A. Q. All Correctional Officers receive the same training and must perform the same duties. Unfortunately, it is not. Update eligibility and procedural requirements are discussed in Commission Regulation 1953(f). Can the evaluation be conducted by the candidate's own psychologist? The POST organization, with more than 130 staff members, functions under the direction of an Executive Director appointed by the Commission. Home - California Peace Officers Association | CPOA The "update" provision is expressly provided for POST-participating departments who have already conducted (and have retained) a complete background that demonstrates a candidate's ability to meet all current and existing POST standards and statutory requirements, and, where the department does not feel the need to start all over. While a physician's assistant or nurse practitioner may be involved in obtaining the medical history and conducting the physical examination, a physician must be responsible for reviewing this information and making the determination of medical suitability. Post-offer, however, job-relevant inquiries that are consistent with business necessity are permitted, as detailed below. A. However, an agency's responsibility will be the same as that for ensuring that their psychologists meet current requirements of Government Code 1031(f) and POST Regulation 1955. A. Q. Q. Q. The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) both stipulate that, prior to the extension of a conditional offer of employment (COE), a candidate must have been determined to be "otherwise qualified." Multiple Legislative actions have significantly altered the law governing peace officer employment, and agencies and officers will have to adjust accordingly. POST's online CPE Tracking System has a profile page specifically for psychological evaluators. Every woman can consider a career in law enforcement. Generally yes. Q. To assist agencies with the understanding and application of Commission Regulations 1950-1955, the following Frequently Asked Questions (FAQs) have been developed. If a reinstated officer does not "clear" one or more of the checks required by 1950(c)(2), would the department be found to be out of POST compliance if it retained the officer? California Government Code 1031 (f) requires all California peace officers to be free from any "physical condition which might adversely affect the exercise of peace officer powers." Commission Regulation 1954 implements the medical screening requirements established in Government Code 1031. However, the agency must have retained the original background investigation, and it must have been conducted according to all currently applicable selection standards. Although the bulk of the background investigation does not involve issues of disability, there are background areas of inquiry that must be deferred until the post-offer stage. A Peace Officer's behavior, both on and off the job, is held to a high standard. No. A. GC 1031.4 establishes additional age requirements for specified peace officers. Included in our physician's report are details of the medical examination procedures and findings. These standards cover statutory minimums on age, citizenship, education, and legal history, as well as mandates for a pre-employment background investigation, and medical and psychological evaluations. No. A. However, as specifically sanctioned in Commission Regulation 1950(d), it is within an individual department's purview to impose additional requirements and standards over and above the minimums required by POST. The medical evaluation (as well as all other components of the hiring process) must be satisfied prior to an individual's appointment as a peace officer. Communication among evaluators is not only sanctioned, but encouraged, per Commission Regulation 1953(d)(2): "background investigators, examining physicians, examining psychologists, and others involved in the hiring decision shall work cooperatively to ensure that each has the information necessary to conduct their respective investigations and/or assessments of the candidate.". A. What is the purpose of the POST Psychological Screening Dimensions? Q. State law - California Government Code (GC) 1031 - establishes the minimum selection standards for all California peace officers. No. A. A. Peace Officer, Dispatcher/Supervisor, Records Supervisor Certificates and Proof of Eligibility. Therefore, criminal justice agency employers could require the same arrest history for their public safety dispatcher and peace officer candidates. There are a limited number of foreign schools that would meet the criteria stipulated in Government Code 1031(e). Correctional Careers - Peace Officer Careers Q. Yes, in some cases. Chapter 4.5. Peace Officers :: California Penal Code - Justia Law A. You can also join a specialized team like the investigative services unit, crisis response team, gang task force, and fugitive apprehension team. A. A score on the POST or other acceptable assessment of reading and writing ability has no shelf life; therefore, a candidate may submit the departmental letter from the previous administration to the prospective employer. A. 4 pursuant to California law to Q. The review of medical records by the screening physician can greatly increase the effectiveness of the medical evaluation in several ways. All California Law Enforcement personnel with an active POST appointment may now instantly check their POST Continuing Professional Training (CPT) and Perishable Skills (PS) training status. Note that, since POST does not evaluate additional or enhanced departmental requirements, departments are responsible for ensuring that their enhanced requirements are defensible as job-relevant and consistent with business necessity. It is free to use for PORAC's members and, unlike other crowdfunding platforms, charges no fees for launching a campaign. No, the POST Entry-Level Law Enforcement Battery is not the only acceptable measure of reading and writing ability; any other professionally developed and validated test of reading and writing ability can suffice. ), A. However, California B&P Code2912 does allow psychologists licensed in another state to offer psychological services in California for up to 30days in any calendar year. POST selection standards no longer draw any distinction between classes of peace officers according to Penal Code designations. These officers may undergo a background investigation "update," rather than a complete new background. Q. A. However, as specifically sanctioned in Commission Regulation 1950(d), it is within an individual department's purview to impose additional requirements and standards including medical-related requirements over and above the minimums required by POST. The 12hour requirement coincides with the psychologist's biennial license renewal date and is prorated .5hours/month. Q. A. However, evaluators will be able to maintain some of their information as private (e.g., phone number, email). Is the department obligated to pay if the candidate wants to get a second opinion? Copyright 2023 California Department of Corrections & Rehabilitation. The common practice of asking candidates if they are taking prescription medication prior to the polygraph examination is also impermissible if the examination is conducted pre-offer, even if certain medications may affect test results. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act. 8528. A. Q. Can the screening physician communicate directly with the screening psychologist when he/she becomes aware of psychological issues during the medical exam? Available locations may vary depending on current departmental hiring needs. Every female Officer has her own unique perspective on how being a woman affects her role as a Correctional Officer. A. Even if the individual has been in the department's continuous employment since last having been fingerprinted, peace officer candidate fingerprints need to be submitted, requesting FBI, DOJ and Firearms Clearance checks. Can information from the screening physician regarding job-relevant limitations and recommendations for reasonable accommodation be included in that part of the Medical Examination Report that is maintained in the candidate's background investigation file, or must this information be kept confidential? Penal Code section 832.7 designates as confidential the contents of a peace officer "personnel records," and any information "obtained from these records.". Why? A. Therefore, the updated information must cover the time period since the last background investigation. California Peace Officers' Memorial Foundation Q. Q. (Note: Reserves who are/were not part of active military service may not receive a DD-214 upon separation. Q. New Laws Affecting California Peace Officers | Castillo Harper Opening Date: January 23, 2017
Q. Can a department hire a candidate based on the findings of the second opinion evaluator, given that Commission Regulation 1954(a) states that, "the physician shall conduct the evaluation on behalf of and for the benefit of the employing department"? POST has assembled a panel of subject matter experts, consisting of leaders in the field of pre-employment psychological screening. CPOA's membership program strives to develop your leadership skills through training, advocacy and networking. Reprinting is also required for a candidate who was previously fingerprinted for a non-peace officer position, even for the same department, as DOJ/FBI reporting requirements may have been different. Q. It is the hiring department not POST who confers peace officer status and authority. Regardless of whether it was created by the departmental physician or the second opinion evaluator, a medical suitability declaration indicating that the candidate was determined to be medically suitable for exercising the powers of a peace officer must be included in the background file of the peace officer. What constitutes an acceptable alternative form to the POST Personal History Statement? The main focus of POST review will be on the content of instruction. It depends. Can the department require candidates to choose from a specified list of physicians if the candidate wants to get a second opinion? Q. POST has established a recommended range of scores within which that minimum score should be set. Can the physician add questions to the POST Medical History Statement? CDCR PEACE OFFICER Minimum Qualifications At least 20 years of age at the time of application and 21 years of age at the time of appointment to the Academy Possession of a high school diploma, GED or equivalent from a U.S. institution or a California High School Proficiency Examination (CHSPE) certificate The hiring authority may want to annotate, tailor or embellish these dimensions especially the examples of positive and counterproductive work behaviors to better reflect the conditions, demands and experiences in their department. Commission Regulation 1953(d) states that, "Nonmedical and nonpsychological background information may be collected after a conditional offer of employment (COE) is issued if it could not have been reasonably collected prior to the COE." Training requirements and training resources. The department has sole discretion in determining what, if any, assessments are necessary and to ensure that the peace officer continues to meet the statutory requirements of Government Code sections 1029, 1031 and 1031.5. Law Enforcement Entry-Level Test Battery Agency FAQs, https://post.ca.gov/psychological-evaluator-profile, Peace Officer Psychological Screening Manual. Q. Who will have to pick up the costs of these courses; the agency, the psychologist, or POST? The new POST regulation ensures that 12 of these 36 CEhours will involve instruction and education of direct relevance to this specialization. . Any time an officer is taken "off the books" (i.e., an NOAT is submitted to POST), a new medical evaluation is required if s/he returns to the same department, regardless of the length of the break in service. If the school does not meet the above criteria, the applicant will need to satisfy the education requirements in another way as outlined in GC 1031(e). This will need to be handled on a case-by-case basis and with careful consultation with the department's legal counsel and risk managers. POST Regulations apply only to peace officers (as defined by California Penal Code (PC)830)who are appointed by POST-participating departments. Furthermore, the investigator could decide to answer the candidate's question by contacting the doctor directly, or even arranging for the candidate's medical evaluation ahead of schedule and before the continuation of the background investigation. The department has sole discretion in determining what, if any, assessments are necessary and to ensure that the peace officer continues to meet the statutory requirements of Government Code sections 1029, 1031 and 1031.5. In California, all felony-level "convictions" in juvenile court are considered misdemeanors, regardless of the nature of the offense.