§ 13500
606 words·~3 min read·
/ca/penal-code/13500A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.