeal affects Chapter 2.5, commencing with Sec. 13400, consisting of this section.)

title: 3. CRIMINAL STATISTICS

path: 3. CRIMINAL STATISTICS > 2.5. Criminal Justice Realignment Evaluation


text:
(a) There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.

(b) The commission shall be composed of the following members:

(1) Two members shall be (i) sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.

(2) Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.

(3) Four members shall be peace officers of the rank of sergeant or below with a minimum of five years’ experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.

(4) One member shall be an elected officer or chief administrative officer of a county in this state.

(5) One member shall be an elected officer or chief administrative officer of a city in this state.

(6) Two members shall be public members who shall not be peace officers.

(7) One member shall be an educator or trainer in the field of criminal justice.

(8) One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.

(c) In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:

(1) Implicit and explicit bias.

(2) Cultural competency.

(3) Mental health and policing.

(4) Work with vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.

(d) The Attorney General shall be an ex officio member of the commission.

(e) All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor.

(f) Notwithstanding any other law, the commission is authorized to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission’s duties.

(g) It is the intent of the Legislature in enacting subdivision (f) to recognize that the commission is considered a criminal justice agency under Section 13101 and may have access to information derived from criminal justice databases.

history: (History: Amended by Stats. 2025, Ch. 32, Sec. 2. (AB 354) Effective July 14, 2025.)

article: 1. Administration

path: 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS > 1. Commission on Peace Officer Standards and Training > 1. Administration


text: The Governor shall designate the chair of the commission from among the members of the commission. The person designated as the chair shall serve at the pleasure of the Governor. The commission shall annually select a vice chair from among its members. A majority of the members of the commission shall constitute a quorum.

history: (History: Amended by Stats. 2016, Ch. 33, Sec. 35. (SB 843) Effective June 27, 2016.)

title: 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS

chapter: 1. Commission on Peace Officer Standards and Training

article: 1. Administration


text: Members of the commission shall receive no compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. For purposes of compensation, attendance at meetings of the commission shall be deemed performance by a member of the duties of his local governmental employment.

history: (History: Added by Stats. 1959, Ch. 1823.)

article: 1. Administration


text:
In carrying out its duties and responsibilities, the commission shall have all of the following powers:

(a) To meet at those times and places as it may deem proper.

(b) To employ an executive secretary and, pursuant to civil service, those clerical and technical assistants as may be necessary.

(c) To contract with other agencies, public or private, or persons as it deems necessary, for the rendition and affording of those services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities.

(d) To cooperate with and to secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and in performing its other functions.

(e) To develop and implement programs to increase the effectiveness of law enforcement and when those programs involve training and education courses to cooperate with and secure the cooperation of state-level peace officers, agencies, and bodies having jurisdiction over systems of public higher education in continuing the development of college-level training and education programs.

(f) To investigate and determine the fitness of any person to serve as a peace officer within the Peace Officer Standards and Training program or as defined in Section 13510.1 in the State of California.

(g) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government.

(h) To audit any law enforcement agency that employs peace officers described in subdivision (a) of Section 13510.1, without cause and at any time.

(i) To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.

history: (History: Amended by Stats. 2021, Ch. 409, Sec. 6. (SB 2) Effective January 1, 2022.)

article: 1. Administration


text:
(a) Commission employees, prospective employees, appointees, volunteers, contractors, and subcontractors, whose job duties require access to criminal offender record information as defined in Section 13102, state summary criminal history information as defined in Section 11105, or information obtained from the California Law Enforcement Telecommunications System, shall undergo a fingerprint-based state and national criminal history background check.

(b) The commission shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal level response pursuant to subdivision (l) of Section 11105.

history: (History: Added by Stats. 2025, Ch. 32, Sec. 3. (AB 354) Effective July 14, 2025.)

article: 1. Administration


text:
(a) Commencing February 1, 2020, and each year thereafter, the commission shall submit an annual report to the Legislature, in compliance with Section 9795 of the Government Code, on the overall effectiveness of any additional funding appropriated by the Legislature on or after July 1, 2019, in improving peace officer training. For the purpose of this section, “additional funding” does not include General Fund resources provided to backfill declines in non-General Fund revenue in the 2019 Budget Act.

(b) At minimum, the reporting described in subdivision (a) shall include both of the following:

(1) The number of peace officers trained by law enforcement agency, by course, and by how training was delivered.

(2) The training provided and the descriptions of the training, including the duration of the training and the skills addressed in the training.

(c) To the extent that information required in subdivision (b) is not yet available for a particular annual report, the commission shall report on how it plans to measure and report that information in the future. The commission also shall specify the date by which it anticipates that the information will be available for reporting.

history: (History: Added by Stats. 2019, Ch. 25, Sec. 45. (SB 94) Effective June 27, 2019.)

article: 1. Administration


text: The Attorney General shall, so far as compatible with other demands upon the personnel in the Department of Justice, make available to the commission the services of such personnel to assist the commission in the execution of the duties imposed upon it by this chapter.

article: 1. Administration


text: In exercising its functions, the commission shall endeavor to minimize costs of administration so that a maximum of funds will be expended for the purpose of providing training and other services to local law enforcement agencies. All expenses shall be a proper charge against the revenue accruing under Article 3 (commencing with Section 13520).

history: (History: Amended by Stats. 1985, Ch. 106, Sec. 112.)

article: 1. Administration


text: The commission may adopt those regulations as are necessary to carry out the purposes of this chapter.

history: (History: Amended by Stats. 2021, Ch. 409, Sec. 7. (SB 2) Effective January 1, 2022.)

article: 1. Administration


text:
As used in this chapter, “district” means any of the following:

(a) A regional park district.

(b) A district authorized by statute to maintain a police department.

(c) The University of California.

(d) The California State University and Colleges.

(e) A community college district.

(f) A school district.

(g) A transit district.

(h) A harbor district.

history: (History: Amended by Stats. 1989, Ch. 950, Sec. 3.)

article: 1. Administration


text: As used in this chapter, “joint powers agency” means any agency, entity, or authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code.

history: (History: Added by Stats. 2013, Ch. 59, Sec. 8. (SB 514) Effective January 1, 2014.)

article: 1. Administration


text:
(a) The commission shall do each of the following:

(1) Establish a learning technology laboratory that would conduct pilot projects with regard to needed facilities and otherwise implement modern instructional technology to improve the effectiveness of law enforcement training.

(2) Develop an implementation plan for the acquisition of law enforcement facilities and technology. In developing this plan, the commission shall consult with appropriate law enforcement and training organizations. The implementation plan shall include each of the following items:

(A) An evaluation of pilot and demonstration projects.

(B) Recommendations for the establishment of regional skills training centers, training conference centers, and the use of modern instructional technology.

(C) A recommended financing structure.

(b) The commission may enter into joint powers agreements with other governmental agencies for the purpose of developing and deploying needed technology and facilities.

(c) Any pilot project conducted pursuant to this section shall terminate on or before January 1, 1995, unless funding is provided for the project continuation.

history: (History: Amended by Stats. 2004, Ch. 193, Sec. 155. Effective January 1, 2005.)

article: 1. Administration


text:
(a) There is within the commission a Peace Officer Standards Accountability Division, hereafter referred to in this chapter as the division.

(b) The primary responsibilities of the division shall be to review investigations conducted by law enforcement agencies or any other investigative authority and to conduct additional investigations, as necessary, into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification, present findings and recommendations to the board and commission, and bring proceedings seeking the suspension or revocation of certification of peace officers as directed by the board and commission pursuant to this chapter.

(c) The division shall be staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of decertification investigations, prosecutions, and administrative proceedings against peace officers.

(d) The commission shall establish procedures for accepting complaints from members of the public regarding peace officers or law enforcement agencies that may be investigated by the division or referred to the peace officers’ employing agency or the Department of Justice.

history: (History: Added by Stats. 2021, Ch. 409, Sec. 8. (SB 2) Effective January 1, 2022.)

article: 1. Administration


text:
(a) No later than January 1, 2023, the Governor shall establish the Peace Officer Standards Accountability Advisory Board, hereafter referred to in this chapter as the board.

(b) The purpose of the board shall be to make recommendations on the decertification of peace officers to the commission.

(c) The protection of the public and all constitutional and statutory rights shall be the highest priority for the board as it upholds the standards for peace officers in California.

(d) The board shall consist of nine members, as follows:

(1) One member shall be a peace officer or former peace officer with substantial experience at a command rank, appointed by the Governor.

(2) One member shall be a peace officer or former peace officer with substantial experience at a management rank in internal investigations or disciplinary proceedings of peace officers, appointed by the Governor.

(3) Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at nonprofit or academic institutions on issues related to police accountability. One of these members shall be appointed by the Governor and one by the Speaker of the Assembly.

(4) Two members shall be members of the public, who shall not be former peace officers, who have substantial experience working at community-based organizations on issues related to police accountability. One of these members shall be appointed by the Governor and one by the Senate Rules Committee.

(5) Two members shall be members of the public, who shall not be former peace officers, with strong consideration given to individuals who have been subject to wrongful use of force likely to cause death or serious bodily injury by a peace officer, or who are surviving family members of a person killed by the wrongful use of deadly force by a peace officer, appointed by the Governor.

(6) One member shall be an attorney, who shall not be a former peace officer, with substantial professional experience involving oversight of peace officers, appointed by the Governor.

(e) Except as otherwise provided in subdivision (f), each member shall be appointed for a term of three years and shall hold office until the appointment of the member’s successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first. Vacancies occurring shall be filled by appointment for the unexpired term of a person with the same qualification for appointment as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any peace officer member whose certification as a peace officer has been revoked. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause.

(f) Of the members initially appointed to the board, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Successor appointments shall be made pursuant to subdivision (e).

(g) The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall serve as chair of the board at the pleasure of the Governor. The board shall annually select a vice chair from among its members. A majority of the members of the board shall constitute a quorum.

(h) Each member of the board shall receive a per diem of three hundred fifty dollars ($350) for each day actually spent in the discharge of official duties, including any required training and reasonable time spent in preparation for public hearings, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Upon request of a member based on financial necessity, the commission shall arrange and make direct payment for travel or other necessities rather than providing reimbursement.

(i) All members of the board shall complete a 40-hour decertification training course, as developed by the commission, which shall include, but not be limited to, subjects regarding the decertification process, internal investigations, evidentiary standards, use of force standards and training, and local disciplinary processes.

history: (History: Added by Stats. 2021, Ch. 409, Sec. 9. (SB 2) Effective January 1, 2022.)

article: 1. Administration


text:
(a) (1) For the purpose of raising the level of competence of local law enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing and upholding minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriff’s office, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments.

(2) The commission also shall adopt, and may from time to time amend, rules establishing minimum standards for training of city police officers, peace officer members of county sheriff’s offices, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, and housing authority police departments.

(3) These rules shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter and shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) The commission shall conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability. Job-related standards that are supported by this research shall be adopted by the commission prior to January 1, 1985, and shall apply to those peace officer classes identified in subdivision (a). The commission shall consult with local entities during the conducting of related research into job-related selection standards.

(c) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies described in subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter. These standards also shall apply to consolidated dispatch centers operated by an independent public joint powers agency established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code when providing dispatch services to the law enforcement personnel listed in subdivision (a). Those rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “primary responsibility” refers to the performance of law enforcement dispatching duties for a minimum of 50 percent of the time worked within a pay period.

(d) This section does not prohibit a local agency from establishing selection and training standards that exceed the minimum standards established by the commission.

history: (History: Amended by Stats. 2021, Ch. 409, Sec. 11. (SB 2) Effective January 1, 2022.)

path: 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS > 1. Commission on Peace Officer Standards and Training > 2. Field Services, Standards, and Certification


text:
(a) The commission shall establish a certification program for peace officers described in Section 830.1, 830.2 with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program. A certificate or proof of eligibility issued pursuant to this section shall be considered the property of the commission.

(b) Basic, intermediate, advanced, supervisory, management, and executive certificates shall be established for the purpose of fostering professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officer members of city police departments, county sheriffs’ departments, districts, university and state university and college departments, or by the California Highway Patrol.

(c) (1) Certificates shall be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission.

(2) In determining whether an applicant for certification has the requisite education, the commission shall recognize as acceptable college education only the following:

(A) Education provided by a community college, college, or university that has been accredited by the department of education of the state in which the community college, college, or university is located or by a recognized national or regional accrediting body.

(B) Until January 1, 1998, educational courses or degrees provided by a nonaccredited but state-approved college that offers programs exclusively in criminal justice.

(d) Persons who are determined by the commission to be eligible peace officers may make application for the certificates, provided they are employed by an agency that participates in the POST program. Any agency appointing an individual who does not already have a basic certificate as described in subdivision (a) and who is not eligible for a certificate shall make application for proof of eligibility within 10 days of appointment.

(e) The commission shall assign each person who applies for or receives certification a unique identifier that shall be used to track certification status from application for certification through that person’s career as a peace officer.

(f) Notwithstanding any other provision of law, the commission shall have the authority to suspend, revoke, or cancel any certification pursuant to this chapter. This authority extends to any certificate or proof of eligibility issued by the commission including, without limitation, any certificate or proof of eligibility that is invalid, inactive, expired, or canceled.

(g) (1) An agency that employs peace officers described in subdivision (a) shall employ as a peace officer only individuals with current, valid certification pursuant to this section, except that an agency may provisionally employ a person for up to 24 months, pending certification by the commission, provided that the person has received a proof of eligibility and has not previously been certified or denied certification or had their certification revoked.

(2) In accordance with subdivision (b) of Section 832.4, deputy sheriffs described in subdivision (c) of Section 830.1 shall obtain valid certification pursuant to this section upon reassignment from custodial duties to general law enforcement duties.

(h) (1) Notwithstanding subdivision (d), the commission shall issue a basic certificate or proof of eligibility to any peace officer described in subdivision (a) who, on January 1, 2022, is eligible for a basic certificate or proof of eligibility but has not applied for a certification.

(2) Commencing on January 1, 2023, any peace officer described in subdivision (a) who does not possess a basic certificate and who is not yet or will not be eligible for a basic certificate, shall apply to the commission for proof of eligibility.

(i) As used in this chapter, “certification” means any and all valid and unexpired certificates issued pursuant to subdivision (b), including basic, intermediate, advanced, supervisory, management, and executive certificates or any proof of eligibility issued by the commission pursuant to this section.

history: (History: Amended by Stats. 2023, Ch. 397, Sec. 1. (SB 449) Effective January 1, 2024.)

article: 2. Field Services, Standards, and Certification


text:
Any person who knowingly commits any of the following acts is guilty of a misdemeanor, and for each offense is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail not to exceed one year, or by both a fine and imprisonment:

(a) Presents or attempts to present as the person’s own the certificate of another.

(b) Knowingly permits another to use his or her certificate.

(c) Knowingly gives false evidence of any material kind to the commission, or to any member thereof, including the staff, in obtaining a certificate.

(d) Uses, or attempts to use, a canceled certificate.

history: (History: Added by Stats. 1984, Ch. 43, Sec. 3.)


text:
(a) The commission shall establish, by December 31, 1997, and in consultation with representatives of law enforcement organizations, a voluntary professional certification program for law enforcement records supervisors who have primary responsibility for providing records supervising services for local law enforcement agencies. The certificate or certificates shall be based upon standards related to the education, training, and experience of law enforcement records supervisors and shall serve to foster professionalism and recognition of achievement and competency.

(b) As used in this section, “primary responsibility” refers to the performance of law enforcement records supervising duties for a minimum of 50 percent of the time worked within a pay period.

history: (History: Added by Stats. 1996, Ch. 591, Sec. 1. Effective January 1, 1997.)


text:
(a) A peace officer trainee who, based on the commission’s investigative findings, knowingly cheats, assists in cheating, or aids, abets, or knowingly conceals efforts by others to cheat in any manner on a basic course examination mandated by the commission shall be liable for a civil fine of not more than one thousand dollars ($1,000) per occurrence.

(b) For purposes of this section, “cheating” means any attempt or act by a peace officer trainee to gain an unfair advantage or give an unfair advantage to another peace officer trainee or group of trainees taking a POST-mandated basic course examination.

(c) For purposes of this section, “peace officer trainee” means an applicant for a basic course examination who has not been hired by a department or agency and who has not been sworn as a peace officer.

history: (History: Added by Stats. 2012, Ch. 372, Sec. 1. (AB 2285) Effective January 1, 2013.)


text: For the purpose of maintaining the level of competence of state law enforcement officers, the commission shall adopt, and may, from time to time amend, rules establishing minimum standards for training of peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who are employed by any railroad company, the University of California police department, a California State University police department, the Department of Alcoholic Beverage Control, the Division of Investigation of the Department of Consumer Affairs, the Wildlife Protection Branch of the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, including the Office of the State Fire Marshal, the Department of Motor Vehicles, the California Horse Racing Board, the Food and Drug Section of the State Department of Public Health, the Division of Labor Standards Enforcement, the Director of Parks and Recreation, the State Department of Health Care Services, the Department of Toxic Substances Control, the State Department of Social Services, the State Department of State Hospitals, the State Department of Developmental Services, the Office of Statewide Health Planning and Development, and the Department of Justice. All rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 408. (AB 731) Effective January 1, 2016.)


text: Notwithstanding any other law, information that identifies the testing results of a particular student of a regular basic course of peace officer training is confidential and shall not be released to the public unless otherwise subject to disclosure under Section 832.7.

history: (History: Added by Stats. 2019, Ch. 172, Sec. 2. (AB 332) Effective January 1, 2020.)


text:
(a) The commission shall establish a definition of “biased conduct” that, at a minimum, includes all of the following:

(1) Biased conduct includes any conduct, including, but not limited to, conduct online, such as social media use, engaged in by a peace officer in any encounter with the public, first responders, or employees of criminal justice agencies, as defined in Section 13101, motivated by bias toward any person’s protected class or characteristic, whether actual or perceived, that is described in subdivision (b) of Section 51 of the Civil Code.

(2) Biased conduct may result from implicit and explicit biases.

(3) Conduct is biased if a reasonable person with the same training and experience would conclude, based upon the facts, that the officer’s conduct resulted from bias towards that person’s membership in a protected class described in paragraph (1).

(4) An officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct.

(b) When investigating any bias-related complaint or incident that involves possible indications of officer bias, a law enforcement agency shall determine whether the conduct being investigated constitutes “biased conduct,” using the definition developed by the commission in accordance with subdivision (a).

(c) The commission shall develop guidance for local law enforcement departments on performing effective internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups.

(d) In the investigation of any complaint involving any law enforcement activity described in subdivision (e) of Section 13519.4, the investigating law enforcement agency shall determine if racial profiling, as defined in that section, occurred.

(e) This section shall become operative on January 1, 2026.

history: (History: Added by Stats. 2023, Ch. 439, Sec. 1. (AB 443) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)


text:
(a) Whenever any person holding a certificate issued pursuant to Section 13510.1 is determined to be disqualified from holding office or being employed as a peace officer for the reasons set forth in subdivision (a) of Section 1029 of the Government Code, the commission shall cause the following to be entered in the commission’s training record for that person: “THIS PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 1029(a).”

(b) Whenever any person who is required to possess a basic certificate issued by the commission pursuant to Section 832.4 or who is subject to subdivision (a) of Section 13510.1 is determined to be disqualified from holding office or being employed as a peace officer for the reasons set forth in subdivision (a) of Section 1029 of the Government Code, the commission shall notify the law enforcement agency that employs the person that the person is ineligible to be a peace officer in California pursuant to subdivision (a) of Section 1029 of the Government Code.

(c) After the time for filing a notice of appeal has passed, or where the remittitur has been issued following the filing of a notice of appeal, in a criminal case establishing the ineligibility of a person to be a peace officer as specified in subdivision (b), or in the event a conviction of the offense requiring or accompanying ineligibility is subsequently overturned or reversed by the action of a court of competent jurisdiction, the person shall notify the commission in writing and provide documentation of the court’s action.

(d) Upon written request of a person who is eligible for reinstatement pursuant to paragraph (2) of subdivision (b) of Section 1029 of the Government Code because of successful completion of probation pursuant to Section 1210.1 of the Penal Code, and who has provided court documentation that he or she has had eligibility restored, the commission shall remove the notation “THIS PERSON IS INELIGIBLE TO BE A PEACE OFFICER IN CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 1029(a)” in the commission’s training record for that person. The removal of this notation of ineligibility in the person’s training record shall not create a mandate that the person be hired by any agency.

history: (History: Amended by Stats. 2024, Ch. 80, Sec. 105. (SB 1525) Effective January 1, 2025.)


text:
(a) (1) The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.

(2) The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b).

(3) The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification.

(b) By January 1, 2023, the commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following:

(1) Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.

(2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.

(3) Physical abuse, including, but not limited to, the excessive or unreasonable use of force.

(4) Sexual assault, as described in subdivision (b) of Section 832.7.

(5) Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution.

(6) Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.

(7) Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group.

(8) Failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to this chapter. For purposes of this paragraph, the lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate.

(9) Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.

(c) (1) Beginning no later than January 1, 2023, each law enforcement agency shall be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status.

(2) The division shall promptly review any grounds for decertification described in subdivision (a) received from an agency. The division shall have the authority to review any agency or other investigative authority file, as well as to conduct additional investigation, if necessary. The division shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System and any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. The division shall only have authority to review and investigate allegations for purposes of decertification.

(3) (A) The board, in their discretion, may request that the division review an investigative file or recommend that the commission direct the division to investigate any potential grounds for decertification of a peace officer. Those requests and recommendations from the board to the division or commission must be based upon a decision by a majority vote.

(B) The commission, in its discretion, may direct the division to review an investigative file. The commission, either upon its own motion or in response to a recommendation from the board, may direct the division to investigate any potential grounds for decertification of a peace officer.

(C) The division, in its discretion, may investigate without the request of the commission or board any potential grounds for revocation of certification of a peace officer.

(4) The division, in carrying out any investigation initiated pursuant to this section or any other duty shall have all of the powers of investigation granted pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

(5) Notwithstanding any other law, the investigation shall be completed within three years after the receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to deny, suspend, or revoke certification issued pursuant to paragraph (1) of subdivision (a) of Section 13510.85. The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the peace officer. The commission shall consider the peace officer’s prior conduct and service record, and any instances of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation.

(6) An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission to investigate, suspend, or revoke a peace officer’s certification pursuant to this section. Whether a particular factual or legal determination in a prior appeal proceeding shall have preclusive effect in proceedings under this chapter shall be governed by the existing law of collateral estoppel.

(d) Upon arrest or indictment of a peace officer for any crime described in Section 1029 of the Government Code, or discharge from any law enforcement agency for grounds set forth in subdivision (a), or separation from employment of a peace officer during a pending investigation into allegations of serious misconduct, the executive director shall order the immediate temporary suspension of any certificate or proof of eligibility held by that peace officer upon the determination by the executive director that the temporary suspension is in the best interest of the health, safety, or welfare of the public. The order of temporary suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a temporary suspension order, proceedings of the commission in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in this section. The temporary suspension shall continue in effect until issuance of the final decision on revocation pursuant to this section or until the order is withdrawn by the executive director.

(e) Records of an investigation of any person by the commission shall be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of the complaint.

(f) Any peace officer may voluntarily surrender their certification permanently. Voluntary permanent surrender of certification pursuant to this subdivision shall have the same effect as revocation. Voluntary permanent surrender is not the same as placement of a valid certification into inactive status during a period in which a person is not actively employed as a peace officer. A permanently surrendered certification cannot be reactivated.

(g) (1) The commission may initiate proceedings to revoke or suspend a peace officer’s certification for conduct that occurred before January 1, 2022, only for either of the following:

(A) Serious misconduct pursuant to paragraph (1) or (4) of subdivision (b) or pursuant to paragraph (3) of subdivision (b) for the use of deadly force that results in death or serious bodily injury.

(B) If the employing agency makes a final determination regarding its investigation of the misconduct after January 1, 2022.

(2) Nothing in this subdivision prevents the commission from considering the peace officer’s prior conduct and service record in determining whether suspension or revocation is appropriate for serious misconduct.

(h) (1) A revocation of certification shall not be undertaken pursuant to this section because of a court finding made in a challenge brought pursuant to Section 745.

(2) This subdivision does not prohibit revocation based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745, if the revocation otherwise conforms to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided in those proceedings.

history: (History: Amended by Stats. 2025, Ch. 784, Sec. 5. (SB 734) Effective January 1, 2026.)


text:
(a) Beginning January 1, 2023, any agency employing peace officers shall report to the commission within 10 days, in a form specified by the commission, any of the following events:

(1) The employment, appointment, or termination or separation from employment or appointment, by that agency, of any peace officer. Separation from employment or appointment includes any involuntary termination, resignation, or retirement.

(2) Any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.

(3) Any finding or recommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief, or civilian inspector general, that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.

(4) The final disposition of any investigation that determines a peace officer engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8, regardless of the discipline imposed.

(5) Any civil judgment or court finding against a peace officer based on conduct, or settlement of a civil claim against a peace officer or an agency based on allegations of officer conduct that could render a peace officer subject to suspension or revocation of certification by the commission pursuant to Section 13510.8.

(b) By July 1, 2023, any agency employing peace officers shall report to the commission any events described in subdivision (a) that occurred between January 1, 2020, and January 1, 2023.

(c) (1) An agency employing peace officers shall make available for inspection or duplication by the commission any investigation into any matter reported pursuant to paragraph (2) of subdivision (a), including any physical or documentary evidence, witness statements, analysis, and conclusions, for no less than two years after reporting of the finding or recommendation reported pursuant to paragraph (3) of subdivision (a), the final disposition of the investigation reported pursuant to paragraph (4) of subdivision (a), or the civil judgment or court finding reported pursuant to paragraph (5) of subdivision (a), as applicable, whichever is latest.

(2) Notwithstanding any other law, the commission shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System, or any other information that would otherwise be confidential, privileged, or subject to any other restriction on disclosure, when that information is included as part of an investigation involving a matter within the commission’s jurisdiction.

(d) (1) In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission describing the reason for separation and shall include whether the separation is part of the resolution or settlement of any criminal, civil, or administrative charge or investigation. The affidavit shall be signed under penalty of perjury and submitted to the commission.

(2) A peace officer who has separated from employment or appointment shall be permitted to respond to the affidavit-of-separation form, in writing, to the commission, setting forth their understanding of the facts and reasons for the separation, if different from those provided by the agency.

(3) Before employing or appointing any peace officer who has previously been employed or appointed as a peace officer by another agency, the agency shall contact the commission to inquire as to the facts and reasons a peace officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency any information regarding the separation in its possession.

(4) Civil liability shall not be imposed on either a law enforcement agency or the commission, or any of the agency’s or commission’s agents, for providing information pursuant to this section in a good faith belief that the information is accurate.

(e) (1) An agency employing a peace officer shall not enter into an agreement with a peace officer that requires any of the following:

(A) The agency to destroy, remove, or conceal a record of a misconduct investigation.

(B) The agency to halt or make particular findings in a misconduct investigation.

(C) The agency to otherwise restrict the disclosure of information about an allegation or investigation of misconduct pursuant to any provision of law, including, but not limited to, this section, or Sections 832.7, 832.12, 1054.1, 13510.8, or 13510.85 of this code.

(2) A provision of an agreement inconsistent with this subdivision is contrary to law and public policy and is void and unenforceable.

(f) The commission shall maintain the information reported pursuant to this section, in a form determined by the commission, and in a manner that may be accessed by the subject peace officer, any employing law enforcement agency of that peace officer, any law enforcement agency that is performing a preemployment background investigation of that peace officer, or the commission when necessary for the purposes of decertification. This information may be withheld from the subject peace officer if the commission determines that disclosure pursuant to this section may jeopardize an ongoing investigation, put a victim or witness at risk of any form of harm or injury, or may otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure, until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. Information that the commission releases to an agency pursuant to this section that has been withheld from the subject peace officer shall be kept confidential by the receiving agency.

(g) (1) The commission shall notify the head of the agency that employs the peace officer of all of the following:

(A) The initiation of any investigation of that peace officer by the division, unless that notification would interfere with the investigation.

(B) A finding by the division, following an investigation or review of the investigation, of grounds to take action against the peace officer’s certification or application.

(C) A final determination by the commission as to whether action should be taken against a peace officer’s certification or application.

(D) An adjudication, after hearing, resulting in action against an officer’s certification or application.

(2) If the certificate of a peace officer is temporarily suspended pursuant to subdivision (d) of Section 13510.8, or revoked, the commission shall also notify the district attorney of the county in which the peace officer is or was employed of this fact.

(3) Each notification required by this subdivision shall include the name of the peace officer and a summary of the basis for the action requiring notification.

history: (History: Amended by Stats. 2025, Ch. 729, Sec. 3. (AB 1388) Effective January 1, 2026.)


text:
(a) (1) When, upon the completion of a serious misconduct investigation conducted pursuant to subdivision (c) of Section 13510.8, the division finds reasonable grounds for the denial, revocation, or suspension of a peace officer’s certification, it shall take the appropriate steps to promptly notify the peace officer involved, in writing, of its determination and reasons therefore, and shall provide the peace officer with a detailed explanation of the decertification procedure and the peace officer’s rights to contest and appeal.

(2) Upon notification, the peace officer may, within 30 days, file a request for a review of the determination by the board and commission. If the peace officer does not file a request for review within 30 days, the peace officer’s certification shall be suspended or revoked, consistent with the division’s determination, without further proceedings. If the peace officer files a timely review, the board shall schedule the case for hearing.

(3) The board shall meet as required to conduct public hearings, but no fewer than four times per year.

(4) At each public hearing, the board shall review the findings of investigations presented by the division pursuant to paragraph (1) and shall make a recommendation on what action should be taken on the certification of the peace officer involved. The board shall only recommend revocation if the factual basis for revocation is established by clear and convincing evidence. If the board determines that the facts and circumstances revealed by the investigation warrant a sanction other than revocation, it may recommend that a peace officer’s certification be suspended for a period of time. The board shall issue a written decision explaining its reasons for decertification or suspension.

(5) The commission shall review all recommendations made by the board. The commission’s decision to adopt a recommendation by the board to seek revocation shall require a two-thirds vote of commissioners present and shall be based on whether the record, in its entirety, supports the board’s conclusion that serious misconduct has been established by clear and convincing evidence. In any case in which the commission reaches a different determination than the board’s recommendation, it shall set forth its analysis and reasons for reaching a different determination in writing.

(6) The commission shall return any determination requiring action to be taken against an individual’s certification to the division, which shall initiate proceedings for a formal hearing before an administrative law judge in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), which shall be subject to judicial review as set forth in that act.

(b) Notwithstanding Section 832.7, the hearings of the board and the review by the commission under this section, administrative adjudications held pursuant to paragraph (6) of subdivision (a), and any records introduced during those proceedings, shall be public. These public records may, in the discretion of the division, be redacted for the reasons set forth in paragraphs (6) and (7) of subdivision (b) of Section 832.7. This subdivision does not preclude the board or the commission, or both, from reviewing the unredacted versions of these records in closed session and using them as the basis for any action taken.

(c) The commission shall publish the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation and shall notify the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training of the suspension or revocation.

history: (History: Amended by Stats. 2023, Ch. 397, Sec. 3. (SB 449) Effective January 1, 2024.)


text:
(a) In establishing standards for training, the commission shall, so far as consistent with the purposes of this chapter, permit required training to be obtained at institutions approved by the commission.

(b) In those instances where individuals have acquired prior comparable peace officer training, the commission shall, adopt regulations providing for alternative means for satisfying the training required by Section 832.3. The commission shall charge a fee to cover administrative costs associated with the testing conducted under this subdivision.

history: (History: Amended by Stats. 2000, Ch. 354, Sec. 1. Effective January 1, 2001.)


text:
(a) The commission, stakeholders from law enforcement, including representatives of law enforcement administration and law enforcement employees, the California State University, including administration and faculty members, and community organizations shall serve as advisors to the office of the Chancellor of the California Community Colleges to develop a modern policing degree program. By June 1, 2023, the office of the Chancellor of the California Community Colleges, in consultation with the stakeholders, shall submit a report on recommendations to the Legislature outlining a plan to implement this program. The recommendations in the report shall:

(1) Focus on courses pertinent to law enforcement, which shall include, but not be limited to, psychology, communications, history, ethnic studies, law, and those determined to develop necessary critical thinking skills and emotional intelligence.

(2) Include allowances for prior law enforcement experience, and appropriate work experience, postsecondary education experience, or military experience to satisfy a portion of the employment eligibility requirements.

(A) It is the intent of the Legislature that allowances for prior experience in this paragraph for those with military experience may be provided to those with military specializations pertinent to law enforcement, including those specializations in community relations, deescalation, foreign language translators, and those determined to require necessary critical thinking skills and emotional intelligence.

(B) It is the intent of the Legislature that allowances for prior experience specified in this paragraph shall be granted to those of good moral character, and shall not be granted to those with prior sustained disciplinary actions taken against them, except that the Commission on Peace Officer Standards and Training may, after considering the severity of the sustained misconduct or violation, grant a partial allowance.

(3) Include both the modern policing degree program and bachelor’s degree in the discipline of their choosing as minimum education requirements for employment as a peace officer.

(4) Include recommendations to adopt financial assistance for students of historically underserved and disadvantaged communities with barriers to higher education access that fulfill the minimum education requirements to be adopted, pursuant to this section, for employment as a peace officer.

(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2025, Ch. 218, Sec. 1. (SB 385) Effective October 1, 2025.)


text: The commission may evaluate and approve pertinent training previously completed by any jurisdiction’s law enforcement officers as meeting current training requirements prescribed by the commission pursuant to this chapter. The evaluations performed by the commission shall conform to the standards established under this chapter.

history: (History: Added by Stats. 1994, Ch. 43, Sec. 2. Effective January 1, 1995.)


text: Each applicant for admission to a basic course of training certified by the Commission on Peace Officer Standards and Training that includes the carrying and use of firearms, as prescribed by subdivision (a) of Section 832 and subdivision (a) of Section 832.3, who is not sponsored by a local or other law enforcement agency, or is not a peace officer employed by a state or local agency, department, or district, shall be required to submit written certification from the Department of Justice pursuant to Sections 11122, 11123, and 11124 that the applicant is eligible to possess, receive, own, and purchase a firearm pursuant to state and federal law.

history: (History: Amended by Stats. 2024, Ch. 495, Sec. 12. (SB 1518) Effective January 1, 2025.)


text:
(a) The commission shall make such inquiries as may be necessary to determine whether every city, county, city and county, and district receiving state aid pursuant to this chapter is adhering to the standards for recruitment, training, certification, and reporting established pursuant to this chapter.

(b) The board shall prepare an annual report on the activities of the commission, board, division, and subject agencies regarding peace officer certification under this chapter. The report shall include, without limitation, all of the following:

(1) The number of applications for certification and the number of certifications granted or denied.

(2) The number of events reported pursuant to paragraphs (1) to (5), inclusive, of subdivision (a) of Section 13510.9.

(3) The criteria and process for review and investigation by the division, the number of reviews, and the number of investigations conducted by the division.

(4) The number of notices sent by the division pursuant to paragraph (1) of subdivision (a) of Section 13510.85, the number of requests for review received, and the number of suspensions or revocations or denials made pursuant to paragraph (2) of subdivision (a) of Section 13510.85.

(5) The number of review hearings held by the board and commission and the outcomes of those review hearings.

(6) The number of administrative hearings held on suspensions or revocations and the number of suspensions or revocations resulting from those hearings.

(7) Any cases of judicial review of commission actions on suspension or revocation and the result of those cases.

(8) The number of certifications voluntarily surrendered and the number placed on inactive status.

(9) Any compliance audits or reviews conducted pursuant to this chapter and the results of those audits.

(10) Any other information the board deems relevant to evaluating the functioning of the certification program, the decertification process, and the staffing levels of the division.

history: (History: Amended by Stats. 2021, Ch. 409, Sec. 16. (SB 2) Effective January 1, 2022.)


text: Upon the request of a local jurisdiction, the commission shall provide a counseling service to such local jurisdiction for the purpose of improving the administration, management or operations of a police agency and may aid such jurisdiction in implementing improved practices and techniques.

history: (History: Added by Stats. 1967, Ch. 1640.)


text: The commission shall prepare a course of instruction for the training of peace officers in the use of tear gas. Such course of instruction may be given, upon approval by the commission, by any agency or institution engaged in the training or instruction of peace officers.

history: (History: Added by Stats. 1969, Ch. 1231.)