SB857 - Public safety omnibus.

Senate Bill No. 857 CHAPTER 241 An act to amend Sections 7583.7 and 7598.2 of the Business and Professions Code, to amend Sections 49428.2, 49428.15, and 56366.1 of the Education Code, to amend Section 6389 of the Family Code, to amend Sections 7286, 8589.11, 8589.15, 12838, 12838.6, 13332.09, 14612, and 20403 of the Government Code, to amend Sections 1180.2, 1180.4, 1250.10, 1522.41, 1562.01, 1563, and 127825 of the Health and Safety Code, to amend Section 6401.8 of the Labor Code, to amend Sections 311.2, 835a, 1171, 1370, 1370.01, 1463.007, 1473.1, 2052, 2056, 2700, 2701, 2716.5, 2800, 2801, 2802, 2804, 2806, 2808, 2810.5, 2811, 2816, 2817, 2818, 4497.50, 4497.52, 4497.54, 4497.56, 6025, 6202, 13511.1, 13515.26, 13515.27, 13515.28, 13515.295, 13515.30, 13519.10, 13652, 13652.1, and 18108 of, and to add Section 2800.5 to, the Penal Code, to amend Sections 6108, 10103.5, 10332, and 12217 of the Public Contract Code, to amend Sections 4953 and 42989.2.1 of the Public Resources Code, to amend Section 99243 of the Public Utilities Code, to amend Section 1095 of the Unemployment Insurance Code, to amend Sections 1808.4 and 5072 of the Vehicle Code, and to amend Sections 755, 786, 788, 16001.9, 16527, 16529, 18358.10, 18358.20, 18358.30, 18360.10, and 18999.93 of the Welfare and Institutions Code, relating to public safety. [ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 857, Committee on Public Safety. Public safety omnibus. (1) Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system. The duties of the board, among others, include establishing standards for local correctional facilities and correctional officers. Under existing law, the board is composed of 15 members, as specified, and 7 members constitutes a quorum. This bill would instead require 8 members to constitute a quorum. (2) Existing law creates within the Department of Corrections and Rehabilitation the Prison Industry Authority. This bill would rename the Prison Industry Authority as the California Correctional Training and Rehabilitation Authority, would rename the Prison Industry Board as the California Correctional Training and Rehabilitation Board, would rename the Prison Industries Revolving Fund as the California Correctional Training and Rehabilitation Revolving Fund, and would require that any reference to the Prison Industry Authority be deemed a reference to the California Correctional Training and Rehabilitation Authority. (3) Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court. Existing law authorizes the juvenile court to permit a person adjudged a ward of the juvenile court, or placed on probation by the juvenile court, to reside in a county other than their county of legal residence. Existing law authorizes a ward who is permitted to reside in a county other than their county of legal residence to be supervised by the probation officer of the county of actual residence, with the consent of that probation officer. This bill would clarify that these provisions apply to wards discharged to probation supervision after having been confined in a secure youth treatment facility, or after having been transferred to a less restrictive program from a secure youth treatment facility. (4) Existing law authorizes any county or court to implement a “comprehensive collection program” as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engages in specified activities in collecting fines or penalties, including, among other things, initiating a driver’s license suspension or hold, as specified. This bill would delete initiating suspensions or holds for driver’s licenses from the list of activities in which the program may engage. (5) Various provisions of the Health and Safety Code, Penal Code, and Welfare and Institutions Code, among others, refer to training and other requirements related to “deescalation techniques.” This bill would revise all references to “deescalation” to “de-escalation.” (6) The bill would also make other technical changes, both conforming and nonsubstantive. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 7583.7 of the Business and Professions Code is amended to read: 7583.7. (a) The course of training in the exercise of the power to arrest and the appropriate use of force may be administered, tested, and certified by any licensee or by any organization or school approved by the department. The department may approve any person or school to teach the course in the exercise of the power to arrest and the appropriate use of force. The department may review and provide more guidance on courses of training when best practices are updated. The course of training shall be approximately eight hours in length and shall cover all of the following topics: (1) Responsibilities and ethics in citizen arrest. (2) Relationship between a security guard and a peace officer in making an arrest. (3) Limitations on security guard power to arrest. (4) Restrictions on searches and seizures. (5) Criminal and civil liabilities, including both of the following: (A) Personal liability. (B) Employer liability. (6) Trespass law. (7) Ethics and communications. (8) Emergency situation response, including response to medical emergencies. (9) Security officer safety. (10) The appropriate use of force, including all of the following topics: (A) Legal standards for use of force. (B) Duty to intercede. (C) The use of objectively reasonable force. (D) Supervisory responsibilities. (E) Use of force review and analysis. (F) De-escalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence. (G) Implicit and explicit bias and cultural competency. (H) Skills, including de-escalation techniques, to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues. (I) Use of force scenario training, including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decisionmaking. (J) Mental health and policing, including bias and stigma. (K) Active shooter situations. (11) Any other topic deemed appropriate by the bureau, excluding Weapons of Mass Destruction and Terrorism Awareness, which may be an elective topic only. (b) (1) The majority of the course shall be taught by means of verbal instruction. This instruction may include the use of a video presentation. (2) Paragraph (10) of subdivision (a) shall be conducted through traditional classroom instruction. For the purposes of this paragraph, “traditional classroom instruction” means instruction where the instructor is physically present with students in a classroom for a minimum of 50 percent of the course and is available at all times, including during instruction provided through distance learning or remote platforms, to answer students’ questions while providing the required training. In this setting, the instructor provides demonstrations and hands-on instruction in order to establish each student’s proficiency as to the course content. (c) (1) The department shall make available a guidebook as a standard for teaching the course in the exercise of the power to arrest and the appropriate use of force, which may be known as the Power to Arrest and Appropriate Use of Force Manual. The department shall encourage additional training and may provide a training guide recommending additional courses to be taken by security personnel. (2) The development, adoption, amendment, or repeal of the Power to Arrest and Appropriate Use of Force Manual by the bureau is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (d) Private patrol operators may provide a copy of the Power to Arrest and Appropriate Use of Force Manual to each person that they currently employ as a security guard. The private patrol operator may provide the guidebook to each person the private patrol operator intends to hire as a security guard a reasonable time prior to the time the person begins the course in the exercise of the power to arrest and the appropriate use of force. (e) The bureau may inspect, supervise, or view the administration of the test at any time and without any prior notification. Any impropriety in the administration of the course or the test shall constitute grounds for disciplinary action. (f) This section shall become operative on July 1, 2023. SEC. 2. Section 7598.2 of the Business and Professions Code is amended to read: 7598.2. (a) The course of training in the exercise of the power to arrest and the appropriate use of force may be administered, tested, and certified by any licensee. The department may approve any person or school to teach the course in the exercise of the power to arrest and the appropriate use of force. The course of training shall be approximately four hours in length and cover the following topics: (1) Responsibilities and ethics in citizen arrest. (2) Relationship with the public police in arrest. (3) Limitations on security guard power to arrest. (4) Restrictions on searches and seizures. (5) Criminal and civil liabilities. (A) Personal liability. (B) Employer liability. (6) The appropriate use of force, including all of the following topics: (A) Legal standards for use of force. (B) Duty to intercede. (C) The use of objectively reasonable force. (D) Supervisory responsibilities. (E) Use of force review and analysis. (F) De-escalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence. (G) Implicit and explicit bias and cultural competency. (H) Skills, including de-escalation techniques, to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues. (I) Use of force scenario training, including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decisionmaking. (J) Mental health and policing, including bias and stigma. (K) Active shooter situations. (7) Any other topic deemed appropriate by the bureau, excluding Weapons of Mass Destruction and Terrorism Awareness, which may be an elective topic only. (b) Paragraph (6) of subdivision (a) shall be conducted through traditional classroom instruction. For the purposes of this subdivision, “traditional classroom instruction” means instruction where the instructor is physically present with students in a classroom and is available to answer students’ questions while providing the required training. In this setting, the instructor provides demonstrations and hands-on instruction in order to establish each student’s proficiency as to the course content. (c) The department shall make available a guidebook as a standard for teaching the course in the exercise of the power to arrest and the appropriate use of force. The department shall encourage additional training and may provide a training guide recommending additional courses. (d) This section shall become operative on July 1, 2023. SEC. 3. Section 49428.2 of the Education Code is amended to read: 49428.2. (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (2) “Youth behavioral health disorders” means pupil mental health and substance use disorders. (3) “Youth behavioral health training” means training that develops awareness of trauma and the brain’s response to stress and the protective factors for behavioral health and well-being that support healing and resilience. (b) (1) The governing board or body of a local educational agency shall, before January 31, 2026, adopt, at a regularly scheduled meeting, a policy on referral protocols for addressing pupil behavioral health concerns in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders and school-linked behavioral health professionals, and shall, at a minimum, address procedures relating to referrals to behavioral health professionals and support services. Policies adopted before the date of enactment of the act that added this section may be considered to meet the requirements of this section, if they fulfill the requirements of this section. (2) The policy adopted pursuant to paragraph (1) shall either be based on the model policy developed by the department or be consistent with subdivision (b) of Section 49428.1. (3) The policy adopted pursuant to paragraph (1) shall specifically address the needs of high-risk groups, including, but not limited to, all of the following: (A) Pupils bereaved by death or loss of a close family member or friend. (B) Pupils for whom there is concern due to behavioral health disorders, including common psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (C) Pupils with disabilities, mental illness, or substance use disorders. (D) Pupils experiencing homelessness or placed in out-of-home settings, such as foster care. (E) Lesbian, gay, bisexual, transgender, or questioning pupils. (4) (A) The policy adopted pursuant to paragraph (1) shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on pupil behavioral health. (B) Materials approved by a local educational agency for training shall include how to identify appropriate contacts for behavioral health evaluation, services, or both evaluation and services, at both the schoolsite and within the larger community, and when and how to refer pupils and their families to those services. (C) Materials approved for training may also include programs that can be completed through self-review of materials developed pursuant to this section. (5) The policy adopted pursuant to paragraph (1) shall be written to ensure that a school employee acts only within the authorization and sco [Text truncated for display. Full text available on Congress.gov.]