BILL NUMBER: SB 139	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2011
	AMENDED IN SENATE  MAY 24, 2011
	AMENDED IN SENATE  MAY 10, 2011

INTRODUCED BY   Senator Alquist

                        JANUARY 31, 2011

   An act 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 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
quarterly 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)  (1)    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'   five working days'  notice
prior to the dates of those random searches the department plans to
conduct. 
   (2) The searches shall be conducted at each institution at least
once per month. However, the secretary, or his or her designee, may
cancel a search at an institution in a given month provided both of
the following criteria are met:  
   (A) For every canceled search at an institution per month, an
additional search shall be conducted at another institution within
that same month.  
   (B) No institution may go three consecutive months without a
search. 
   (b) (1) The department shall provide a written report to the
Legislature and the Inspector General at least quarterly 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.