Civil service: disciplinary proceedings: causes for discipline: Department of Corrections and Rehabilitation employee training or diversion program.

Plain English Breakdown

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Rules for Discipline and Training Programs for Correctional Officers

This law changes how correctional officers can be disciplined, requiring training programs instead of fines in some cases.

What This Bill Does

• It stops employees from being punished unless their actions affect their job performance.
• The Department of Corrections and Rehabilitation must create a training or diversion program for correctional peace officers by January 1, 2030.
• Before giving an officer fines or other penalties, the appointing authority must consider if they can join this training program.
• If an officer's actions are very serious and frequent, they may still face harsher punishments instead of the training program.

Who It Names or Affects

• Correctional peace officers working for departments under the Department of Corrections and Rehabilitation

Terms To Know

Disciplinary proceedings

The process used to punish employees who break rules or behave badly at work.

Diversion program

A special training program that correctional officers can join instead of getting fines as punishment for some mistakes.

Limits and Unknowns

• The bill does not specify how the training or diversion programs will be funded.
• It is unclear what specific information must be included in the annual reports to the Legislature.

Official Summary Text

AB 2151, as amended, Pacheco.
Civil service: disciplinary proceedings: causes for
discipline.
discipline: Department of Corrections and Rehabilitation employee training or diversion program.
Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, except as specified, authorizes adverse action to be taken against any employee, or person whose name appears on any employment list, for specified causes of discipline.
This bill, except as specified, would prohibit an employee from being disciplined for cause unless the conduct constituting cause is reasonably related to the employee’s fitness, qualifications, or ability to perform the duties of the position. The bill would prohibit its provisions from being construed to limit any procedural or substantive protections otherwise provided by statute, regulation, or memorandum of understanding.
This bill would require the Department of Corrections and Rehabilitation to develop and implement, no later than January 1, 2030, an employee training or diversion program as an available alternative to monetary disciplinary penalties for any correctional peace officer employed by a department, division, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation. The bill would require the appointing authority to consider whether an employee is eligible for participation in the program before imposing a monetary disciplinary penalty on the employee for any act or omission giving rise to a cause for discipline. The bill would authorize the appointing authority to impose more serious penalties if the nature and frequency of the conduct of the correctional peace officer constitutes serious and grave misconduct and the appointing authority states in writing the specific facts supporting that determination and documents why participation
in the training or diversion program would be inappropriate. The bill would require the Department of Corrections and Rehabilitation, beginning on January 1, 2031, and annually thereafter, to submit a report to appropriate policy and fiscal committees of the Legislature that includes specified information about the program.

Current Bill Text

Download Bill PDF