BILL NUMBER: AB 1434 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Torrico
FEBRUARY 27, 2009
An act to amend Section 2653 of the Penal Code, relating
to prisoners. An act to amend Sections 12838, 12838.1,
12838.2, and 12838.3 of, and to repeal Section 12838.13 of, the
Government Code, relating to the Department of Corrections and
Rehabilitation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1434, as amended, Torrico. Prisoners: medical
treatment. Department of Corrections and
Rehabilitation: appointments.
Existing law requires the Governor to appoint the Secretary of
Corrections and Rehabilitation and other specified positions within
the Department of Corrections and Rehabilitation. Existing law
authorizes individuals appointed to these positions to serve at the
pleasure of the Governor.
This bill would eliminate these provisions and instead create the
Corrections and Rehabilitation Board, consisting of the Governor,
Lieutenant Governor, and the Attorney General, and require the board
to appoint individuals to these positions. This bill would also
authorize individuals appointed to these positions to serve at the
pleasure of the board. This bill also make a technical,
nonsubstantive change to these provisions.
Existing law provides that if a physician employed by the
Department of Corrections and Rehabilitation certifies in writing
that a particular medical treatment is required for a prisoner, as
specified, that order may not be modified or canceled by any other
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance, except as
specified.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12838 of the
Government Code is amended to read:
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
Corrections and Rehabilitation Board , subject to
Senate confirmation by approval of two-thirds of the
Senate , and shall serve at the pleasure of the
Governor Corrections and Rehabilitation Board. The
secretary shall perform other duties prescribed by the Corrections
and Rehabilitation Board . 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 Corrections and
Rehabilitation Board , upon recommendation of the secretary,
may appoint two undersecretaries of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The undersecretaries
shall hold office at the pleasure of the Governor
Corrections and Rehabilitation Board . One undersecretary
shall oversee program support and the other undersecretary shall
oversee program operations for the department.
(c) The Governor Corrections and
Rehabilitation Board , 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 Corrections and Rehabilitation Board .
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 Corrections and
Rehabilitation Board , 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
Corrections and Rehabilitation Board .
(e) The Governor Corrections and
Rehabilitation Board , 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
Corrections and Rehabilitation Board .
(f) There is hereby created in state government the Corrections
and Rehabilitation Board, consisting of the Governor, the Lieutenant
Governor, and the Attorney General.
SEC. 2. Section 12838.1 of the
Government Code is amended to read:
12838.1. (a) 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
Corrections and Rehabilitation Board , upon
recommendation of the secretary, subject to Senate confirmation, who
shall serve at the pleasure of the Governor
Corrections and Rehabilitation Board .
(b) The Governor Corrections and
Rehabilitation Board 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
Corrections and Rehabilitation Board . Each subordinate officer
appointed pursuant to this subdivision shall oversee an identified
category of adult institutions, one of which shall be female offender
facilities.
SEC. 3. Section 12838.2 of the
Government Code is amended to read:
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
Corrections and Rehabilitation Board , at the recommendation
of the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor Corrections and
Rehabilitation Board .
SEC. 4. Section 12838.3 of the
Government Code is amended to read:
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 Corrections and Rehabilitation
Board , at the recommendation of the secretary, subject to
Senate confirmation, who shall serve at the pleasure of the
Governor Corrections and Rehabilitation Board .
SEC. 5. Section 12838.13 of the
Government Code is repealed.
12838.13. This article shall become operative as of July 1, 2005.
SECTION 1. Section 2653 of the Penal Code is
amended to read:
2653. (a) If a physician employed by the Department of
Corrections and Rehabilitation certifies in writing that a particular
medical treatment is required to prevent a violation of Section 147,
673, 2650, or 2652, or is required to prevent serious and imminent
harm to the health of a prisoner, the order for that particular
medical treatment may not be modified or canceled by any employee of
the department without the approval of the chief medical officer of
the institution or the physician in attendance unless an inmate or
ward has a known history of violent or otherwise disruptive behavior
that requires additional measures to protect the safety and security
of the institution specified in writing by the warden or
superintendent, or unless immediate security needs require alternate
or modified procedures. Following any necessary modified or alternate
security procedures, treatment of the inmate or ward shall be
effected as expeditiously as possible.
Nothing in this section shall be construed to prevent a registered
nurse from questioning, or seeking clarification of, an order from a
physician that in the professional judgment of that nurse endangers
patient health or safety, or otherwise is contrary to the
professional ethics of the registered nurse.
(b) Any person who violates this section shall be subject to
appropriate disciplinary action by the department.