2021 California Code
Penal Code - PEN
PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS
TITLE 4 - STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS
CHAPTER 1 - Commission on Peace Officer Standards and Training
ARTICLE 2 - Field Services, Standards, and Certification
Section 13510.85.
(a) (1) When, upon the completion of an investigation conducted pursuant to subdivision (c) of Section 13510.8, the division finds reasonable grounds for revocation or suspension of a peace officer’s certification, it shall take the appropriate steps to promptly notify the peace officer involved, in writing, of its determination and reasons therefore, and shall provide the peace officer with a detailed explanation of the decertification procedure and the peace officer’s rights to contest and appeal.
(2) Upon notification, the peace officer may, within 30 days, file a request for a review of the determination by the board and commission. If the peace officer does not file a request for review within 30 days, the peace officer’s certification shall be suspended or revoked, consistent with the division’s determination, without further proceedings. If the peace officer files a timely review, the board shall schedule the case for hearing.
(3) The board shall meet as required to conduct public hearings, but no fewer than four times per year.
(4) At each public hearing, the board shall review the findings of investigations presented by the division pursuant to paragraph (1) and shall make a recommendation on what action should be taken on the certification of the peace officer involved. The board shall only recommend revocation if the factual basis for revocation is established by clear and convincing evidence. If the board determines that the facts and circumstances revealed by the investigation warrant a sanction other than revocation, it may recommend that a peace officer’s certification be suspended for a period of time. The board shall issue a written decision explaining its reasons for decertification or suspension.
(5) The commission shall review all recommendations made by the board. The commission’s decision to adopt a recommendation by the board to seek revocation shall require a two-thirds vote of commissioners present and shall be based on whether the record, in its entirety, supports the board’s conclusion that serious misconduct has been established by clear and convincing evidence. In any case in which the commission reaches a different determination than the board’s recommendation, it shall set forth its analysis and reasons for reaching a different determination in writing.
(6) The commission shall return any determination requiring action to be taken against an individual’s certification to the division, which shall initiate proceedings for a formal hearing before an administrative law judge in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), which shall be subject to judicial review as set forth in that Act.
(b) Notwithstanding Section 832.7, the hearings of the board and the review by the commission under this section, administrative adjudications held pursuant to paragraph (6) of subdivision (a), and any records introduced during those proceedings, shall be public.
(c) The commission shall publish the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation and shall notify the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training of the suspension or revocation.
(Added by Stats. 2021, Ch. 409, Sec. 14. (SB 2) Effective January 1, 2022.)
