BILL NUMBER: SB 139 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 10, 2011
INTRODUCED BY Senator Alquist
JANUARY 31, 2011
An act to amend Section 6126 of, and to add Section 5040
to, add Sections 5040 and 6134 to the Penal
Code, relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 139, as amended, Alquist. Corrections: Inspector General.
Existing law establishes the office of the Inspector General, and
charges the Inspector General with various duties and
responsibilities, including conducting audits of , and
reviewing the policies and procedures of, the Department of
Corrections and Rehabilitation. Existing law establishes the
Department of Corrections and Rehabilitation, and charges it with
various duties and responsibilities related to inmates housed in
state prisons.
This bill would require authorize
the Inspector General , or its successor, to oversee, and
the Department of Corrections and Rehabilitation to oversee and
conduct, periodic and random searches of employees and vendors
entering the secure perimeter of a state prison under the
jurisdiction of the department for contraband, and require the
department to report to the Inspector General and the Legislature
monthly regarding those searches, as specified.
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 5040 is added to the Penal Code, to read:
5040. (a) The Department of Corrections and Rehabilitation shall
oversee and conduct periodic and random searches of employees and
vendors entering the secure perimeter of a state prison under the
jurisdiction of the department for contraband. These searches shall
include random searches of property, personal or otherwise, brought
into the prison by those individuals. The department shall provide
the Inspector General with no less than 24 hours' notice prior to the
dates of those random searches the department plans to conduct.
(b) (1) The department shall provide a written report to the
Legislature and the Inspector General at least monthly detailing the
following:
(A) The names of the prisons where the searches took place.
(B) The dates of the searches.
(C) The shifts during which the searches took place.
(D) The number of employees searched.
(E) The number of vendors searched.
(F) The number of cell phones discovered.
(G) The number of items of portable computer equipment found,
including, but not limited to, iPods, MP3 players, DVD players, CD
players, CDs, and portable video game players.
(H) Tobacco products found.
(I) Illegal substances found, listed by type of substance.
(2) The report shall include a general comment section for use by
the Inspector General and the department to discuss the issues they
find relevant to the searches and shall include a section detailing
the actions taken as a result of the discovery of contraband
possessed by an employee or vendor and the results of any
disciplinary process resulting from the discovery of contraband.
(c) The reports to be submitted pursuant to subdivision (b) shall
be submitted in compliance with Section 9795 of the Government Code.
SEC. 2. Section 6134 is added to the
Penal Code , to read:
6134. The Inspector General, or its successor, may oversee, at a
minimum, the department's search of one staff shift per year at each
adult institution, in order to ensure the integrity of the process
and of the searches, and the accuracy of the reports submitted
pursuant to Section 5040. Nothing in this paragraph shall be
interpreted to allow the Inspector General to direct the department
regarding when the random searches shall take place, to allow the
Inspector General to direct the department regarding how the random
searches shall be carried out, or as requiring the Inspector General'
s approval prior to the department conducting the random searches.
SEC. 2. 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, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process, 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. Each
audit of a warden shall include, but not be limited to, issues
relating to personnel, training, investigations, and financial
matters. Each four-year audit shall include an assessment of the
maintenance of the facility managed by the warden. The audit report
shall include all significant findings of the Inspector General's
assessment of facility maintenance. 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.
(3) The Inspector General shall oversee, at a minimum, the
department's search of one staff shift per year at each adult
institution, in order to ensure the integrity of the process and of
the searches, and the accuracy of the reports submitted pursuant to
Section 5040. Nothing in this paragraph shall be interpreted to allow
the Inspector General to direct the department regarding when the
random searches shall take place, to allow the Inspector General to
direct the department regarding how the random searches shall be
carried out, or as requiring the Inspector General's approval prior
to the department conducting the random searches.
(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 and as
superintendents for the state's juvenile facilities.
(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.