The 2021-22 Budget: Peace Officer Training Mandate

analysis full gutter The 2021-22 Budget: Peace Officer Training Mandate February 2021 Constitution Requires the State to Reimburse officers responsible for training and supervising Local Governments for Mandated Activities. new officers—must also meet certain training State law tasks the Commission on State Mandates requirements. Such requirements include obtaining (Commission) with determining whether new state a POST certificate and completing a minimum of laws or regulations affecting local governments 40 hours of training across specified topics. create state-reimbursable mandates. Typically, State Law Increased Behavioral Health the process for determining whether a law or Training Requirements. Chapter 469 of 2015 regulation is a state-reimbursable mandate takes (SB 29, Beall) increased training requirements for several years. State law further requires our office peace officers and FTOs. Specifically, Chapter 469 to analyze any new mandates identified by the directed POST to require that FTOs have at Commission as a part of our annual analysis of least eight hours of crisis intervention behavioral the state budget. In particular, state law directs health training by June 2017 or within 180 days our office to report on the annual state costs for of assignment or appointment. This was intended new mandates and make recommendations to the to help FTOs better train new officers on how to Legislature as to whether the new mandates should effectively interact with individuals with mental be repealed, funded, suspended, or modified. illness or intellectual disability. Chapter 469 also Below, we discuss the Peace Officer Training directed POST to require that at least four hours mandate, which is a newly identified state mandate of existing FTO training requirements address this funded in the Governor’s 2021-22 budget proposal. topic and to evaluate whether additional training on this topic is needed. Background Commission Determined Portion of Training Requirements for Peace Officers. Legislation Created a State-Reimbursable State law and regulations established by the Mandate. The Commission found that only Commission on Peace Officer Standards and the portion of Chapter 469 adding Penal Code Training (POST) require peace officers to meet Section 13515.28 (the requirement for FTOs to certain minimum one-time and ongoing training complete at least eight hours of crisis intervention requirements. For example, all peace officers are training) imposes new state-mandated activities required to complete a basic training program that and costs on local governments. Accordingly, the lasts a minimum of 664 hours prior to assuming Commission’s decision makes costs incurred by a duties. After assuming duties, officers must local government to meet this training requirement complete a minimum of 24 hours of continuing reimbursable by the state. The Commission training every two years. estimates that the initial state cost of claims Certain other training requirements also apply from local governments related to the mandate to local law enforcement agencies. For example, since 2016 could range between $2.5 million agencies are required to operate a POST-approved and $5.3 million. Additionally, the Commission field training program that lasts for a minimum estimates that the annual costs for the mandate of ten weeks. New peace officers must generally going forward could range between $324,000 and complete this field training program after basic $2 million. training but prior to assuming patrol duties. The program’s field training officers (FTOs)—peace 2021-22 LAO Budget Series 1 analysis full gutter Governor’s Budget $3.4 million for this aspect of the mandate based on the initial claims filed by local governments, Governor Funds Mandate. The Governor’s which covers three fiscal years. The annual cost of 2021-22 budget proposes $5.3 million General this aspect of the mandate is difficult to estimate. Fund to reimburse local agencies for the costs This is because costs will vary by local government they incurred complying with the crisis intervention depending on various factors—such as the turnover behavioral health training statute while it was rate within individual law enforcement agencies and under review by the Commission. Funding the FTO compensation rates. mandate would make local compliance with the above requirements mandatory in 2021-22 and the Recommendation state responsible for the costs incurred by local Fund Mandate. The intent of Chapter 469 governments. was to improve peace officers’ abilities to identify LAO Comments and effectively respond to individuals with mental health, intellectual disability, or substance use Future Fiscal Effects Difficult to Estimate. disorders. The Commission has found that requiring Chapter 469 required FTOs assigned or appointed FTOs to complete at least eight hours of training prior to January 2017 to meet the eight hour on this topic constitutes a reimbursable mandate. training requirement by June 2017. The Governor’s Given the state’s interest in promoting trust in law 2021-22 budget proposal would fully reimburse enforcement and in minimizing unnecessary harm local governments for this aspect of the mandate. to members of the public, we recommend funding The statute also requires FTOs to meet the training this mandate to ensure FTOs receive at least this requirement on an ongoing basis within 180 days of amount of training. appointment or assignment. The proposal includes LAO Publications This report was prepared by Lourdes Morales and Anita Lee, and reviewed by Ginni Bella Navarre and Carolyn Chu. The Legislative Analyst’s Office (LAO) is a nonpartisan office that provides fiscal and policy information and advice to the Legislature. 2021-22 LAO Budget Series 2