AB 1434 Assembly Bill

BILL NUMBER: AB 1434	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 27, 2009

   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. 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   Controller  , and
the Attorney General, and require the board to appoint individuals to
these positions. This bill would also  authorize 
 provide that  individuals appointed to these positions
 to   shall  serve at the pleasure of the
board  , and would require the secretary to perform other duties
prescribed by the board  .  This bill also make a
technical, nonsubstantive change to these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: 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 Corrections and
Rehabilitation Board, subject to  Senate  confirmation
 by approval of two-thirds of the Senate  , and
shall serve at the pleasure of the 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 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
Corrections and Rehabilitation Board. One undersecretary shall
oversee program support and the other undersecretary shall oversee
program operations for the department.
   (c) The 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 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 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
Corrections and Rehabilitation Board.
   (e) The 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
Corrections and Rehabilitation Board.
   (f) There is hereby created in state government the Corrections
and Rehabilitation Board, consisting of the Governor, the 
Lieutenant Governor   Controller  , 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 Corrections and
Rehabilitation Board, upon recommendation of the secretary, subject
to Senate confirmation, who shall serve at the pleasure of the
Corrections and Rehabilitation Board.
   (b) The 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 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 Corrections and Rehabilitation
Board, at the recommendation of the secretary, subject to Senate
confirmation, who shall serve at the pleasure of the 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 Corrections and Rehabilitation Board, at the recommendation of
the secretary, subject to Senate confirmation, who shall serve at the
pleasure of the Corrections and Rehabilitation Board.
  SEC. 5.  Section 12838.13 of the Government Code is repealed.