BILL NUMBER: SB 737 CHAPTERED
BILL TEXT
CHAPTER 10
FILED WITH SECRETARY OF STATE MAY 10, 2005
APPROVED BY GOVERNOR MAY 10, 2005
PASSED THE SENATE APRIL 28, 2005
PASSED THE ASSEMBLY APRIL 25, 2005
AMENDED IN ASSEMBLY APRIL 21, 2005
AMENDED IN SENATE APRIL 6, 2005
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Romero
(Principal coauthors: Senators Alquist and Campbell)
(Principal coauthors: Assembly Members Bass, Leno, and Liu)
FEBRUARY 22, 2005
An act to amend Section 11552 of, to add Article 14 (commencing
with Section 12838) to Chapter 1 of Part 2.5 of Division 3 of Title 2
of, and to repeal Sections 11560, 11563.1, 12811, and 12811.1 of,
the Government Code, and to amend Sections 2800, 2802, 2803, 2804,
2806, 2807, 2808, 2809, 2810, 2810.5, 2811, 2815, 2816, 3041, 3041.1,
5000, 5001, 5003.5, 5050, 5052, 5054, 5055, 5057, 5075, 5076.1,
6024, 6025, 6026, 6030, 6050, 7518, 13600, 13601, 13602, 13603,
13810, and 14204 of, to amend the headings of Chapter 1 (commencing
with Section 5000), Chapter 2 (commencing with Section 5050), Chapter
3 (commencing with Section 5075), Chapter 4 (commencing with Section
6001), and Chapter 5 (commencing with Section 6024) of Title 7 of
Part 3 of, and to amend the heading of Title 4.5 (commencing with
Section 13600) of Part 4, of, and to add Sections 5075.1, 5075.6, and
6126.6 to, and to repeal Sections 2036, 2038, 2043.3, 2045.3,
2046.3, 2048.3, 2048.7, 2079, 5051, 5051.5, 5053, 5067, 5082, 6001,
6003, and 6004 of, and to repeal Article 3 (commencing with Section
2400) of Chapter 2 of Title 1 of Part 3 of, the Penal Code, and to
amend Sections 1000, 1703, 1710, 1711, 1712, 1713, 1714, 1716, 1719,
1720, 1723, 1725, 1766, 1798, 3150, 3151, 3158, 3300, and 3309 of,
and to repeal Sections 1717, 1718, 1721, 1722, and 3157 of, and to
repeal and add Section 1798.5 the Welfare and Institutions Code,
relating to reorganizing the Youth and Adult Correctional Agency, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 737, Romero. Corrections.
Existing law establishes the Youth and Adult Correctional Agency,
which consists of the Department of Corrections, the Department of
the Youth Authority, the Board of Prison Terms, the Board of
Corrections, the Youth Authority Board, and the Narcotic Addict
Evaluation Authority.
This bill would abolish those departments and boards, and instead
create the Department of Corrections and Rehabilitation, which would
consist of the Division of Adult Operations, the Division of Adult
Programs, the Division of Juvenile Justice, the Corrections Standards
Authority, the Board of Parole Hearings, the State Commission on
Juvenile Justice, the Prison Industry Authority, and the Prison
Industry Board. The department would be headed by the Secretary of
the Department of Corrections and Rehabilitation, who would be
appointed by, and hold office at the pleasure of, the Governor,
subject to confirmation by the Senate. The bill would authorize the
Governor to appoint, an undersecretary, and would require the
Governor to appoint 3 chief deputy secretaries, and an assistant
secretary for health care policy, all subject to Senate confirmation.
It would also authorize the Governor to appoint assistant
secretaries for victim and survivor rights and services and for
correctional safety.
The bill would create the Division of Adult Institutions and the
Division of Adult Parole Operations under the Chief Deputy Secretary
for Adult Operations. Each division would be headed by a division
chief, appointed by the Governor, and subject to Senate confirmation.
The bill would require the Governor to appoint 5 subordinate
officers to the chief of the Division of Adult Institutions, subject
to Senate confirmation, to head identified areas of adult
institutions.
The bill would create the Division of Community Partnerships, the
Division of Education, Vocations, and Offender Programs, and the
Division of Correctional Health Care Services under the Chief Deputy
for Adult Programs, each to be headed by a chief who is appointed by
the Governor and subject to Senate confirmation.
The bill would create the Division of Juvenile Facilities, the
Division of Juvenile Programs, and the Division of Juvenile Parole
Operations under the Chief Deputy of Juvenile Justice, each to be
headed by a chief who is appointed by the Governor and subject to
Senate confirmation.
The bill would authorize the Governor to request the State
Personnel Board to use extensive recruitment and merit selection
techniques and procedures to provide lists of persons qualified for
appointment to all of the above positions.
The bill would vest the new department with all the powers,
functions, duties, responsibilities, obligations, liabilities, and
jurisdiction of the Youth and Adult Correctional Agency, the
Department of Corrections, the Department of the Youth Authority, the
Commission on Correctional Peace Officer Standards and Training, the
Board of Corrections, and the State Commission on Juvenile Justice,
Crime and Delinquency Prevention. The bill would maintain the
existing functions, powers, responsibilities, and jurisdiction of the
Council on Mentally Ill Offenders, Prison Industry Authority, Prison
Industry Authority Board, California Council for Interstate Adult
Offender Supervision, and the Joint Venture Policy Advisory Board
under the new department.
Under existing law, the Board of Prison Terms is comprised of 9
members, appointed by the Governor, with the advice and consent of
the Senate, each for a term of 4 years and until the appointment of a
successor.
Under this bill, the Board of Parole Hearings would be comprised
of 17 commissioners, appointed by the Governor, subject to Senate
confirmation, for 3-year terms. Of those commissions, 12 would be
appointed and trained to hear only adult parole matters, and 5 would
be appointed and trained only to hear juvenile parole matters. The
board would be vested with all of the powers, duties,
responsibilities, obligations, liabilities, and jurisdiction of the
Board of Prison Terms, the Narcotic Addict Evaluation Authority, and
the Youth Authority Board. This bill would authorize the Governor to
appoint an executive officer of the board, subject to Senate
confirmation.
Existing law prescribes the procedures for holding en banc
hearings of the Board of Prison Terms.
This bill would define an en banc hearing of the Board of Parole
Hearings to mean a hearing conducted by a committee of 9 randomly
selected commissioners who are specifically appointed to hear adult
parole matters.
The bill would prescribe specified backgrounds of, and training
for, persons appointed to be commissioners of the board.
Under existing law, the Board of Corrections is comprised of 15
members.
Under this bill, the Corrections Standards Authority would be
comprised of 19 members. The bill would vest the new authority with
all of the duties, functions, and responsibilities of the Board of
Corrections and the Commission on Correctional Peace Officer
Standards and Training.
Existing law prescribes the duty of the wardens to supervise the
government, discipline and policy of the prisons, and to enforce all
orders and regulations, subject to the orders and the policies
established by the Department of Corrections.
This bill would repeal that provision.
Under existing law, the Inspector General 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, the Department of
the Youth Authority, the Board of Prison Terms, the Youth Authority
Board, the Board of Corrections, the Narcotic Addict Evaluation
Authority, the Prison Industry Authority, and the Youth and Adult
Correctional Agency, as requested by either the Secretary of the
Youth and Adult Correctional Agency or a Member of the Legislature.
This bill would also require the Inspector General to review,
confidentially, every candidate warden, in order to determine the
qualifications of each candidate, and to give a recommendation of
whether or not each candidate is qualified for the position.
Existing law establishes the State Commission on Juvenile Justice,
Crime, and Delinquency Prevention.
This bill would abolish that commission and instead create the
State Commission on Juvenile Justice, to provide comprehensive
oversight, planning, and coordination of efforts leading to the
improvement of juvenile justice among state and local agencies.
The bill would make other related changes to implement the
creation of the new department.
The bill would state the intent of the Legislature that the
changes made in the bill supplement and refine Governor's
Reorganization Plan No. 1, and to the extent that any conflicts exist
between that measure and this bill, the changes made in this bill
will prevail. The bill would become operative only if Governor's
Reorganization Plan No. 1 becomes effective in which case it would
become operative on July 1, 2005.
This bill would also specify that the program budget structures
for the Department of Corrections and Rehabilitation shall not go
into effect until a process for making a transition to a new program
budget structure is approved by the Legislature, as specified.
This bill would declare that it is to take effect immediately as an
urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11552 of the Government Code is amended to
read:
11552.
Effective January 1, 1988, an annual salary of eighty-five
thousand four hundred two dollars ($85,402) shall be paid to each of
the following:
(a) Commissioner of Financial Institutions.
(b) Commissioner of Corporations.
(c) Insurance Commissioner.
(d) Director of Transportation.
(e) Real Estate Commissioner.
(f) Director of Social Services.
(g) Director of Water Resources.
(h) Chief Deputy Secretary for Adult Operations of the Department
of Corrections and Rehabilitation.
(i) Director of General Services.
(j) Director of Motor Vehicles.
(k) Chief Deputy Secretary for Juvenile Justice in the Department
of Corrections and Rehabilitation.
(l) Executive Officer of the Franchise Tax Board.
(m) Director of Employment Development.
(n) Director of Alcoholic Beverage Control.
(o) Director of Housing and Community Development.
(p) Director of Alcohol and Drug Abuse.
(q) Director of the Office of Statewide Health Planning and
Development.
(r) Director of the Department of Personnel Administration.
(s) Chairperson and Member of the Board of Equalization.
(t) Secretary of Technology, Trade, and Commerce.
(u) State Director of Health Services.
(v) Director of Mental Health.
(w) Director of Developmental Services.
(x) State Public Defender.
(y) Director of the California State Lottery.
(z) Director of Fish and Game.
(aa) Director of Parks and Recreation.
(ab) Director of Rehabilitation.
(ac) Director of Veterans Affairs.
(ad) Director of Consumer Affairs.
(ae) Director of Forestry and Fire Protection.
(af) The Inspector General pursuant to Section 6125 of the Penal
Code.
(ag) Director of Child Support Services.
(ah) Director of Industrial Relations.
(ai) Chief Deputy Secretary for Adult Programs in the Department
of Corrections and Rehabilitation.
The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
SEC. 2. Section 11560 of the Government Code is repealed.
SEC. 3. Section 11563.1 of the Government Code is repealed.
SEC. 4. Section 12811 of the Government Code is repealed.
SEC. 5. Section 12811.1 of the Government Code is repealed.
SEC. 6. Article 14 (commencing with Section 12838) is added to
Chapter 1 of Part 2.5 of Division 3 of Title 2 of the Government
Code, to read:
Article 14. Department of Corrections and Rehabilitation
12838.
(a) There is hereby created in state government the Department of
Corrections and Rehabilitation, to be headed by a secretary, who
shall be appointed by the Governor, subject to Senate confirmation,
and shall serve at the pleasure of the Governor. The Department of
Corrections and Rehabilitation shall consist of Adult Operations,
Adult Programs, Juvenile Justice, the Corrections Standards
Authority, the Board of Parole Hearings, the State Commission on
Juvenile Justice, the Prison Industry Authority, and the Prison
Industry Board.
(b) The Governor, upon recommendation of the secretary, may
appoint an Undersecretary of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The undersecretary
shall hold office at the pleasure of the Governor.
(c) The Governor, upon recommendation of the secretary, shall
appoint three chief deputy secretaries, subject to Senate
confirmation, who shall hold office at the pleasure of the Governor.
One chief deputy secretary shall oversee adult operations, one chief
deputy secretary shall oversee adult programs, and one chief deputy
secretary shall oversee juvenile justice for the department.
(d) The Governor, upon recommendation of the secretary, shall
appoint an assistant secretary, subject to Senate confirmation, who
shall be responsible for health care policy for the department, and
shall serve at the pleasure of the Governor.
(e) The Governor, upon recommendation of the secretary, shall
appoint an Assistant Secretary for Victim and Survivor Rights and
Services, and an Assistant Secretary for Correctional Safety, who
shall serve at the pleasure of the Governor.
12838.1.
There is hereby created within the Department of Corrections and
Rehabilitation, under the Chief Deputy Secretary for Adult
Operations, the Division of Adult Institutions and the Division of
Adult Parole Operations. Each division shall be headed by a division
chief, who shall be appointed by the Governor, upon recommendation of
the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor.
(b) The Governor shall, upon recommendation of the secretary,
appoint five subordinate officers to the Chief of the Division of
Adult Institutions, subject to Senate confirmation, who shall serve
at the pleasure of the Governor. Each subordinate officer appointed
pursuant to this subdivision shall oversee an identified category of
adult institutions, one of which shall be female offender facilities.
12838.2.
There is hereby created within the Department of Corrections and
Rehabilitation, under the Chief Deputy Secretary for Adult Programs,
the Division of Community Partnerships, the Division of Education,
Vocations and Offender Programs, and the Division of Correctional
Health Care Services. Each division shall be headed by a chief who
shall be appointed by the Governor, at the recommendation of the
secretary, subject to Senate confirmation, who shall serve at the
pleasure of the Governor.
12838.3.
There is hereby created within the Department of Corrections and
Rehabilitation under the Chief Deputy Secretary for Juvenile Justice,
the Division of Juvenile Facilities, the Division of Juvenile
Programs, and the Division of Juvenile Parole Operations. Each
division shall be headed by a chief, who shall be appointed by the
Governor, at the recommendation of the secretary, subject to Senate
confirmation, who shall serve at the pleasure of the Governor.
12838.4.
The Board of Parole Hearings is hereby created. The Board of
Parole Hearings shall be comprised of 17 commissioners, who shall be
appointed by the Governor, subject to Senate confirmation, for
three-year terms. The Board of Parole Hearings hereby succeeds to,
and is vested with, all the powers, duties, responsibilities,
obligations, liabilities, and jurisdiction of the following entities,
which shall no longer exist: Board of Prison Terms, Narcotic Addict
Evaluation Authority, and Youthful Offender Parole Board. For
purposes of this article, the above entities shall be known as
"predecessor entities."
12838.5.
The Department of Corrections and Rehabilitation hereby succeeds
to, and is vested with, all the powers, functions, duties,
responsibilities, obligations, liabilities, and jurisdiction of the
following entities, which shall no longer exist: Youth and Adult
Correctional Agency, Department of Corrections, Department of the
Youth Authority, Commission on Correctional Peace Officer Standards
and Training, Board of Corrections, and State Commission on Juvenile
Justice, Crime and Delinquency Prevention. For purposes of this
article, the above entities shall be known as "predecessor entities."
12838.6.
The following entities shall be continued in existence within the
Department of Corrections and Rehabilitation and shall retain
existing functions, powers, responsibilities, and jurisdiction,
except as expressly provided otherwise: Council on Mentally Ill
Offenders, Prison Industry Authority, Prison Industry Authority
Board, California Council for Interstate Adult Offender Supervision,
and the Joint Venture Policy Advisory Board. For purposes of this
article, these shall be known as "continuing entities."
12838.7.
(a) The Secretary of the Department of Corrections and
Rehabilitation shall serve as the Chief Executive Officer of the
Department of Corrections and Rehabilitation and shall have all of
the powers and authority which are conferred upon a head of a state
department by Chapter 2 (commencing with Section 11150) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Without limiting any other powers or duties, the secretary
shall assure compliance with the terms of any state plan, memorandums
of understanding, administrative order, interagency agreements,
assurances, single state agency obligations, federal statute and
regulations, and any other form of agreement or obligation that vital
government activities rely upon, or are a condition to, the
continued receipt by the department of state or federal funds or
services. This includes, but is not limited to, the designation,
appointment, and provision of individuals, groups, and resources to
fulfill specific obligations of any agency, board, or department that
is abolished pursuant to Section 12838.4 or 12838.5.
12838.8.
All regulations adopted by the predecessor entities, continuing
entities, and any of their predecessors are expressly continued in
force. Any statute, law, rule, or regulation now in force, or that
may hereafter be enacted or adopted with reference to the predecessor
entities and any of their predecessors shall mean the Department of
Corrections and Rehabilitation. Any action concerning these duties,
responsibilities, obligations, liabilities, and functions shall not
abate but shall continue in the name of the Department of Corrections
and Rehabilitation, and the Department of Corrections and
Rehabilitation shall be substituted for the predecessor entities and
continuing entities by the court wherein the action is pending. The
substitution shall not affect the rights of the parties to the
action.
12838.9.
No contract, lease, license, or any other agreement to which the
predecessor entities, continuing entities, and any of their
predecessors are a party shall be void or voidable by reason of this
measure, but shall continue in full force and effect, with the
Department of Corrections and Rehabilitation assuming all of the
rights, obligations, and duties of the predecessor entities. That
assumption by the Department of Corrections and Rehabilitation shall
not in any way affect the rights of the parties to the contract,
lease, license, or agreement. Bonds issued by the predecessor
entities, continuing entities, and any of their predecessors on or
before July 1, 2005, shall become the indebtedness of any newly
created entity. Any ongoing obligations or responsibilities of the
predecessor entities, continuing entities, and any of their
predecessors for managing and maintaining bond issuances shall be
transferred to the newly created entity without impairment to any
security contained in the bond instrument.
12838.10.
On and after July 1, 2005, the unencumbered balance of all money
available for expenditure by the predecessor entities, continuing
entities, and any of their predecessors in carrying out any functions
transferred to the Department of Corrections and Rehabilitation by
this measure shall be made available for the support and maintenance
of the Department of Corrections and Rehabilitation. All books,
documents, records, and property of the predecessor entities shall be
transferred to the Department of Corrections and Rehabilitation.
12838.11.
On and after July 1, 2005, positions filled by appointment by the
Governor in the predecessor entities or continuing entities shall be
transferred to the Department of Corrections and Rehabilitation.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor, unless as otherwise expressly
stated. Titles of positions transferred pursuant to this section
shall be determined by the secretary with the approval of the
Governor. Salaries of positions transferred shall remain at the
level established pursuant to law on June 30, 2005.
12838.12.
(a) Any officer or employee of the predecessor entities who is
engaged in the performance of a function specified in this
reorganization plan and who is serving in the state civil service,
other than as a temporary employee, shall be transferred to the
Department of Corrections and Rehabilitation pursuant to the
provisions of Section 19050.9.
(b) Any officer or employee of the continuing entities who is
engaged in the performance of a function specified in this
reorganization plan and who is serving in the state civil service,
other than as a temporary employee, shall continue such status with
the continuing entity pursuant to the provisions of Section 19050.9.
(c) The status, position, and rights of any officer or employee of
the predecessor entities shall not be affected by the transfer and
shall be retained by the person as an officer or employee of the
Department of Corrections and Rehabilitation, as the case may be,
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code),
except as to a position that is exempt from civil service.
12838.13.
This article shall become operative as of July 1, 2005.
SEC. 7. Section 2036 of the Penal Code is repealed.
SEC. 8. Section 2038 of the Penal Code is repealed.
SEC. 9. Section 2043.3 of the Penal Code is repealed.
SEC. 10. Section 2045.3 of the Penal Code is repealed.
SEC. 11. Section 2046.3 of the Penal Code is repealed.
SEC. 12. Section 2048.3 of the Penal Code is repealed.
SEC. 13. Section 2048.7 of the Penal Code is repealed.
SEC. 14. Section 2079 of the Penal Code is repealed.
SEC. 15. Article 3 (commencing with Section 2400) of Chapter 2 of
Title 1 of Part 3 of the Penal Code is repealed.
SEC. 16. Section 2800 of the Penal Code is amended to read:
2800.
Commencing July 1, 2005, there is hereby continued in existence
within the Department of Corrections and Rehabilitation the Prison
Industry Authority. As used in this article "authority" means the
Prison Industry Authority. Commencing July 1, 2005, any reference to
the Department of Corrections shall refer to the Department of
Corrections and Rehabilitation.
SEC. 17. Section 2802 of the Penal Code is amended to read:
2802.
Commencing July 1, 2005, there is hereby continued in existence
within the Department of Corrections and Rehabilitation a Prison
Industry Board. The board shall consist of the following 11 members:
(a) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.
(b) The Director of the Department of General Services, or his or
her designee.
(c) The Secretary of Business, Transportation and Housing, or his
or her designee.
(d) The Speaker of the Assembly shall appoint two members to
represent the general public.
(e) The Senate Committee on Rules shall appoint two members to
represent the general public.
(f) The Governor shall appoint four members. Of these, two shall
be representatives of organized labor, and two shall be
representatives of industry. The initial term of one of the members
appointed by the Speaker of the Assembly shall be two years, and the
initial term of the other shall be three years. The initial term of
one of the members appointed by the Senate Committee on Rules shall
be two years, and the initial term of the other shall be three years.
The initial terms of the four members appointed by the Governor
shall be four years. All subsequent terms of all members shall be for
four years. Each member's term shall continue until the appointment
and qualification of his or her successor.
SEC. 18. Section 2803 of the Penal Code is amended to read:
2803.
The Secretary of the Department Corrections and Rehabilitation
shall be the chairperson of the board. The chairperson shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The board shall hold meetings on the
call of the chairperson or a majority of the board. Six members of
the board, including the chairperson, shall constitute a quorum. The
vote of a majority of the members serving on the board is necessary
for the transaction of the business of the board.
SEC. 19. Section 2804 of the Penal Code is amended to read:
2804.
The appointed members of the board shall receive a per diem to be
determined by the chairperson, but not less than the usual per diem
rate allowed to the Department of Corrections and Rehabilitation
employees during travel out of state. All members, including the
chairperson, shall also receive their actual and necessary expenses
of travel incurred in attending meetings of the commission and in
making investigations, either as a board or individually as members
of the board at the request of the chairperson. All the expenses
shall be paid from the Prison Industries Revolving Fund.
SEC. 20. Section 2806 of the Penal Code is amended to read:
2806.
There is hereby constituted a permanent revolving fund in the sum
of not less than seven hundred thirty thousand dollars ($730,000), to
be known as the Prison Industries Revolving Fund, and to be used to
meet the expenses necessary in the purchasing of materials and
equipment, salaries, construction and cost of administration of the
prison industries program. The fund may also be used to refund
deposits either erroneously made or made in cases where delivery of
products cannot be consummated. The fund shall at all times contain
the amount of at least seven hundred thirty thousand dollars
($730,000), either in cash or in receivables, consisting of raw
materials, finished or unfinished products, inventory at cost,
equipment, or any combination of the above. Money received from the
rendering of services or the sale of products in the prisons and
institutions under the jurisdiction of the Department of Corrections
and Rehabilitation pursuant to this article shall be paid to the
State Treasurer monthly and shall be credited to the fund. At any
time that the Secretary of the Department of Corrections and
Rehabilitation and the Director of Finance jointly determine that the
balance in that revolving fund is greater than is necessary to carry
out the purposes of the authority, they shall so inform the
Controller and request a transfer of the unneeded balance from the
revolving fund to the General Fund of the State of California. The
Controller is authorized to transfer balances upon request. Funds
deposited in the revolving fund are not subject to annual
appropriation by the Legislature and may be used without a time limit
by the authority.
The Prison Industries Revolving Fund is not subject to the
provisions of Articles 2 (commencing with Section 13320) and 3
(commencing with Section 13335) of Chapter 3 of Part 3 of Division 3
of Title 2 of the Government Code.
Any major capital outlay project undertaken by the authority
pursuant to this article shall be subject to review by the Public
Works Board pursuant to the provisions of Part 10.5 (commencing with
Section 15752) of Division 3 of Title 2 of the Government Code.
SEC. 21. Section 2807 of the Penal Code is amended to read:
2807.
(a) The authority is hereby authorized and empowered to operate
industrial, agricultural, and service enterprises which will provide
products and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use.
Products may be purchased by state agencies to be offered for sale to
inmates of the department and to any other person under the care of
the state who resides in state-operated institutional facilities.
Fresh meat may be purchased by food service operations in state-owned
facilities and sold for onsite consumption.
(b) All things authorized to be produced under subdivision (a)
shall be purchased by the state, or any agency thereof, and may be
purchased by any county, city, district, or political subdivision, or
any agency thereof, or by any state agency to offer for sale to
persons residing in state-operated institutions, at the prices fixed
by the Prison Industry Authority. State agencies shall make maximum
utilization of these products, and shall consult with the staff of
the authority to develop new products and adapt existing products to
meet their needs.
SEC. 21. Section 2808 of the Penal Code is amended to read:
2808.
The board, in the exercise of its duties, shall have all of the
powers and do all of the things that the board of directors of a
private corporation would do, except as specifically limited in this
article, including, but not limited to, all of the following:
(a) To enter into contracts and leases, execute leases, pledge the
equipment, inventory and supplies under the control of the authority
and the anticipated future receipts of any enterprise under the
jurisdiction of the authority as collateral for loans, and execute
other necessary instruments and documents.
(b) To assure that all funds received by the authority are kept in
commercial accounts according to standard accounting practices.
(c) To arrange for an independent annual audit.
(d) To review and approve the annual budget for the authority, in
order to assure that the solvency of the Prison Industries Revolving
Fund is maintained.
(e) To contract to employ a general manager to serve as the chief
administrative officer of the authority. The general manager shall
serve at the pleasure of the chairperson. The general manager shall
have wide and successful experience with a productive enterprise, and
have a demonstrated appreciation of the problems associated with
prison management.
(f) To apply for and administer grants and contracts of all kinds.
(g) To establish, notwithstanding any other provision of law,
procedures governing the purchase of raw materials, component parts,
and any other goods and services which may be needed by the authority
or in the operation of any enterprise under its jurisdiction. Those
procedures shall contain provisions for appeal to the board from any
action taken in connection with them.
(h) To establish, expand, diminish, or discontinue industrial,
agricultural and service enterprises under the authority's
jurisdiction to enable it to operate as a self-supporting enterprise,
to provide as much employment for inmates as is feasible, and to
provide diversified work activities to minimize the impact on
existing private industry in the state.
(i) To hold public hearings pursuant to subdivision (h) to provide
an opportunity for persons or organizations who may be affected to
appear and present testimony concerning the plans and activities of
the authority. The authority shall assure adequate public notice of
those hearings. No new industrial, agricultural, or service
enterprise which involves a gross annual production of more than
fifty thousand dollars ($50,000) shall be established unless and
until a hearing concerning the enterprise has been held by a
committee of persons designated by the board including at least two
board members. The board shall take into consideration the effect of
a proposed enterprise on California industry and shall not approve
the establishment of the enterprise if the board determines it would
have a comprehensive and substantial adverse impact on California
industry which cannot be mitigated.
(j) To periodically determine the prices at which activities,
supplies, and services shall be sold.
(k) To report to the Legislature in writing, on or before February
1 of each year, regarding:
(1) The financial activity and condition of each enterprise under
its jurisdiction.
(2) The plans of the board regarding any significant changes in
existing operations.
(3) The plans of the board regarding the development of new
enterprises.
(4) A breakdown, by institution, of the number of prisoners at
each institution, working in enterprises under the jurisdiction of
the authority, said number to indicate the number of prisoners which
are not working full time.
SEC. 23. Section 2809 of the Penal Code is amended to read:
2809.
Notwithstanding any other provision of law, commencing July 1,
2005, the authority may recruit and employ civilian staff that may be
necessary to carry out the purposes of this article, and shall
establish recruiting, testing, hiring, promotion, disciplinary, and
dismissal procedures and practices which will meet the unique
personnel needs of the authority. The practices may include
incentives based on productivity, profit-sharing plans, or other
criteria which will encourage civilian employee involvement in the
productivity goals of the authority. The procedures and practices
shall apply to all employees working in enterprises under the
jurisdiction of the authority. The general manager shall be the
appointing authority for all personnel of the authority other than
the general manager.
SEC. 24. Section 2810 of the Penal Code is amended to read:
2810.
Commencing July 1, 2005, the general manager, with the approval of
the Department of Finance, may authorize the borrowing of money by
the authority for purposes of any of the following:
(a) Operating the business affairs of the authority.
(b) Purchasing new equipment, materials and supplies.
(c) Constructing new facilities, or repairing, remodeling, or
demolishing old facilities.
Funds may be borrowed from private sources, upon those terms that
the Department of Finance deems appropriate, including but not
limited to, the use of equipment under the jurisdiction of the
authority, and of the future income of an enterprise under the
jurisdiction of the authority, as collateral to secure any loan.
SEC. 25. Section 2810.5 of the Penal Code is amended to read:
2810.5.
Notwithstanding any other provision of law, commencing July 1,
2005, the Pooled Money Investment Board, or its successor, may grant
loans to the authority when money is appropriated for that purpose by
the Legislature, upon application by the Secretary of the Department
of Corrections and Rehabilitation, in order to finance the
establishment of a new industrial, agricultural, or service
enterprise. All loans shall bear the same interest rate
as the pooled money market investment
rate and shall have a maximum repayment period of 20 years from the
date of approval of the loan.
Prior to making its decision to grant a loan, the Pooled Money
Investment Board, or its successor, shall require the authority to
demonstrate all of the following:
(a) The proposed industry project cannot be feasibly financed from
private sources under Section 2810. The authority shall present
proposed loan conditions from at least two private sources.
(b) The proposed industry project cannot feasibly be financed from
proceeds from other Prison Industry Authority enterprises.
(c) The proceeds from the proposed project provide for a
reasonable payback schedule to the General Fund.
SEC. 26. Section 2811 of the Penal Code is amended to read:
2811.
Commencing July 1, 2005, the general manager shall adopt and
maintain a compensation schedule for inmate employees. That
compensation schedule shall be based on quantity and quality of work
performed and shall be required for its performance, but in no event
shall that compensation exceed one-half the minimum wage provided in
Section 1182 of the Labor Code, except as otherwise provided in this
code. This compensation shall be credited to the account of the
inmate.
Inmate compensation shall be paid from the Prison Industries
Revolving Fund.
SEC. 27. Section 2815 of the Penal Code is amended to read:
2815.
Commencing July 1, 2005, the authority may, under rules
prescribed by the Secretary of the Department of Corrections and
Rehabilitation, dispose of products developed from the operations of
industrial enterprises in prisons and institutions under the
jurisdiction of the authority by sale to foreign governments,
corporations for distribution in foreign countries, and private
persons or their agents in markets outside the United States and in
countries which permit the importation of prison-made goods. All
sales made pursuant to this section shall be reported to the
Legislature in the general manager's annual report pursuant to
Section 2808.
SEC. 28. Section 2816 of the Penal Code is amended to read:
2816.
With the approval of the Department of Finance, there shall be
transferred to, or deposited in, the Prison Industries Revolving Fund
for purposes authorized by this section, money appropriated from any
source including sources other than state appropriations.
Notwithstanding subdivision (b) of Section 2808, the general
manager may order any authorized public works project involving
construction, renovation, or repair of prison facilities to be
performed by inmate labor when the total expenditure does not exceed
the project limit established by Section 10108 of the Public Contract
Code. Projects entailing expenditure of greater than the project
limit established by Section 10108 of the Public Contract Code shall
be reviewed and approved by the Secretary of the Department of
Corrections and Rehabilitation.
Money so transferred or deposited shall be available for
expenditure by the department for the purposes for which
appropriated, contributed or made available, without regard to fiscal
years and irrespective of the provisions of Sections 13340 and 16304
of the Government Code. Money transferred or deposited pursuant to
this section shall be used only for purposes authorized in this
section.
SEC. 29. Section 3041 of the Penal Code is amended to read:
3041.
(a) In the case of any inmate sentenced pursuant to any provision
of law, other than Chapter 4.5 (commencing with Section 1170) of
Title 7 of Part 2, the Board of Parole Hearings shall meet with each
inmate during the third year of incarceration for the purposes of
reviewing the inmate's file, making recommendations, and documenting
activities and conduct pertinent to granting or withholding
postconviction credit. One year prior to the inmate's minimum
eligible parole release date a panel of two or more commissioners or
deputy commissioners shall again meet with the inmate and shall
normally set a parole release date as provided in Section 3041.5. No
more than one member of the panel shall be a deputy commissioner. In
the event of a tie vote, the matter shall be referred for an en banc
hearing by the board. The release date shall be set in a manner that
will provide uniform terms for offenses of similar gravity and
magnitude in respect to their threat to the public, and that will
comply with the sentencing rules that the Judicial Council may issue
and any sentencing information relevant to the setting of parole
release dates. The board shall establish criteria for the setting of
parole release dates and in doing so shall consider the number of
victims of the crime for which the inmate was sentenced and other
factors in mitigation or aggravation of the crime. At least one
commissioner of the panel shall have been present at the last
preceding meeting, unless it is not feasible to do so or where the
last preceding meeting was the initial meeting. Any person on the
hearing panel may request review of any decision regarding parole for
an en banc hearing by the board. In case of a review, a majority
vote in favor of parole by the board members participating in an en
banc hearing is required to grant parole to any inmate.
(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
hearing.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc hearing by the board
means a hearing conducted by a committee of nine randomly selected
commissioners who are specifically appointed to hear adult parole
matters, selected by the chairperson. The committee shall be
comprised of a majority of commissioners holding office on the date
the matter is heard by the committee.
SEC. 30. Section 3041.1 of the Penal Code is amended to read:
3041.1.
Up to 90 days prior to a scheduled release date, the Governor may
request review of any decision by a parole authority concerning the
grant or denial of parole to any inmate in a state prison. The
Governor shall state the reason or reasons for the request, and
whether the request is based on a public safety concern, a concern
that the gravity of current or past convicted offenses may have been
given inadequate consideration, or on other factors. When a request
has been made, a randomly selected committee comprised of nine
commissioners specifically appointed to hear adult parole matters and
who are holding office at the time, shall review the parole
decision. In case of a review, a vote in favor of parole by a
majority of the commissioners on the committee shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.
SEC. 31. The heading of Chapter 1 (commencing with Section 5000)
of Title 7 of Part 3 of the Penal Code is amended to read:
CHAPTER 1. The Department of Corrections and Rehabilitation
SEC. 32. Section 5000 of the Penal Code is amended to read:
5000.
Commencing July 1, 2005, any reference to the Department of
Corrections in this or any other code refers to the Department of
Corrections and Rehabilitation, Division of Adult Operations.
Nothing in the act enacted by Senate Bill 737 of the 2005-06
Regular Session shall be construed to alter the primary objective of
adult incarceration under the reorganized Department of Corrections
and Rehabilitation, which remains public safety as articulated in the
legislative findings and declarations set forth in Section 1170.
SEC. 33. Section 5001 of the Penal Code is amended to read:
5001.
(a) The Governor may request the State Personnel Board to use
extensive recruitment and merit selection techniques and procedures
to provide lists of persons qualified for appointment pursuant to
Article 14 (commencing with Section 12838) of Chapter 1 of Part 2.5
of Division 3 of the Government Code. The Governor may appoint any
person from the lists of qualified persons or may reject all names
and appoint other persons who meet the requirements of the positions.
SEC. 34. Section 5003.5 of the Penal Code is amended to read:
5003.5.
The Board of Parole Hearings is empowered to advise and recommend
to the Secretary of the Department of Corrections and Rehabilitation
on general and specific policies and procedures relating to the
duties and functions of the secretary. The secretary is empowered to
advise and recommend to the board on matters of general and specific
policies and procedures, relating to the duties and functions of the
board. The secretary and the board shall meet for purposes of
exchange of information and advice.
SEC. 35. The heading of Chapter 2 (commencing with Section 5050)
of Title 7 of Part 3 of the Penal Code is amended to read:
CHAPTER 2. The Secretary of the Department of Corrections and
Rehabilitation
SEC. 36. Section 5050 of the Penal Code is amended to read:
5050.
Commencing July 1, 2005, any reference to the Director of
Corrections in this or any other code refers to the Secretary of the
Department of Corrections and Rehabilitation. As of that date, the
office of the Director of Corrections is abolished.
SEC. 37. Section 5051 of the Penal Code is repealed.
SEC. 38. Section 5051.5 of the Penal Code is repealed.
SEC. 39. Section 5052 of the Penal Code is amended to read:
5052.
Any officer or employee of the Department of Corrections and
Rehabilitation designated in writing by the secretary, shall have the
power of a head of a department pursuant to Article 2 (commencing at
Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the
Government Code.
SEC. 40. Section 5053 of the Penal Code is repealed.
SEC. 41. Section 5054 of the Penal Code is amended to read:
5054.
Commencing July 1, 2005, the supervision, management and control
of the state prisons, and the responsibility for the care, custody,
treatment, training, discipline and employment of persons confined
therein are vested in the Secretary of the Department of Corrections
and Rehabilitation.
SEC. 42. Section 5055 of the Penal Code is amended to read:
5055.
Commencing July 1, 2005, all powers and duties previously granted
to and imposed upon the Department of Corrections shall be exercised
by the Secretary of the Department of Corrections and
Rehabilitation, except where those powers and duties are expressly
vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed
upon the secretary, the power may be exercised or the duty performed
by a subordinate officer to the secretary or by a person authorized
pursuant to law by the secretary.
SEC. 43. Section 5057 of the Penal Code is amended to read:
5057.
(a) Subject to the powers of the Department of Finance under
Section 13300 of the Government Code, the secretary shall establish
an accounting and auditing system for all of the agencies and
institutions including the prisons which comprise the department in
whatever form that will best facilitate their operation, and may
modify the system from time to time.
(b) The accounting and auditing system shall include those
accounts and records that are necessary to properly account for all
money and property of the inmates.
(c) Except where other disposition is provided by law, all money
belonging to the state received by the department, shall be reported
to the Controller and deposited in the State Treasury monthly.
SEC. 44. Section 5067 of the Penal Code is repealed.
SEC. 45. The heading of Chapter 3 (commencing with Section 5075)
of Title 7 of Part 3 of the Penal Code is amended to read:
CHAPTER 3. The Board of Parole Hearings
SEC. 46. Section 5075 of the Penal Code is amended to read:
5075.
(a) Commencing July 1, 2005, there is hereby created the Board of
Parole Hearings. As of July 1, 2005, any reference to the Board of
Prison Terms in this or any other code refers to the Board of Parole
Hearings. As of that date, the Board of Prison Terms is abolished.
(b) The Governor shall appoint 17 commissioners, subject to Senate
confirmation, pursuant to this section. Of those 17 commissioners,
12 shall be appointed and trained to hear only adult matters, and
five shall be appointed and trained to hear only juvenile matters.
The terms of the commissioners shall expire as follows: eight on July
1, 2007, and nine on July 1, 2008. Successor commissioners shall
hold office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Commissioners are eligible for
reappointment. The selection of persons and their appointment by the
Governor and confirmation by the Senate shall reflect as nearly as
possible a cross section of the racial, sexual, economic, and
geographic features of the population of the state.
(c) The chair of the board shall be designated by the Governor
periodically. The Governor may appoint an executive officer of the
board, subject to Senate confirmation, who shall hold office at the
pleasure of the Governor. The executive officer shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The secretary shall be the appointing
authority for all civil service positions of employment with the
board.
(d) Each commissioner shall participate in hearings on each
workday, except when it is necessary for a commissioner to attend
training, en banc hearings or full board meetings, or other
administrative business requiring the participation of the
commissioner. For purposes of this subdivision, these hearings shall
include parole consideration hearings, parole rescission hearings,
and parole progress hearings.
SEC. 47. Section 5075.1 is added to the Penal Code, to read:
5075.1.
The Board of Parole Hearings shall do all of the following:
(a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults and juveniles under
the jurisdiction of the department.
(b) Conduct mentally disordered offender hearings.
(c) Conduct sexually violent predator hearings.
(d) Review inmates' requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.
(e) Determine revocation of parole for adult offenders under the
jurisdiction of the Division of Adult Parole Operations, pursuant to
Section 5077.
(f) Carry out the functions described in Section 1719 of the
Welfare and Institutions Code, and make every order granting and
revoking parole and issuing final discharges to any person under the
jurisdiction of the Department of Corrections and Rehabilitation.
(g) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.
(h) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.
(i) Exercise other powers and duties as prescribed by law.
(j) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Chief Deputy
Secretary for Juvenile Justice. All applicable regulations in effect
at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.
SEC. 48. Section 5075.6 is added to the Penal Code, to read:
5075.6.
(a) (1) Commissioners and deputy commissioners hearing matters
pursuant to subdivision (f) of Section 5075.1, or any other matter
involving wards under the jurisdiction of the Division of Juvenile
Facilities, shall have a broad background in, and ability for,
appraisal of youthful law offenders and delinquents, the
circumstances of delinquency for which those persons are committed,
and the evaluation of an individual's progress toward reformation.
Insofar as practicable, commissioners and deputy commissioners
selected to hear these matters also shall have a varied and
sympathetic interest in youth correction work and shall have
experience or education in the fields of corrections, sociology, law,
law enforcement, mental health, medicine, drug treatment, or
education.
(2) Within 60 days of appointment and annually thereafter,
commissioners and deputy commissioners described in subdivision (a)
shall undergo a minimum of 40 hours of training in the following
areas:
(A) Treatment and training programs provided to wards at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and sex offender
treatment programs.
(B) Current national research on effective interventions with
juvenile offenders and how they compare to department program and
treatment services.
(C) Parole Services.
(D) Commissioner duties and responsibilities.
(E) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
wards.
(F) Factors influencing ward lengths of stay and ward recidivism
rates and their relationship to one another.
(b) (1) Commissioners and deputy commissioners hearing matters
concerning adults under the jurisdiction of the Department of
Corrections and Rehabilitation shall have a broad background in
criminal justice and an ability for appraisal of adult offenders, the
crimes for which those persons are committed, and the evaluation of
an individual's progress toward reformation. Insofar as practicable,
commissioners and deputy commissioners shall have a varied interest
in adult correction work, public safety, and shall have experience or
education in the fields of corrections, sociology, law, law
enforcement, medicine, mental health, or education.
(2) All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
inmates, the setting of a parole release date for inmates, or the
revocation of parole for adult parolees, shall, within 60 days of
appointment and annually thereafter undergo a minimum of 40 hours of
training in the following areas:
(A) Treatment and training programs provided to inmates at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and sex offender
treatment programs.
(B) Parole services.
(C) Commissioner duties and responsibilities.
(D) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
inmates.
SEC. 49. Section 5076.1 of the Penal Code is amended to read:
5076.1.
(a) The board shall meet at each of the state prisons and
facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be necessary
for a full and complete study of the cases of all inmates and wards
whose matters are considered. Other times and places of meeting may
also be designated by the board. Each commissioner of the board shall
receive his actual necessary traveling expenses incurred in the
performance of his or her official duties. Where the board performs
its functions by meeting en banc in either public or executive
sessions to decide matters of general policy, at least nine members
shall be present, and no action shall be valid unless it is concurred
in by a majority vote of those present.
(b) The board may use deputy commissioners to whom it may assign
appropriate duties, including hearing cases and making decisions.
Those decisions shall be made in accordance with policies approved by
a majority of the total membership of the board.
(c) The board may meet and transact business in panels. Each panel
shall consist of two or more persons, subject to subdivision (d) of
Section 3041. No action shall be valid unless concurred in by a
majority vote of the persons present. In the event of a tie vote, the
matter shall be referred to a randomly selected committee, comprised
of a majority of the commissioners specifically appointed to hear
adult parole matters and who are holding office at the time.
(d) When determining whether commissioners or deputy commissioners
shall hear matters pursuant to subdivision (f) of Section 5075.1, or
any other matter submitted to the board involving wards under the
jurisdiction of the Division of Juvenile Facilities, the chair shall
take into account the degree of complexity of the issues presented by
the case. Any decision resulting in the extension of a parole
consideration date shall entitle a ward to appeal the decision to a
panel comprised of two or more commissioners, of which no more than
one may be a deputy commissioner. The panel shall consider and act
upon the appeal in accordance with rules established by the board.
(e) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall be
heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner. A
recommendation for recall of a sentence under subdivisions (d) and
(e) of Section 1170 shall be made by a panel, a majority of whose
commissioners are commissioners of the Board of Parole Hearings.
SEC. 50. Section 5082 of the Penal Code is repealed.
SEC. 51. The heading of Chapter 4 (commencing with Section 6001)
of Title 7 of Part 3 of the Penal Code is amended to read:
CHAPTER 4. Division of Juvenile Facilities
SEC. 52. Section 6001 of the Penal Code is amended to read:
6001.
Commencing July 1, 2005, the establishment, organization,
jurisdiction, powers, duties, responsibilities, and functions of the
Youth Authority as provided in the Youth Authority Act (Chapter 1
(commencing with Section 1700) of Division 2.5 of the Welfare and
Institutions Code), as it existed on June 30, 2005, are continued in
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.
SEC. 53. Section 6003 of the Penal Code is repealed.
SEC. 54. Section 6004 of the Penal Code is repealed.
SEC. 55. The heading of Chapter 5 (commencing with Section 6024)
of Title 7 of Part 3 of the Penal Code is amended to read:
CHAPTER 5. The Corrections Standards Authority
SEC. 56. Section 6024 of the Penal Code is amended to read:
6024.
Commencing July 1, 2005, there is hereby established with the
Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished.
SEC. 57. Section 6025 of the Penal Code is amended to read:
6025.
(a) Commencing July 1, 2005, the Corrections Standards Authority
shall be composed of 19 members, one of whom shall be the Secretary
of the Department of Corrections and Rehabilitation, or his or her
designee, who shall be designated as the chairperson, and four of
whom shall be subordinate officers of the secretary. At least one
subordinate officer shall be a manager or administrator of a state
correctional facility for adult offenders, and at least one
subordinate officer shall be a manager or administrator of a state
correctional facility for juvenile offenders. The remaining 14
members shall be appointed
by the Governor after consultation with, and with the advice of, the
secretary, and with the advice and consent of the Senate. The
gubernatorial appointments shall include all of the following:
(1) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates.
(2) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates.
(3) A county supervisor or county administrative officer.
(4) A chief probation officer from a county with a population over
200,000.
(5) A chief probation officer from a county with a population
under 200,000.
(6) A manager or administrator of a county local detention
facility.
(7) An administrator of a local community-based correctional
program.
(8) Two public members, at least one of whom shall represent the
interests of crime victims.
(9) Four rank and file representatives: one juvenile probation
officer who is a first-line supervisor or lower rank, with a minimum
of five years of experience as a juvenile probation officer; one
deputy sheriff who is a sergeant or lower rank, with a minimum of
five years of experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a minimum of
five years experience working in a state adult correctional facility.
(10) A representative of a community-based youth service
organization.
(b) The terms of the members appointed by the Governor shall
expire as follows: seven on July 1, 2007, and seven on July 1, 2008.
Successor members shall hold office for terms of three years, each
term to commence on the expiration date of the predecessor. Any
appointment to a vacancy that occurs for any reason other than
expiration of the term shall be for the remainder of the unexpired
term. Members are eligible for reappointment.
(c) The authority shall select a vice chairperson from among its
members. Ten members of the board shall constitute a quorum.
(d) When the authority is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
(e) If any appointed member is not in attendance for three
consecutive meetings the authority may recommend to the Governor that
the member be removed and the Governor may make a new appointment,
with the advice and consent of the Senate, for the remainder of the
term.
SEC. 58. Section 6026 of the Penal Code is amended to read:
6026.
The Corrections Standards Authority shall be the means whereby the
Department of Corrections and Rehabilitation may correlate its
individual programs for adults and youths under its jurisdiction.
SEC. 59. Section 6030 of the Penal Code is amended to read:
6030.
(a) The Corrections Standards Authority shall establish minimum
standards for state and local correctional facilities. The standards
for state correctional facilities shall be established by January 1,
2007. The authority shall review those standards biennially and make
any appropriate revisions.
(b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and local correctional facilities, and personnel
training.
(c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
(d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) In establishing minimum standards, the authority shall seek
the advice of the following:
(1) For health and sanitary conditions:
The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested
persons.
(3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
SEC. 60. Section 6050 of the Penal Code is amended to read:
6050.
(a) The Governor, upon recommendation of the secretary, shall
appoint the wardens of the various state prisons. Each warden shall
be subject to removal by the secretary. If the secretary removes him
or her, the secretary's action shall be final. The wardens shall be
exempt from civil service.
(b) The Department of Personnel Administration shall fix the
compensation of the wardens of the state prisons.
SEC. 61. Section 6126 of the Penal Code is amended to read:
6126.
(a) (1) The Inspector General shall review departmental policy and
procedures, conduct audits of investigatory practices and other
audits, and conduct investigations of the Department of Corrections
and Rehabilitation, as requested by either the Secretary of the
Department of Corrections and Rehabilitation or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. These
audit reports shall be provided to the Legislature and shall be made
public. The requirements of this paragraph shall be phased in by the
Inspector General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions.
(e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
SEC. 62. Section 6126.3 of the Penal Code is amended to read:
6126.3.
(a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure in any
manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit or
investigation that has not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
SEC. 63. Section 6126.6 is added to the Penal Code, to read:
6126.6.
(a) Prior to filling a vacancy for warden by appointment pursuant
to Section 6050, the Governor shall first submit to the Inspector
General the names of candidates for the position of warden for review
of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden, the Inspector General shall consider, among other
appropriate factors, his or her experience in effectively managing
correctional facilities and inmate populations; ability to deal
effectively with employees, detained persons and other interested
persons in addressing management, confinement, and safety issues in
an effective, fair, and professional manner; and knowledge of
correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden. Those rules and procedures shall
establish appropriate, confidential methods for disclosing to the
candidate the subject matter of substantial and credible adverse
allegations received regarding the candidate's reputation and
integrity which, unless rebutted, would be determinative of the
candidate's unsuitability for appointment. No rule or procedure shall
be adopted that permits the disclosure to the candidate of
information from which the candidate may infer the source, and no
information shall either be disclosed to the candidate nor be
obtainable by any process which would jeopardize the confidentiality
of communications from persons whose opinion has been sought on the
candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden who has been found not qualified by the Inspector General, the
Inspector General shall make public that finding, after due notice
to the appointee of his or her intention to do so. That notice and
disclosure shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the Inspector
General concerning the qualifications of the appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden may be appointed until
the Inspector General has advised the Governor pursuant to this
section, or until 90 days have elapsed after submission of the
candidate's name to the Inspector General, whichever occurs earlier.
The requirement of this subdivision shall not apply to any vacancy in
the position of warden occurring within the 90 days preceding the
expiration of the Governor's term of office, provided, however, that
with respect to those vacancies, the Governor shall be required to
submit any candidate's name to the Inspector General in order to
provide him or her an opportunity, if time permits, to review and
make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden, nor shall anything in this section be construed
as adding any additional qualifications for the position of warden.
(l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.
SEC. 64. Section 7518 of the Penal Code is amended to read:
7518.
(a) The Department of Corrections and Rehabilitation and local
health officers shall adopt guidelines for the making of decisions
pursuant to this chapter in consultation with the Office of AIDS in
the State Department of Health Services. The guidelines shall be
based on the latest written guidelines of HIV transmission and
infection established by the federal Centers for Disease Control and
Prevention.
(b) Oversight responsibility for implementation of the applicable
provisions of this title, including the oversight of reports
involving parole officers and the staff of state adult and youth
correctional facilities shall be vested with the Chief of Medical
Services in the Department of Corrections and Rehabilitation.
Oversight responsibility at the county, the city, or the county
and city level shall rest with the local health officer.
SEC. 65. The heading of Title 4.5 (commencing with Section 13600)
of Part 4 of the Penal Code is amended to read:
TITLE 4.5. CORRECTIONS STANDARDS AUTHORITY
SEC. 66. Section 13600 of the Penal Code is amended to read:
13600.
(a) Commencing July 1, 2005, any reference to the Commission on
Correctional Peace Officer Standards and Training or "CPOST" shall
refer to the Corrections Standards Authority established pursuant to
Chapter 5 (commencing with Section 6024) of Title 7 of Part 3. As of
that date, the Commission on Correctional Peace Officer Standards and
Training is abolished.
(b) The Legislature finds and declares that peace officers of the
state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.
SEC. 67. Section 13601 of the Penal Code is amended to read:
13601.
(a) The Corrections Standards Authority shall develop, approve,
and monitor standards for the selection and training of state
correctional peace officer apprentices. Any standard for selection
established under this subdivision shall be subject to approval by
the State Personnel Board. Using the psychological and screening
standards established by the State Personnel Board, the State
Personnel Board or the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities shall ensure that, prior to training,
each applicant who has otherwise qualified in all physical and other
testing requirements to be a peace officer in either a youth or
adult correctional facility, is determined to be free from emotional
or mental conditions that might adversely affect the exercise of his
or her duties and powers as a peace officer.
(b) The authority may approve standards for a course in the
carrying and use of firearms for correctional peace officers that is
different from that prescribed pursuant to Section 832. The standards
shall take into consideration the different circumstances presented
within the institutional setting from that presented to other law
enforcement agencies outside the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority subject to approval by the State
Personnel Board, pursuant to Section 19170 of the Government Code.
(d) The authority shall develop, approve, and monitor standards
for advanced rank-and-file and supervisory state correctional peace
officer and training programs for the Department of Corrections and
Rehabilitation. When a correctional peace officer is promoted within
the department, he or she shall be provided with and be required to
complete these secondary training experiences.
(e) The authority shall develop, approve, and monitor standards
for the training of state correctional peace officers in the
department in the handling of stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
authority may confer with, and may avail itself of the assistance and
recommendations of, other state and local agencies, boards, or
commissions.
(g) Notwithstanding the authority of the authority, the department
shall design and deliver training programs, shall conduct validation
studies, and shall provide program support. The authority shall
monitor program compliance by the department.
(h) The authority may disapprove any training courses created by
the department pursuant to the standards developed by the authority
if it determines that the courses do not meet the prescribed
standards.
(i) The authority shall annually submit an estimate of costs to
conduct those inquiries and audits as may be necessary to determine
whether the department and each of its institutions and parole
regions are adhering to the standards developed by the authority, and
shall conduct those inquiries and audits consistent with the annual
Budget Act.
(j) The authority shall establish and implement procedures for
reviewing and issuing decisions concerning complaints or
recommendations from interested parties regarding authority rules,
regulations, standards, or decisions.
SEC. 68. Section 13602 of the Penal Code is amended to read:
13602.
(a) The Department of Corrections and Rehabilitation may use the
training academy at Galt or the training center in Stockton. The
academy at Galt shall be known as the Richard A. McGee Academy. The
training divisions, in using the funds, shall endeavor to minimize
costs of administration so that a maximum amount of the funds will be
used for providing training and support to correctional peace
officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the Corrections
Standards Authority before he or she may be assigned to a post or
job as a peace officer. Every newly appointed first-line or
second-line supervisor in the Department of Corrections and
Rehabilitation shall complete the course of training, pursuant to
standards approved by the authority for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
SEC. 69. Section 13603 of the Penal Code is amended to read:
13603.
(a) The Department of Corrections and Rehabilitation shall provide
16 weeks of training to each correctional peace officer cadet.
Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the Corrections
Standards Authority on how to implement the on-the-job training
requirements of the subdivision, the department shall provide a total
of 16 weeks of training to each correctional peace officer cadet as
follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority pursuant to
Section 13602.
SEC. 70. Section 13810 of the Penal Code is amended to read:
13810.
There is hereby created in the state government the California
Council on Criminal Justice, which shall be composed of the following
members: the Attorney General; the Administrative Director of the
Courts; 19 members appointed by the Governor, including the
Commissioner of the Department of the Highway Patrol, the Secretary
of the Department of Corrections and Rehabilitation, or his or her
designee, a subordinate officer of the Secretary of Corrections and
Rehabilitation, and the State Public Defender; eight members
appointed by the Senate Rules Committee; and eight members appointed
by the Speaker of the Assembly.
The remaining appointees of the Governor shall include different
persons from each of the following categories: a district attorney, a
sheriff, a county public defender, a county probation officer, a
member of a city council, a member of a county board of supervisors,
a faculty member of a college or university qualified in the field of
criminology, police science, or law, a person qualified in the field
of criminal justice research and six private citizens, including a
representative of a citizens, professional, or community
organization. The Senate Committee on Rules shall include among its
appointments different persons from each of the following categories:
a member of the Senate Public Safety Committee, a representative of
the counties, a representative of the cities, a judge designated by
the Judicial Council, and four private citizens, including a
representative of a citizens, professional, or community
organization. The Speaker of the Assembly shall include among his
appointments different persons from each of the following categories:
a representative of the counties, a representative of the cities, a
member of the Assembly Committee on Public Safety, a chief of police,
a peace officer, and three private citizens, including a
representative of a citizens, professional, or community organization
directly related to delinquency prevention.
The Governor shall select a chairman from among the members of the
council.
SEC. 71. Section 14204 of the Penal Code is amended to read:
14204.
The Attorney General shall provide training on the services
provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys' offices,
the Department of Corrections and Rehabilitation, probation
departments, court mediation services, and the judiciary. The
Corrections Standards Authority shall provide for the presentation of
training to peace officers which will enable them to more
efficiently handle, on the local level, the tracing of missing
persons and victims of violent crimes.
SEC. 72. Section 1000 of the Welfare and Institutions Code is
amended to read:
1000.
Commencing July 1, 2005, any reference to the Department of the
Youth Authority refers to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, which has
jurisdiction over all educational training and treatment institutions
now or hereafter established and maintained in the state as
correctional schools for the reception of wards of the juvenile court
and other persons committed to the department.
SEC. 73. Section 1703 of the Welfare and Institutions Code is
amended to read:
1703.
Commencing July 1, 2005, as used in this chapter the following
terms have the following meanings:
(a) "Public offenses" means public offenses as that term is
defined in the Penal Code.
(b) "Court" includes any official authorized to impose sentence
for a public offense.
(c) "Youth Authority," "Authority," "authority," or "division"
means the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.
(d) "Board" or "board" means the Board of Parole Hearings, until
January 1, 2007, at which time "board" shall refer to the body
created to hear juvenile parole matters under the jurisdiction of the
Chief Deputy Secretary for Juvenile Justice in the Department of
Corrections and Rehabilitation.
(e) The masculine pronoun includes the feminine.
SEC. 74. Section 1710 of the Welfare and Institutions Code is
amended to read:
1710.
(a) Commencing July 1, 2005, any reference to the Department of
the Youth Authority in this or any other code refers to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities.
(b) The Legislature finds and declares the following:
(1) The purpose of the Division of Juvenile Facilities within the
Department of Corrections and Rehabilitation is to protect society
from the consequences of criminal activity by providing for the
secure custody of wards, and to effectively and efficiently operate
and manage facilities housing youthful offenders under the
jurisdiction of the department, consistent with the purposes set
forth in Section 1700.
(2) The purpose of the Division of Juvenile Programs within the
Department of Corrections and Rehabilitation is to provide
comprehensive training, treatment, and rehabilitative services to
youthful offenders under the jurisdiction of the department, that are
designed to promote community restoration, accountability to victims
and to produce youth who become law-abiding and productive members
of society, consistent with the purposes set forth in Section 202.
(3) The purpose of the Division of Juvenile Parole Operations
within the Department of Corrections and Rehabilitation is to monitor
and supervise the reentry into society of youthful offenders under
the jurisdiction of the department, and to promote the successful
reintegration of youthful offenders into society, in order to reduce
the rate of recidivism, thereby increasing public safety.
SEC. 75. Section 1711 of the Welfare and Institutions Code is
amended to read:
1711.
Commencing July 1, 2005, any reference to the Director of the
Youth Authority shall be to the Chief Deputy Secretary for Juvenile
Justice in the Department of Corrections and Rehabilitation, unless
otherwise expressly provided.
SEC. 76. Section 1712 of the Welfare and Institutions Code is
amended to read:
1712.
(a) All powers, duties, and functions pertaining to the care and
treatment of wards provided by any provision of law and not
specifically and expressly assigned to the Juvenile Justice branch of
the Department of Corrections and Rehabilitation, or to the Board of
Parole Hearings, shall be exercised and performed by the Secretary
of the Department of Corrections and Rehabilitation. The secretary
shall be the appointing authority for all civil service positions of
employment in the department. The secretary may delegate the powers
and duties vested in him or her by law, in accordance with Section 7.
(b) Commencing July 1, 2005, the secretary is authorized to make
and enforce all rules appropriate to the proper accomplishment of the
functions of the Division of Juvenile Facilities, Division of
Juvenile Programs, and Division of Juvenile Parole Operations. The
rules shall be promulgated and filed pursuant to Chapter 4.5
(commencing with Section 11371) of Part 1 of Division 3 of Title 2 of
the Government Code, and shall, to the extent practical, be stated
in language that is easily understood by the general public.
(c) The secretary shall maintain, publish, and make available to
the general public, a compendium of rules and regulations promulgated
by the department pursuant to this section.
(d) The following exceptions to the procedures specified in this
section shall apply to the department:
(1) The department may specify an effective date that is any time
more than 30 days after the rule or regulation is filed with the
Secretary of State; provided that no less than 20 days prior to that
effective date, copies of the rule or regulation shall be posted in
conspicuous places throughout each institution and shall be mailed to
all persons or organizations who request them.
(2) The department may rely upon a summary of the information
compiled by a hearing officer; provided that the summary and the
testimony taken regarding the proposed action shall be retained as
part of the public record for at least one year after the adoption,
amendment, or repeal.
SEC. 77. Section 1713 of the Welfare and Institutions Code is
amended to read:
1713.
(a) The Chief Deputy Secretary for Juvenile Justice in the
Department of Corrections and Rehabilitation shall have wide and
successful administrative experience in youth or adult correctional
programs embodying rehabilitative or delinquency prevention concepts.
(b) The Governor may request the State Personnel Board to use
extensive recruitment and merit selection techniques and procedures
to provide a list of persons qualified for appointment as that
subordinate officer. The Governor may appoint any person from such
list of qualified persons or may reject all names and appoint another
person who meets the requirements of this section.
SEC. 78. Section 1714 of the Welfare and Institutions Code is
amended to read:
1714.
The Secretary of the Department of Corrections and Rehabilitation
may transfer persons confined in one institution or facility of the
Division of Juvenile Facilities to another.
SEC. 79. Section 1716 of the Welfare and Institutions Code is
amended to read:
1716.
Commencing July 1, 2005, any reference to the Youth Authority
Board refers to the Board of Parole Hearings. As of that date, the
Youth Authority Board is abolished.
SEC. 80. Section 1717 of the Welfare and Institutions Code is
repealed.
SEC. 81. Section 1718 of the Welfare and Institutions Code is
repealed.
SEC. 82. Section 1719 of the Welfare and Institutions Code is
amended to read:
1719.
(a) Commencing July 1, 2005, the following powers and duties shall
be exercised and performed by the Board of Parole Hearings:
discharges of commitment, orders to parole and conditions thereof,
revocation or suspension of parole, and disciplinary appeals.
(b) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
(c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court,
determination of offense category, setting of parole consideration
dates, conducting annual reviews, treatment program orders,
institution placements, furlough placements, return of nonresident
persons to the jurisdiction of the state of legal residence,
disciplinary decisionmaking, and referrals pursuant to Section 1800.
(d) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions which distinguishes between minor,
intermediate, and serious misconduct. The department may extend a
ward's parole consideration date, subject to appeal pursuant to
subdivision (b), from one to not more than 12 months, inclusive, for
a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in light
of the ward's previous case history and the circumstances of the
misconduct. In any case in which a parole consideration date has been
extended, the disposition report shall clearly state the reasons for
the extension. The length of any parole consideration date extension
shall be based on the seriousness of the misconduct, the ward's
prior disciplinary history, the ward's progress toward treatment
objectives, the ward's earned program credits, and any extenuating or
mitigating circumstances. The department shall promulgate
regulations to implement a table of sanctions to be used in
determining parole consideration date extensions. The department also
may promulgate regulations to establish a process for granting wards
who have successfully responded to disciplinary sanctions a
reduction of up to 50 percent of any time acquired for disciplinary
matters.
SEC. 83. Section 1720 of the Welfare and Institutions Code is
amended to read:
1720.
(a) The case of each ward shall be reviewed by the department
within 45 days of arrival at the department, and at other times as is
necessary to meet the powers or duties of the board.
(b) The Division of Juvenile Facilities shall periodically review
the case of each ward for the purpose of determining whether existing
orders and dispositions in individual cases should be modified or
continued in force. These reviews shall be made as frequently as the
department considers desirable and shall be made with respect to
each ward at intervals not exceeding one year.
(c) The ward shall be entitled to notice if his or her annual
review is delayed beyond one year after the previous annual review
hearing. The ward shall be informed of the reason for the delay and
of the date the review hearing is to be held.
(d) Failure of the division to review the case of a ward within 15
months of a previous review shall not of itself entitle the ward to
discharge from the control of the division but shall entitle him or
her to petition the superior court of the county from which he or she
was committed for an order of discharge, and the court shall
discharge him or her unless the court is satisfied as to the need for
further control.
(e) Reviews conducted by the division pursuant to this section
shall be written and shall include, but not be limited to, the
following: verification of the treatment or program goals and orders
for the ward to ensure the ward is receiving treatment and
programming that is narrowly tailored to address the correctional
treatment needs of the ward and is being provided in a timely manner
that is designed to meet the parole consideration date set for the
ward; an assessment of the ward's adjustment and responsiveness to
treatment, programming, and custody; a review of the ward's
disciplinary history and response to disciplinary sanctions; an
updated individualized treatment plan for the ward that makes
adjustments based on the review required by this subdivision; an
estimated timeframe for the ward's commencement and completion of the
treatment programs or services; and a review of any additional
information relevant to the ward's progress.
(f) The division shall provide copies of the reviews prepared
pursuant to this section to the court and the probation department of
the committing county.
SEC. 84. Section 1721 of the Welfare and Institutions Code is
repealed.
SEC. 85. Section 1722 of the Welfare and Institutions Code is
repealed.
SEC. 86. Section 1723 of the Welfare and Institutions Code is
amended to read:
1723.
(a) Every order granting or revoking parole or issuing final
discharges to any person under the jurisdiction of the division shall
be made by the board or its designee, as authorized by this article.
(b) All other powers conferred to the board concerning wards under
the jurisdiction of the division may be exercised through
subordinates or delegated to the division under rules established by
the board. Any person subjected to an order of those subordinates or
of the division pursuant to that delegation may petition the board
for review. The board may review those orders under appropriate rules
and regulations.
(c) All board designees shall be subject to the training required
pursuant to Section 5075.6 of the Penal Code.
SEC. 87. Section 1725 of the Welfare and Institutions Code is
amended to read:
1725.
(a) Commencing July 1, 2005, the Board of Parole Hearings shall
succeed, and shall exercise and perform all powers and duties
previously granted to, exercised by, and imposed upon the Youthful
Offender Parole Board and Youth Authority Board, as authorized by
this article. The Youthful Offender Parole Board and Youth Authority
Board are abolished.
(b) Commencing January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Chief Deputy
Secretary for Juvenile Justice.
SEC. 88. Section 1766 of the Welfare and Institutions Code is
amended to read:
1766.
(a) When a person has been committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
Board of Parole Hearings may, according to standardized review and
appeal procedures established by the board in policy and regulation
and subject to the powers and duties enumerated in subdivision (a) of
Section 1719 do any of the following:
(1) Permit the ward his or her liberty under supervision and upon
conditions it believes are best designed for the protection of the
public.
(2) Order his or her confinement under conditions it believes best
designed for the protection of the public pursuant to the purposes
set forth in Section 1700, except that a person committed to the
division pursuant to Sections 731 or 1731.5 may not be held in
physical confinement for a total period of time in excess of the
maximum periods of time set forth in Section 731. Nothing in this
subdivision limits the power of the board to retain the minor or the
young adult on parole status for the period permitted by Sections
1769, 1770, and 1771.
(3) Order reconfinement or renewed release under supervision as
often as conditions indicate to be desirable.
(4) Revoke or modify any parole or disciplinary appeal order.
(5) Modify an order of discharge if conditions indicate that such
modification is desirable and when that modification is to the
benefit of the person committed to the division.
(6) Discharge him or her from its control when it is satisfied
that discharge is consistent with the protection of the public.
(b) Within 60 days of intake, the division shall provide the court
and the probation department with a treatment plan for the ward.
(c) A ward shall be entitled to an appearance hearing before a
panel of board commissioners for any action that would result in the
extension of a parole consideration date pursuant to subdivision (d)
of Section 5076.1 of the Penal Code.
(d) The department shall promulgate policies and regulations to
implement this section.
(e) Commencing on July 1, 2004, and annually thereafter, for the
preceding fiscal year, the department shall collect and make
available to the public the following information:
(1) The total number of ward case reviews conducted by the
division and the board, categorized by guideline category.
(2) The number of parole consideration dates for each category set
at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a
parole consideration date, including the category assigned to the
ward, the amount of time added to or subtracted from the parole
consideration date, and the specific reason for the change.
(4) The percentage of wards who have had a parole consideration
date changed to a later date, the percentage of wards who have had a
parole consideration date changed to an earlier date, and the average
annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on
parole, are charged with a new misdemeanor or felony criminal
offense.
(6) Any additional data or information identified by the
department as relevant.
(f) As used in subdivision (e), the term "ward case review" means
any review of a ward that changes, maintains, or appreciably affects
the programs, treatment, or placement of a ward.
SEC. 89. Section 1798 of the Welfare and Institutions Code is
amended to read:
1798.
As of July 1, 2005, the State Commission on Juvenile Justice,
Crime and Delinquency Prevention is abolished.
SEC. 90. Section 1798.5 of the Welfare and Institutions Code is
repealed.
SEC. 91. Section 1798.5 is added to the Welfare and Institutions
Code, to read:
1798.5.
(a) Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the State Commission
on Juvenile Justice. The commission shall advise the Secretary of
the Department of Corrections and Rehabilitation and the Chief Deputy
Secretary of Juvenile Justice of the department. The purpose of the
commission is to provide comprehensive oversight, planning and
coordination of efforts leading to the improvement of juvenile
justice among state and local agencies.
(b) The commission shall be composed of 11 members, one of whom
shall be the Chief Deputy Secretary of Juvenile Justice for the
department, or his or her designee, who shall be designated as the
chairperson. One member shall be appointed by the Senate Rules
Committee. One member shall be appointed by the Speaker of the
Assembly. One member shall be a judge of the juvenile court
designated by the chairperson of the Judicial Council. The remaining
seven members shall be appointed by the Governor after consultation
with, and with the advice of, the secretary of the department, and
with the advice and consent of the Senate. The gubernatorial
appointments shall include all of the following:
(1) A chief probation officer.
(2) A county sheriff.
(3) A manager or administrator of a county local detention
facility for juveniles.
(4) A rank and file representative from local juvenile
corrections.
(5) A representative from a community-based organization serving
at-risk youth.
(6) Two members of the public, at least one of whom shall
represent the interests of crime victims.
(c) The terms of the members appointed by the Governor shall
expire as follows: three on July 1, 2007, and four on July 1, 2008.
The terms of the members appointed by the Senate Rules Committee and
the Speaker of the Assembly shall expire on July 1, 2008. The term of
the member appointed by the Chairperson of the Judicial Council
shall expire on July 1, 2007. Successor members shall hold office for
terms of three years, each term to commence on the expiration date
of the predecessor. Any appointment to a vacancy that occurs for any
reason other than expiration of the term shall be for the remainder
of the unexpired term. Members are eligible for reappointment.
(d) The commission shall select a vice chairperson from among its
members. Six members of the board shall constitute a quorum.
(e) If any member appointed by the Governor is not in attendance
for three consecutive meetings the commission may recommend to the
Governor that the member be removed and the Governor may make a new
appointment, with the advice and consent of the Senate, for the
remainder of the term.
SEC. 92. Section 3150 of the Welfare and Institutions Code is
amended to read:
3150.
Commencing July 1, 2005, any reference to the Narcotic Addict
Evaluation Authority refers to the Board of Parole Hearings, any
reference to the chairperson of the authority is to the chair of the
board, and any reference to a member of the authority is to a
commissioner of the board.
(b) The board shall conduct a full and complete study of the cases
of all patients who are certified by the Secretary of the Department
of Corrections and Rehabilitation to the board as having recovered
from addiction or imminent danger of addiction to such an extent that
release in an outpatient status is warranted.
(c) Members of other similar boards may be assigned to hear cases
and make recommendations to the board on these matters. Those
recommendations shall be made in accordance with policies established
by a majority of the total membership of the board.
SEC. 93. Section 3151 of the Welfare and Institutions Code is
amended to read:
3151.
Commencing July 1, 2005, after an initial period of observation
and treatment, and subject to the rules and policies established by
the secretary, whenever a person committed under Article 2 or Article
3 of this chapter has recovered from his addiction or imminent
danger of addiction to such an extent that, in the opinion of the
secretary, release in an outpatient status is warranted, the
secretary shall certify that fact to the board. If the secretary has
not so certified within the preceding 12 months, in the anniversary
month of the commitment of any person committed under this chapter
his case shall automatically be referred to the board for
consideration of the advisability of release in outpatient status.
Upon certification by the secretary or upon automatic certification,
the board may release the person in an outpatient status subject to
all rules and regulations adopted by the board, and subject to all
conditions imposed by the board, whether of general applicability or
restricted to the particular person released in outpatient status,
and subject to being retaken and returned to inpatient status as
prescribed in those rules, regulations, or conditions. The
supervision of those persons while in an outpatient status shall be
administered by the department. Those persons are not subject to the
provisions of Section 2600 of the Penal Code.
A single commissioner of the board may, by written or oral order,
suspend the release in outpatient status of a person and cause him or
her to be retaken, until the next meeting of the board. The written
order of any commissioner shall be a sufficient warrant for any peace
officer to return persons to physical custody.
It is the duty of all peace officers to execute any order under
this section in the same manner as ordinary criminal process.
SEC. 94. Section 3157 of the Welfare and Institutions Code is
repealed.
SEC. 95. Section 3158 of the Welfare and Institutions Code is
amended to read:
3158.
Notwithstanding Section 11425.10 of the Government Code, Chapter
4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title
2 of the Government Code does not apply to a release hearing or other
adjudication concerning rights of a person committed to the custody
of the secretary by the board.
SEC. 96. Section 3300 of the Welfare and Institutions Code is
amended to read:
3300.
There is hereby established an institution and branches, under the
jurisdiction of the Department of Corrections and Rehabilitation, to
be known as the California Rehabilitation Center. Branches may be
established in existing institutions of the Department of Corrections
and Rehabilitation, Division of Adult Operations, in halfway houses
as described in Section 3153, in such other facilities as may be made
available on the grounds of other state institutions, and in city
and county correctional facilities where treatment facilities are
available. Branches shall not be established on the grounds of such
other institutions in any manner which will result in the placement
of patients of such institutions into inferior facilities. Branches
placed in a facility of the State Department of Mental Health shall
have prior approval of the Director of Mental Health, and branches
placed in a facility of the State Department of Developmental
Services shall have the prior approval of the Director of
Developmental Services. Commencing July 1, 2005, the branches in the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities shall be established by order of the secretary, and shall
be subject to his or her administrative direction. Branches placed
in city or county facilities shall have prior approval of the
legislative body of the city or county.
Persons confined pursuant to this section in branches established
in city and county correctional facilities shall be housed separately
from the prisoners therein, and shall be entitled to receive
treatment substantially equal to that which would be afforded those
persons if confined in the main institution of the California
Rehabilitation Center.
SEC. 97. Section 3309 of the Welfare and Institutions Code is
amended to read:
3309.
Commencing July 1, 2005, the Secretary of the Department of
Corrections and Rehabilitation shall make rules and regulations for
the government of the community correctional centers in the
management of their affairs.
SEC. 98.
Section 48 of Governor's Reorganization Plan No. 1, as submitted
to the Legislature on February 22, 2005, is not operative.
SEC. 99.
This act shall become operative only if the Governor's
Reorganization Plan No. 1 becomes effective. This measure shall
become operative as of July 1, 2005. However, in order to facilitate
a smooth transition to the operations of the newly reorganized
department, the Secretary of the Department of Corrections and
Rehabilitation shall retain and exercise authority over all
operations of all divisions of the department until January 1, 2006.
SEC. 100.
It is the intent of the Legislature that the changes made in this
act supplement and refine the changes proposed by Governor's
Reorganization Plan No. 1, as submitted to the Legislature on
February 22, 2005, and to the extent that any conflicts exist between
this act and that measure, the changes made in this act shall
prevail.
SEC. 101.
(a) It is the intent of the Legislature that nothing in this act
shall compromise public safety or cause public safety to become
subordinate to economic or other interests.
(b) It is the intent of the Legislature that any expansion of
rehabilitation programs by this act shall not change the public
safety objective, nor shall the creation of new education,
rehabilitation, or parole programs or alternatives pursuant to this
act be construed to create new entitlements.
(c) It is the intent of the Legislature that this act is not
designed to create new programs that are alternatives to
incarceration. Any additional programs should be evidence-based,
result-oriented and subject to periodic review.
SEC. 102.
The program budget structures for the Department of Corrections
and Rehabilitation shall not go into effect until a process for
making a transition to a new program budget structure is approved by
the Legislature in the Budget Act of 2005 or in any budget
implementing legislation necessary to enact statutory changes
relating to the Budget Act of 2005, and the program budget structures
are approved by the Legislature consistent with the approved process
or legislation for transition.
SEC. 103.
This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that Governor's Reorganization Plan No. 1 will
be effectively and efficiently implemented, it is necessary that this
act take effect immediately.