AB 2151

AB2151:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2151

An act to amend Section 19572 of of, and to add Section 19572.1 to, the Government Code, relating to state employment.

LEGISLATIVE COUNSEL'S DIGEST

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.

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.

The Legislature finds and declares all of the following:

(a) The Department of Corrections and Rehabilitation (CDCR) has recently conducted an unprecedented number of investigations involving allegations of alleged employee misconduct.(b) Many of these investigations have resulted in CDCR employees receiving discipline that involved monetary penalties.(c) The inordinate number of monetary discipline penalties served on CDCR employees has resulted in a loss of morale among employees, especially in cases in which deficient policies and procedures may have played a role in the poor outcome giving rise to employee discipline.(d) Developing a system to appropriately train employees should lead to better employment outcomes for the CDCR.(e) A disciplinary system that emphasizes corrective training and early intervention can improve employee performance, reduce repeated misconduct, and decrease costs associated with formal disciplinary proceedings, curtail employment turnover, and help with recruitment and retention of personnel within the Department of Corrections and Rehabilitation.(f) This measure is intended to improve the current disciplinary process.

SECTION 1.SEC. 2.

Section 19572 of the Government Code is amended to read:

19572.

(a) Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list:

(1) Fraud in securing appointment.

(2) Incompetency.

(3) Inefficiency.

(4) Inexcusable neglect of duty.

(5) Insubordination.

(6) Dishonesty.

(7) Drunkenness on duty.

(8) Intemperance.

(9) Addiction to the use of controlled substances.

(10) Inexcusable absence without leave.

(11) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section.

(12) Immorality.

(13) Discourteous treatment of the public or other employees.

(14) Improper political activity.

(15) Willful disobedience.

(16) Misuse of state property.

(17) Violation of this part or of a board rule.

(18) Violation of the prohibitions set forth in accordance with Section 19990.

(19) Refusal to take and subscribe any oath or affirmation that is required by law in connection with the employment.

(20) Other failure of good behavior either during or outside of duty hours, which is of such a nature that it causes discredit to the appointing authority or the person’s employment.

(21) Any negligence, recklessness, or intentional act that results in the death of a patient of a state hospital serving the mentally disabled or the developmentally disabled.

(22) The use during duty hours, for training or target practice, of any material that is not authorized for that use by the appointing power.

(23) Unlawful discrimination, including harassment, on any basis listed in subdivision (a) of Section 12940, as those bases are defined in Sections 12926 and 12926.1, except as otherwise provided in Section 12940, against the public or other employees while acting in the capacity of a state employee.

(24) Unlawful retaliation against any other state officer or employee or member of the public who in good faith reports, discloses, divulges, or otherwise brings to the attention of, the Attorney General or any other appropriate authority, any facts or information relative to actual or suspected violation of any law of this state or the United States occurring on the job or directly related to the job.

(b) Except as otherwise provided by law, an employee shall not be disciplined pursuant to this section unless the conduct constituting cause is reasonably related to the employee’s fitness, qualifications, or ability to perform the duties of the position.

(c) This section shall not be construed to limit any procedural or substantive protections otherwise provided by statute, regulation, or memorandum of understanding.

SEC. 3.

Section 19572.1 is added to the Government Code, to read:

19572.1. (a) For the purposes of this section, “correctional peace officer” means a peace officer, as defined in Section 830.5 of the Penal Code, who is employed or designated by the Department of Corrections and Rehabilitation.(b) Notwithstanding Section 19571, in order to facilitate accountability and improve outcomes, the Department of Corrections and Rehabilitation shall develop and implement an employee training or diversion program as an available alternative to monetary disciplinary penalties imposed upon any correctional peace officer employed by a department, division, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation. Before imposing a monetary disciplinary penalty for conduct described in Section 19572, the appointing authority shall consider whether the employee is eligible for participation in the program established pursuant to this section.(c) The program shall include all of the following components:(1) Consideration of the nature of the conduct in relation to the mission of the agency.(2) Consideration of the frequency of the conduct under review.(3) Consideration of the policies and procedures in place and the training received by the employee.(4) Prioritization of targeted education, community service, and specific agency training as an alternative to monetary discipline.(5) The monetary disciplinary penalty imposed upon a correctional peace officer who participants in the program shall not exceed 5 percent of the officer’s annual salary, unless the appointing authority determines that the conduct of the officer constitutes serious misconduct warranting more severe discipline pursuant to subdivision (d).(d) Notwithstanding subdivisions (b) and (c), the appointing authority may impose more serious penalties if the nature and frequency of the conduct of the correctional peace officer constitutes serious and grave misconduct. When imposing discipline pursuant to this subdivision, the appointing authority shall state in writing the specific facts supporting the determination of serious and grave misconduct and shall document why participation in the training or diversion program established pursuant to subdivision (b) would be inappropriate.(e) The Secretary of the Department of Corrections and Rehabilitation shall consult with the Commission on Correctional Peace Officer Standards and Training to ensure alignment with recognized best practices and adopt, amend, or repeal regulations necessary to implement this section.(f) Except as provided in subdivision (g), the Department of Corrections and Rehabilitation shall implement the requirements of this section no later than January 1, 2030.(g) (1) The Department of Corrections and Rehabilitation, beginning on January 1, 2031, and annually thereafter shall submit a report to appropriate policy and fiscal committees of the Legislature. The report shall include, but not be limited to, all of the following:(A) The number of disciplinary cases reviewed under the program.(B) The number of correctional peace officers who participated in diversion training alternatives.(C) The types of corrective actions imposed.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.