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BSIS says AB 229 use-of-force training will be phased in; bureau working on new curriculum and manuals
Summary
The Bureau of Security and Investigative Services told its Aug. 18 advisory committee it is overhauling powers-to-arrest and use-of-force training required by AB 229 and delayed parts of the rulemaking into 2023 to allow time to complete curricula and legal review.
The Bureau of Security and Investigative Services told its advisory committee on Aug. 18 that it is continuing implementation of AB 229 — the law overhauling use-of-force and incident reporting for security personnel — but has delayed some training rules into 2023 to allow time for curriculum work and legal review.
Lynn Jensen, chief of the Bureau of Security and Investigative Services, said the bureau "is still implementing part of it" and that the training overhaul has been “a beast,” requiring substantial time from staff and coordination with POST and the Office of Administrative Law. "We received a delayed implementation for this. It is now going to go into effect next year rather than this year," she said.
The change affects the bureau's work to update the powers-to-arrest manual and the appropriate-use-of-force training curriculum. Policy manager Antoine Hodge told the committee the bureau is drafting definitions and curriculum language to ensure the package withstands Office of Administrative Law review. "Because this curriculum was drafted in regulation so long ago, there's not a whole lot of definitions ... Now we have to kind of go back and redefine those," Hodge said.
Why it matters: AB 229 increases incident-reporting requirements, revises training standards and expands the subjects covered by the curriculum (including cultural diversity and mental-health topics). The bureau said it has already seen increased incident reporting and has been overhauling training materials to incorporate best practices from POST and other stakeholders.
Details and schedule - The governor signed AB 229 last year; some reporting provisions took effect Jan. 1, and other training-related provisions were given delayed implementation so the bureau could complete the regulatory work. - Antoine Hodge said the bureau plans to provide a public comment period once the draft regulation and curriculum are noticed. He said stakeholders will have at least the 45 days required by rulemaking to comment. - The bureau also described work needed to define several terms (for example, "cultural diversity" and mental-health-related curriculum elements) to avoid rejection by the Office of Administrative Law.
What the committee asked - Committee members asked about timelines and specifics; Lynn Jensen and Antoine Hodge offered to follow up with members who requested more granular detail. Committee member Anton Farby asked for a timeline; Jensen responded that implementation is "coming along nicely" but is delayed by the regulatory review process.
Next steps - The bureau will continue to coordinate with POST and the Department of Consumer Affairs legal staff, complete the curriculum and notice the regulation package for public comment. No final implementation date for the remaining training provisions was given beyond the statement that more of the law will be effective in 2023.
Ending note: The bureau emphasized that the training and reporting changes are substantial work on the implementation side and encouraged stakeholders to participate in the upcoming regulatory comment period.
