BILL NUMBER: SB 1400	CHAPTERED  09/24/04

	CHAPTER  736
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 23, 2004
	AMENDED IN ASSEMBLY  AUGUST 17, 2004
	AMENDED IN ASSEMBLY  JULY 15, 2004
	AMENDED IN ASSEMBLY  JUNE 30, 2004
	AMENDED IN ASSEMBLY  JUNE 9, 2004
	AMENDED IN SENATE  APRIL 27, 2004
	AMENDED IN SENATE  APRIL 12, 2004

INTRODUCED BY   Senators Romero and Speier

                        FEBRUARY 18, 2004

   An act to add Section 6133 to the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1400, Romero.  Corrections:  Internal Affairs.
   Existing law provides for the administration of a system of state
prisons under the Department of Corrections within the Youth and
Adult Correctional Agency.  Existing law establishes the office of
the Inspector General, who is responsible for reviewing departmental
policy and procedures for conducting audits of investigatory
practices and other audits, as well as conducting investigations of
the Department of Corrections and related state offices, as
specified.  Existing statutory and case law provides for some of the
procedures by which public employees may be disciplined.  Existing
law limits the release of certain types of information relating to
public employment, including special provisions that protect against
the release of information concerning complaints against peace
officers, including correctional officers in state prisons.
   This bill would establish the Bureau of Independent Review within
the office of the Inspector General to provide public oversight of
investigations conducted by the Department of Corrections and the
Department of the Youth Authority, and to issue reports, as
specified, to the Governor and the Legislature.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6133 is added to the Penal Code, to read:
   6133.  (a) There is created within the office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
   (b) The BIR shall be responsible for contemporaneous public
oversight of the Youth and Adult Correctional Agency investigations
conducted by the Department of Corrections' Office of Investigative
Services and by Internal Affairs for the Department of the Youth
Authority.  The BIR shall also be responsible for advising the public
regarding the adequacy of each investigation, and whether discipline
of the subject of the investigation is warranted.  The BIR shall
have discretion to provide public oversight of other Youth and Adult
Correctional Agency personnel investigations as needed.
   (c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of Youth and Adult
Correctional Agency allegations of internal misconduct and use of
force.  The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Investigative
Services and Internal Affairs investigations pursuant to subdivision
(b).  The reports shall include, but not be limited to, the
following:
   (A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
   (B) A synopsis of each matter reviewed by the BIR.
   (C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
   (D) The report of any settlement and whether the BIR concurred
with the settlement.
   (E) The extent to which any discipline was modified after
imposition.
   (2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
   (3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.