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SHERIFF’S OFFICE / DISTRICT ATTORNEY / PROBATION DEPARTMENT – Sheriff Dave Kain
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Requested Action(s)
recommendation
a) Request the Board accept the Annual Military Equipment Report for the County Law Enforcement Agencies
b) ORDINANCE NO. 2149 – Request the Board adopt the uncodified ordinance to modify the existing military equipment use policy for all Tehama County law enforcement agencies
1) Waive the first reading
2) Accept the introduction
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Financial Impact:
There is no current financial impact on the General Fund. The Annual Military Equipment Report provides information on past acquisitions, and the Military Equipment Item Description List informs the public of military equipment that is sought in the upcoming year. These proposed costs are in the projected budgets for the FY 2025-26, under the Sheriff’s Office, District Attorney, and Probation Department’s maintenance of equipment budget.
Background Information:
Assembly Bill 481 (AB 481), the Law Enforcement and State Agencies Military Equipment Funding, Acquisition, and Use Act, was signed into law and became effective on January 1, 2022. AB 481 requires law enforcement agencies to obtain approval from their governing bodies before purchasing, raising funds for, or acquiring military equipment, by any means, including surplus military equipment from the federal government. AB 481 requires a law enforcement agency seeking to continue the use of any military equipment acquired prior to January 1, 2022, to commence a governing body approval process. On July 16, 2024, the Board of Supervisors adopted Ordinance No. 2137, approving the military equipment use policy for the County of Tehama Entities to include the Sheriff’s Office, the District Attorney’s Bureau of Investigations, and the Probation Department.
These county entities have reviewed AB 481, its definition of military equipment, and the requirements of the legislation. Based on this review, these entities have determined that they retain and utilize equipment defined as military equipment. The Tehama County Sheriff’s Office conducted a public informational meeting on April 24, 2025, which was advertised 30 days prior on the Sheriff’s Office website and the Sheriff’s Office social media outlets. This meeting was conducted to allow public input regarding the AB 481 policy and to discuss the inventory of items these entities currently possess which fall under the AB 481 guidelines.
The Sheriff’s Office and District Attorney’s Office also participate in and have acquired equipment under the 1033 Federal Surplus Property Program. It should be noted that at least 90% of the supplies and equipment procured through this program, does not meet the criteria for “military equipment” as designated by AB 481.
AB 481 designated the following 15 categories of items as military equipment:
1. Unmanned, remotely piloted, powered aerial or ground vehicle.
2. Mine-resistant ambush-protected vehicles or armored personnel carriers.
3. High mobility multi-purpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus.
4. Tracked armored vehicles that provide ballistic protection to their occupants.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with the exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles.
11. Noise-flash diversionary devices and explosive breaching tools.
12. Munitions containing tear gas or O.C., excluding standard, service-issued hand- held pepper spray.
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.
14. Kinetic energy weapons and munitions.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
The Tehama County Sheriff’s Office maintains and utilizes equipment in categories 1, 2,
3, 5, 8, 9, 11, 12, and 14.
The Tehama County District Attorney’s Office Investigators maintain and utilize equipment in categories 9 and 14.
The Tehama County Probation Department maintains and utilizes equipment in category 9.
The Tehama County Sheriff’s Office worked in conjunction with the Tehama County District Attorney’s Office and the Tehama County Probation Department to complete a multi-agency list of AB481 equipment held by the County Law Enforcement Agencies.