Section 830.53.

CA Penal Code § 830.53 (2019) (N/A)
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(a) A youth correctional officer employed by the Department of Youth and Community Restoration, having custody of individuals subject to its jurisdiction, a youth correctional counselor series employee of the Department of Youth and Community Restoration, an employee of the Department of Youth and Community Restoration designated by the director, an employee of the Board of Juvenile Hearings designated by the director, and any superintendent, supervisor, or employee having custodial responsibilities in an institution or camp operated by the Department of Youth and Community Restoration is a peace officer whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code.

(b) A correctional officer or correctional counselor employed by the Department of Youth and Community Restoration or an employee of the department having custody of wards may carry a firearm while not on duty. This section does not require licensure pursuant to Section 25400. The director may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Youth and Community Restoration or the Board of Juvenile Hearings, to review the director’s or chairperson’s decision.

(c) The Department of Youth and Community Restoration shall develop and implement a policy for arming peace officers of the department who comprise “high-risk transportation details” or “high-risk escape details” no later than December 31, 2020.

(d) The Department of Youth and Community Restoration shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.”

(e) Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.

(f) The director shall promulgate regulations consistent with this section.

(g) “High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the Director of the Department of Youth and Community Restoration, or the director’s designee. The director, or the director’s designee, shall consider at least the protection of the public, protection of officers, flight risk, and violence potential of wards in determining “high-risk transportation details” and “high-risk escape details.”

(h) “Transportation detail” as used in this section includes transportation of wards outside of the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.

(i) This section shall become operative July 1, 2020.

(Added by Stats. 2019, Ch. 25, Sec. 32. (SB 94) Effective June 27, 2019. Section operative July 1, 2020, by its own provisions.)