BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1032| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1032 Author: Wright (D) Amended: 4/27/10 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/27/10 AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price, Walters, Wolk, Wyland, Yee NO VOTE RECORDED: Cox SUBJECT : Office of the Inspector General: Public Safety Officers Procedural Bill of Rights SOURCE : California Correctional Supervisors Organization DIGEST : This bill provides that the enforcement provisions contained in subdivision (a) to (d) inclusive of Section 3309.5 of the Government Code, pertaining to violations of the Public Safety Officers Procedural Bill of Rights Act, will apply to the Inspector General. ANALYSIS : Existing law establishes the Office of the Inspector General for the purpose of conducting audits and investigations of the Department of Corrections and CONTINUED SB 1032 Page 2 Rehabilitation, as specified. Under existing law, the Inspector General may require any employee of the department to be interviewed on a confidential basis. Existing law provides that it is not the purpose of these communications to address disciplinary action or grievance procedures that may routinely occur and that if it appears that the facts of the case could lead to punitive action, the Inspector General shall be subject to specified provisions governing interrogations and investigations of public safety officers. This bill provides that the enforcement provisions contained in Section 3309.5 of the Government Code, pertaining to violations of the Public Safety Officers Procedural Bill of Rights Act, will apply to the Inspector General. These provisions establish jurisdiction for any claimed violation in the Superior Court and provide a variety of civil remedies that a court may grant to address any violation. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Enforcement provisions Likely minor litigation costsGeneral SUPPORT : (Verified 5/27/10) California Correctional Supervisors Organization (source) California Narcotics Officers' Association California Peace Officers' Association California Police Chiefs' Association ARGUMENTS IN SUPPORT : According to the author: "This bill will correct a flaw in the original legislation creating the Office of Inspector General (OIG). In the original legislation the Peace Officers Bill of Rights SB 1032 Page 3 (POBR) was referenced requiring the OIG to follow the provisions of POBR; however the original drafters left off the enforcement section of POBR rendering the requirement of the OIG to comply with POBR, with no penalty for not following it. In a recent court case the Judge noted that while the OIG violated the provisions of POBR, because the penalty section was omitted there was no legal remedy for this violation. The court further indicated that the OIG should have followed POBR." RJG:mw 5/27/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****