Cal. Code Regs. tit. 11 § 1955

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 1955 - Peace Officer Psychological Evaluation

(a) Government Code Mandate/Evaluator Requirements

Every peace officer candidate shall be evaluated to determine if the candidate is free from any emotional or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer [Government Code section 1031(f)], and to otherwise ensure that the candidate is capable of withstanding the psychological demands of the position.

(1) The psychological evaluation shall be conducted by either of the following:

(A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.

(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued post-doctorate.

(2) The psychological evaluator (hereinafter referred to as "evaluator") shall be competent in the conduct of preemployment psychological screening of peace officers. The required areas of competence are defined in the POST Peace Officer Psychological Evaluator Competencies (Competencies): Assessment, Clinical, Communication, Jurisprudence, Multicultural, Occupational, Procedural, Psychometric, and Standards, herein incorporated by reference. The Competencies are contained and defined in Chapter 3 of the POST Peace Officer Psychological Screening Manual (2022).

(3) The evaluator must complete a minimum of 12 hours biennially of POST-approved continuing professional education per subsection 1955(b).

(4) The evaluator shall conduct the examination on behalf of and for the benefit of the employing department.

(b) Continuing Professional Education (CPE)

(1) CPE Course Requirement

POST approval will be granted to courses that meet the following requirements for both course quality and relevance:

(A) Course Quality

Course quality is satisfied by any course recognized and accepted by the California Board of Psychology for continuing education credit [16 CCR section 1397.61(c)(1)] including:

1. Courses provided by American Psychological Association (APA), or its approved sponsors; or

2. Continuing medical education (CME) courses specifically applicable and pertinent to the practice of psychology and that are accredited by the California Medical Association (CMA) or the Accreditation Council for Continuing Medical Education (ACCME); or

3. Courses provided by the California Psychological Association, or its approved sponsors; or

4. Courses approved by an accrediting agency for continuing education courses taken prior to January 1, 2013, pursuant to 16 CCR section 1397.61 as it existed prior to January 1, 2013.

The quality of courses recognized and accepted by other accrediting bodies, associations, or organizations will be considered on a case by case basis.

(B) Course Relevance

As determined by POST, courses must have direct relevance and applicability to preemployment psychological assessment by providing instruction and training in one or more of the Competencies [subsection 1955(a)(2)] .

(2) CPE Course Approval

POST approval shall be granted to courses that meet the requirements outlined in subsection 1955(b)(1). To be considered for POST approval, a course approval request must be submitted to POST via the electronic CPE Tracking System. The request may be submitted by a course instructor, provider, sponsor, law enforcement agency, or an individual who has taken or is considering taking a course.

Requests for POST approval must include the following information:

(A) Course provider

(B) Course instructor

(C) Course title and description

(D) Approving association

(E) Course topics and hourly distribution

(F) Learning objectives

(G) Method(s) of instruction (e.g., workshop, webinar, independent learning)

A list of POST-approved CPE courses are maintained on the POST website (www.post.ca.gov).

(3) Evaluator CPE Requirement

(A) Effective July 1, 2019, evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.

(B) Effective September 1, 2014, evaluators must complete 12 hours of POST-approved CPE every license renewal cycle. For partial cycles, CPE hours are prorated at .5 hours per month, based on the evaluator's license renewal date. The POST CPE requirement must be met no later than the evaluator's license renewal date. Additional CPE hours above the 12 hour minimum do not count toward the next two-year cycle.

(C) The evaluator may satisfy no more than 75% [up to nine (9) hours] of the POST CPE requirement through independent learning that meets subsection 1955(b)(1). Independent learning includes, but is not limited to, courses delivered via the Internet, including asynchronous training, correspondence, and home study.

(4) Verification of Course Completion

To verify compliance with subsection 1955(a)(3), the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.

(A) Evaluator Information

The profile request must include the evaluator's name and contact information; license # and renewal date; and additional information (curriculum vitae, professional website URL), if available.

(B) Course Information

Once the profile is approved, the evaluator can request approval of CPE course completion through the on-line CPE Tracking System. The request must be accompanied by official documentation of course completion, such as completion certificate, roster, and/or other official education or training records.

A list of evaluators and their contact information is available on the POST website (www.post.ca.gov).

(c) Timing of the Psychological Evaluation

The psychological evaluation shall commence only after a conditional offer of employment has been extended to the peace officer candidate [Americans with Disabilities Act (42 U.S. Code section 12101 et seq); California Fair Employment and Housing Act (Government Code section 12940 et seq)]. The psychological evaluation must be completed within one year prior to date of employment. A new psychological evaluation shall be conducted on peace officer candidates reappointed to the same department, unless the prior evaluation occurred within one year of the date of reappointment.

(d) Psychological Screening Procedures and Evaluation Criteria

(1) The psychological screening procedures and evaluation criteria used in the conduct of the psychological evaluation shall be based on the peace officer duties, powers, demands, and working conditions as defined by the department. This information shall be provided to the evaluator, along with any other information (e.g., risk management considerations) that will allow the evaluator to make a psychological suitability determination.

(2) Every peace officer candidate shall be evaluated, at a minimum, against job-related psychological constructs herein incorporated by reference in the POST Peace Officer Psychological Screening Dimensions (Dimensions): Social Competence, Teamwork, Adaptability/Flexibility, Conscientiousness/Dependability, Impulse Control, Integrity/Ethics, Emotional Regulation/Stress Tolerance, Decision Making/Judgment, Assertiveness/Persuasiveness, and Avoiding Substance Abuse and Other Risk-Taking Behavior. The Dimensions are contained and defined in Chapter 4 of the POST Peace Officer Psychological Screening Manual (2022).

(3) When evaluating a peace officer candidate for explicit and implicit bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation that might adversely affect the exercise of the powers of a peace officer, psychological evaluators shall use the Bias Assessment Framework, herein incorporated by reference. The evaluator shall assess the candidate on each of the three Targeted Constructs identified in the Bias Assessment Framework (Biased Behaviors, Biased Attitudes, and Bias-Relevant Traits and Attributes).

(4) The POST Peace Officer Psychological Screening Manual (2022) provides guidance in the evaluation of peace officer candidates. The use of this manual is discretionary with the exception of the required Psychological Evaluator Competencies, the Psychological Screening Dimensions, and the Bias Assessment Framework outlined in subsections 1955(a)(2), 1955(d)(2), and 1955(d)(3), respectively.

(e) Required Sources of Information for the Psychological Evaluation

The psychological evaluation shall include a review by the evaluator of the following sources of information prior to making a determination about the candidate's psychological suitability.

(1) Job Information

Job information shall consist of the peace officer duties, powers, demands, and working conditions provided by the department per subsection 1955(d)(1).

(2) Written Assessments

Written assessments shall consist of a minimum of two written psychological instruments. One of these instruments shall be designed and validated to identify patterns of abnormal behavior; the other instrument shall be designed and validated to assess normal behavior. Both instruments shall have documented evidence of their relevance for evaluating peace officer suitability. Together, the instruments shall provide information about each candidate related to:

(1) freedom from emotional and/or mental conditions that might adversely affect the exercise of the powers of a peace officer, and

(2) psychological suitability per the POST Psychological Screening Dimensions [refer to subsection 1955(d)(2)] .

The psychological assessments shall be interpreted using appropriate, authorized test publisher scoring keys. If mail-order, internet-based, or computerized test interpretations are used, the evaluator shall verify and interpret the individual results.

(3) Personal History Information

Personal history information includes the candidate's relevant work, life, and developmental history based on information collected during the background investigation [Commission Regulation 1953(g)(3)]. This includes the background narrative report and any other relevant background information including, but not limited to, documentation obtained through the social media search [Commission Regulation 1953(e)(12)]. This information may be augmented by responses on a personal history questionnaire collected as part of the psychological evaluation.

(4) Psychological Interview

A psychological interview shall be administered to each peace officer candidate subsequent to a review and evaluation of the results of the written assessments [subsection 1955(e)(2)] and the candidate's personal history information [subsection 1955(e)(3)] . Sufficient interview time shall be allotted to address all issues arising from the reviewed information and other issues that may arise during the interview.

(5) Psychological Records

Psychological records and relevant medical records shall be obtained from the candidate's treating health professional, if warranted and obtainable. This information may be provided by the candidate, or, with written authorization from the candidate (Civil Code section 56.11), may be obtained directly from the health professional.

(f) Psychological Evaluation Reporting Requirements

(1) Data from all sources of information shall be considered; the evaluator's determination shall not be based on one single data source unless clinically justified.

(2) The evaluator shall provide the department with their findings from the bias assessment [subsection 1955(d)(3)] and identify the data sources relied upon for their findings, including information obtained through the background investigation [Commission Regulation 1953(g)(3)].

(3) The evaluator shall make a determination of the candidate's psychological suitability, which includes whether the candidate is free from any emotional or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer and is capable of withstanding the psychological demands of the position, and shall provide the department with a completed and signed POST form 2-364 (10/2023), Psychological Suitability Declaration, herein incorporated by reference, affirming that the candidate was evaluated in accordance with Commission Regulation 1955. Prior to appointment as a peace officer, the candidate must be determined to be psychologically suitable.

(4) The department shall maintain the psychological suitability declaration in the candidate's background investigation file; the declaration shall be available to POST during compliance inspections.

(5) Any additional information reported by the evaluator to the department shall be limited to that which is necessary and appropriate, such as the candidate's job-relevant functional limitations, reasonable accommodation requirements, and the nature and seriousness of the potential risks posed by the candidate. All information deemed medical in nature shall be maintained as a confidential record, separate from the background investigation file.

(6) Information from the psychological evaluation may be provided to others involved in the hiring process, if it is relevant to their respective determinations of candidate suitability.

(g) Second Opinions

(1) A candidate who is found psychologically unsuitable has the right to submit an independent evaluation for consideration before a final determination of disqualification is made [2 California Code of Regulations section 11071(b)(2)]. Consideration should include determining whether the second opinion evaluator meets the requirements set forth in Government Code section 1031(f) and subsection 1955(b).

(2) When a candidate notifies the department that s/he is seeking an independent opinion, the department shall make available the peace officer duties, powers, demands, and working conditions and the requirements specified in Commission Regulation 1955. Other information, such as specific procedures or findings from the initial evaluation, may be shared with the second-opinion evaluator at the discretion of the department. The means for resolving discrepancies in evaluations is at the discretion of the department, consistent with local personnel policies and/or rules.

Cal. Code Regs. Tit. 11, § 1955

1. Change without regulatory effect renumbering and amending former section 9055 to new section 1955 filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
2. Amendment filed 8-6-2013; operative 9-1-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 32).
3. Change without regulatory effect amending subsection (g) filed 12-2-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).
4. Change without regulatory effect amending subsections (b)(1)-(2) and (e)(1) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
5. Amendment of subsections (a)(2), (b)(3)(B), (b)(4)-(b)(4)(B) and (d)(2), new subsection (d)(3), amendment of subsections (e)(3), (f)(2)(D) and (g) and new subsections (g)(1)-(2) filed 2-24-2016; operative 4-1-2016 (Register 2016, No. 9).
6. Editorial correction restoring inadvertently omitted text in subsection (g)(2) (Register 2016, No. 10).
7. Change without regulatory effect amending subsections (d)(3) and (e)(2) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
8. Amendment of subsection (a)(2), repealer and new subsections (a)(3)(A)-(B) and amendment of subsections (a)(3)(C), (d)(2)-(3), (f), (f)(2)-(f)(2)(A) and (f)(3) filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9).
9. Amendment of subsection (b)(3)(A) filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
10. Change without regulatory effect amending subsection (a) filed 2-4-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
11. Amendment of subsections (a)(3), (b)(3)(C), (b)(4), (e)(3)-(4) and (g)(1) filed 10-15-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
12. Amendment of subsections (a)(2), (b)(3)(A) and (b)(3)(C), new subsection (d)(3), subsection renumbering, amendment of newly designated subsections (d)(4) and (e)(3), new subsection (f)(2), subsection renumbering and amendment of NOTE filed 7-18-2022; operative 8-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 29).
13. Amendment of subsection (f)(3) and repealer of subsections (f)(3)(A)-(D) filed 6-8-2023; operative 10-1-2023 (Register 2023, No. 23).

Note: Authority cited: Sections 1031 and 1031.3, Government Code; and Sections 13503, 13506 and 13510, Penal Code. Reference: Section 56.11, Civil Code; Sections 1031 and 1031.3, Government Code; and Section 13510, Penal Code.

1. Change without regulatory effect renumbering and amending former section 9055 to new section 1955 filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
2. Amendment filed 8-6-2013; operative 9-1-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 32).
3. Change without regulatory effect amending subsection (g) filed 12-2-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).
4. Change without regulatory effect amending subsections (b)(1)-(2) and (e)(1) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
5. Amendment of subsections (a)(2), (b)(3)(B), (b)(4)-(b)(4)(B) and (d)(2), new subsection (d)(3), amendment of subsections (e)(3), (f)(2)(D) and (g) and new subsections (g)(1)-(2) filed 2-24-2016; operative 4/1/2016 (Register 2016, No. 9).
6. Editorial correction restoring inadvertently omitted text in subsection (g)(2) (Register 2016, No. 10).
7. Change without regulatory effect amending subsections (d)(3) and (e)(2) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
8. Amendment of subsection (a)(2), repealer and new subsections (a)(3)(A)-(B) and amendment of subsections (a)(3)(C), (d)(2)-(3), (f), (f)(2)-(f)(2)(A) and (f)(3) filed 2-27-2018; operative 4/1/2018 (Register 2018, No. 9).
9. Amendment of subsection (b)(3)(A) filed 10-24-2018; operative 1/1/2019 (Register 2018, No. 43).
10. Change without regulatory effect amending subsection (a) filed 2-4-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
11. Amendment of subsections (a)(3), (b)(3)(C), (b)(4), (e)(3)-(4) and (g)(1) filed 10-15-2021; operative 1/1/2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
12. Amendment of subsections (a)(2), (b)(3)(A) and (b)(3)(C), new subsection (d)(3), subsection renumbering, amendment of newly designated subsections (d)(4) and (e)(3), new subsection (f)(2), subsection renumbering and amendment of Note filed 7-18-2022; operative 8/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 29).
13. Amendment of subsection (f)(3) and repealer of subsections (f)(3)(A)-(D) filed 6-8-2023; operative 10/1/2023 (Register 2023, No. 23).