BILL NUMBER: SB 490 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Hancock
FEBRUARY 17, 2011
An act to amend Sections 830.2, 830.5, 830.11, 6125,
6126, 6126.2, 6126.3, 6126.4, 6126.5, 6126.6,
6127.3, 6127.4, 6128, 6131, 6132, and
6133 6140 of, to add Sections
6127.5 and 6127.6 to, and to amend the heading of
Chapter 8.2 (commencing with Section 6125) of Title 7 of Part 3 of,
to repeal Sections 6126.1, 6127.1, and 6129
6051, 6126.1, 6126.6, 6127.1, 6128, 6129, and 6133 of,
and to repeal and add Section 6126 of, the Penal Code,
relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 490, as amended, Hancock. Corrections: Office of the Inspector
General.
(1) Existing law creates the independent Office of the Inspector
General and provides that it is not a subdivision of any other
government entity. The Inspector General and certain other employees
of the office are peace officers provided that the primary duty of
these peace officers is conducting audits of investigatory practices
and other audits, as well as conducting investigations, of the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice, and the Board of Parole Hearings.
This bill would remove the Inspector General and the other
employees from peace officer status . The bill would eliminate
the Office of the Inspector General and replace it with its successor
the Office of Independent Correctional Oversight and make conforming
changes . The bill would require the Governor to appoint
a director for the office, as specified , and
would authorize the Inspector General
director and certain other employees to exercise the powers of
arrest and serving warrants, as provided.
(2) Existing law requires the Inspector General to, among other
things, 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,
and audit each warden of an institution one year after his or her
appointment and each correctional institution at least once every 4
years. Existing law establishes within the Office of the
Inspector General a Bureau of Independent Review (BIR). Existing law
requires the Inspector General to evaluate and determine the
qualifications of each candidate for warden or superintendent, as
specified.
The bill would revise and recast the duties of the Inspector
General by, among other things, requiring him or her to conduct,
report on, and track the resolution of, financial and performance
audits of the Department of Corrections and Rehabilitation's programs
and functions, conduct special reviews and assessments of the
department's programs and activities using methods other than
traditional audit and investigative disciplines, inspect all
correctional, medical, and other facilities of the department, and
advise the department, the Governor, and the Legislature in the
development of performance measures, standards, and procedures for
the evaluation of department programs.
The bill would require that by December 31, 2012, the Inspector
General establish, adopt, and implement regulations and procedures
regarding the review of the qualifications of candidates for the
position of warden or superintendent. The bill would also require
that by December 31, 2012, the Inspector General adopt regulations
and procedures regarding how certain issues, investigations, and
communications before the Inspector General would be considered and
selected for audit, special review, inspection, or advisement.
This bill would continue the purpose and duties of the BIR through
the Office of Independent Correctional Oversight and require the
Office of Independent Correctional Oversight to perform the function
of evaluating candidates for warden or superintendent, as specified.
The bill would authorize the office, pursuant to adoption of
regulations and procedures, to conduct oversight reviews pertaining
to specified significant correctional issues, including, among
others, employee use of force, inmate-patient health care delivery,
and security procedures.
(3) Existing law makes it a misdemeanor for certain persons that
have assisted the Inspector General in the course of any audit or
investigation or that have been furnished a draft copy of any report
for comment or review to divulge or make known in any manner not
expressly permitted by law any particulars of any record, document,
or information the disclosure of which is restricted by law from
release to the public.
This bill would delete the reference to any audit or investigation
and instead make the misdemeanor applicable to certain persons
that who have assisted the
Inspector General director in the course of
its his or her work. Because the bill
would expand the scope of a crime, it would impose a state-mandated
local program.
(4) Existing law requires the Inspector General, upon receiving a
complaint of retaliation from an employee against a member of
management at the department, to commence an inquiry into the
complaint and conduct a formal investigation where a legally
cognizable cause of action is presented, as provided.
The bill would delete those provisions.
The bill would also delete obsolete provisions and make conforming
changes.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The bill would delete those provisions.
The bill would also delete obsolete provisions and make conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.2 of the Penal Code is amended to read:
830.2. The following persons are peace officers whose authority
extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
(b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
(c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
(d) (1) Any member of the Office of Correctional Safety of the
Department of Corrections and Rehabilitation, provided that the
primary duties of the peace officer shall be the investigation or
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, the investigation of any violation of criminal law
discovered while performing the usual and authorized duties of
employment, and the coordination of those activities with other
criminal justice agencies.
(2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
(e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
(f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
(g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
(h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
(i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
SEC. 2. Section 830.5 of the Penal Code is amended to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
(a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) To the rendering of mutual aid to any other law enforcement
agency.
For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
(b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or any employee of the Department of
Corrections designated by the Director of Corrections or any
correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority or any superintendent, supervisor, or employee
having custodial responsibilities in an institution operated by a
probation department, or any transportation officer of a probation
department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 25400.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections shall allow reasonable access to
its ranges for officers and designees of either department to
qualify to carry concealable firearms off duty. The time spent on the
range for purposes of meeting the qualification requirements shall
be the person's own time during the person's off-duty hours.
(f) The Director of Corrections shall promulgate regulations
consistent with this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the Director
of the Youth Authority, or his or her designee. The director, or his
or her designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
SEC. 3. Section 830.11 of the Penal Code is amended to read:
830.11. (a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if they receive a course in the exercise of those powers
pursuant to Section 832. The authority and powers of the persons
designated under this section shall extend to any place in the state:
(1) Persons employed by the Department of Financial Institutions
designated by the Commissioner of Financial Institutions, provided
that the primary duty of these persons shall be the enforcement of,
and investigations relating to, the provisions of law administered by
the Commissioner of Financial Institutions.
(2) Persons employed by the Department of Real Estate designated
by the Real Estate Commissioner, provided that the primary duty of
these persons shall be the enforcement of the laws set forth in Part
1 (commencing with Section 10000) and Part 2 (commencing with Section
11000) of Division 4 of the Business and Professions Code. The Real
Estate Commissioner may designate persons under this section, who at
the time of their designation, are assigned to the Special
Investigations Unit, internally known as the Crisis Response Team.
(3) Persons employed by the State Lands Commission designated by
the executive officer, provided that the primary duty of these
persons shall be the enforcement of the law relating to the duties of
the State Lands Commission.
(4) Persons employed as investigators of the Investigations Bureau
of the Department of Insurance, who are designated by the Chief of
the Investigations Bureau, provided that the primary duty of these
persons shall be the enforcement of the Insurance Code and other laws
relating to persons and businesses, licensed and unlicensed by the
Department of Insurance, who are engaged in the business of
insurance.
(5) Persons employed as investigators and investigator supervisors
of the Consumer Services Division or the Rail Safety and Carrier
Division of the Public Utilities Commission who are designated by the
commission's executive director and approved by the commission,
provided that the primary duty of these persons shall be the
enforcement of the law as that duty is set forth in Section 308.5 of
the Public Utilities Code.
(6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board's executive
director, provided that the primary duty of these persons shall be
the enforcement of laws administered by the State Board of
Equalization.
(B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.
(7) Persons employed by the Department of Food and Agriculture and
designated by the Secretary of Food and Agriculture as
investigators, investigator supervisors, and investigator managers,
provided that the primary duty of these persons shall be enforcement
of, and investigations relating to, the Food and Agricultural Code or
Division 5 (commencing with Section 12001) of the Business and
Professions Code.
(8) The Inspector General, pursuant to Section 6125, the Chief
Deputy Inspector General, Chief Assistant Inspectors General, Deputy
Inspectors General In Charge, Senior Deputy Inspectors General,
Deputy Inspectors General, Senior Assistant Inspectors General,
Special Assistant Inspectors General, and those employees of the
Inspector General as designated by the Inspector General, provided
that the primary duty of these persons shall be the enforcement of
the law relating to the duties of the Office of the Inspector
General.
(8) The Director of the Office of Independent Correctional
Oversight and those employees of the office as designated by the
director, provided that the primary duty of those persons shall be
the enforcement of the law relating to the duties of the Office of
Independent Correctional Oversight.
(b) Notwithstanding any other provision of law, persons designated
pursuant to this section may not carry firearms.
(c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
SEC. 4. Section 6051 of the Penal Code
is repealed.
6051. The Inspector General may conduct a management review audit
of any warden in the Department of Corrections and Rehabilitation or
superintendent in the Division of Juvenile Justice. The management
review audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
management review audit shall include an assessment of the
maintenance of the facility managed by the warden or superintendent.
The audit report shall be submitted to the secretary of the
department for evaluation and for any response deemed necessary. Any
Member of the Legislature or the public may request and shall be
provided with a copy of any audit by the Inspector General, including
a management review audit or a special audit or review. A report
that involves potential criminal investigations or prosecution or
security practices and procedures shall be considered confidential,
and its disclosure shall not be required under this section.
SEC. 5. The heading of Chapter 8.2 (commencing with
Section 6125) of Title 7 of Part 3 of the Penal Code
is amended to read:
CHAPTER 8.2. OFFICE OF THE INSPECTOR GENERAL
INDEPENDENT CORRECTIONAL OVERSIGHT
SEC. 4. SEC. 6. Section 6125 of the
Penal Code is amended to read:
6125. (a) There is hereby created the independent Office
of the Inspector General Office of Independent
Correctional Oversight which shall not be a subdivision of any
other governmental entity.
(b) The purpose of the Office of the Inspector General
shall be to promote Independent Correctional Oversight
shall be to perform its functions as prescribed by law in a manner
that promotes management, fiscal and program
competency, and accountability in the state correctional system in
furtherance of public safety and evidence-based correctional
practices.
(c) The Governor shall appoint, subject to confirmation by the
Senate, the Inspector General to a six-year term. The
Inspector General a director for the office, who shall
hold office for a four-year term. The director may not be
removed from office during that term, except for good cause.
(d) The Inspector General director
shall be deemed to be a department head for the purpose of Section
11189 of the Government Code in connection with any
investigation or audit conducted pursuant to this chapter. The
Inspector General shall have authority to hire or retain counsel to
provide confidential advice during audits and investigations. If the
Attorney General has a conflict of interest in representing the
Inspector General in any litigation, the Inspector General shall have
authority to hire or retain counsel to represent the Inspector
General. work conducted pursuant to this chapter.
(e) For purposes of this chapter, "director" means the Director
of the Office of Independent Correctional Oversight.
SEC. 5. Section 6126 of the Penal Code is
amended to read:
6126. 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.
SEC. 7. Section 6126 of the Penal Code
is repealed.
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.
(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.
SEC. 8. Section 6126 is added to the
Penal Code , to read:
6126. (a) The Legislature finds and declares that the purpose and
duties of the Bureau of Independent Review, previously existing
within the Office of the Inspector General and repealed by this act,
shall continue through the Office of Independent Correctional
Oversight as created by this act.
(b) The Office of Independent Correctional Oversight shall perform
the following duties:
(1) Contemporaneous public oversight of the Department of
Corrections and Rehabilitation investigations conducted by the
Department of Corrections and Rehabilitation's Office of Internal
Affairs.
(2) Advising the public regarding the adequacy of each
investigation, and whether discipline of the subject of the
investigation is warranted.
(3) Issuing regular reports, no less than annually, to the
Governor and the Legislature summarizing its recommendations
concerning its oversight of the Department of Corrections and
Rehabilitation allegations of internal misconduct and use of force.
(4) Issuing regular reports, no less than semiannually,
summarizing its oversight of Office of Internal Affairs
investigations pursuant to paragraphs (1) and (2). The reports shall
include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the office.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the office's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the office's recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the office concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(F) The reports shall be in a form that does not identify the
agency employees involved in the alleged misconduct.
(G) The reports shall be posted on the office's Internet Web site
and otherwise made available to the public upon their release to the
Governor and the Legislature.
(H) A report pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
(5) Reviewing the qualifications of a candidate for warden or
superintendent as follows:
(A) Prior to filling a vacancy for warden by appointment pursuant
to Section 6050, or superintendent pursuant to Section 1049 of the
Welfare and Institutions Code, the Governor shall first submit to the
Office of Independent Correctional Oversight the names of candidates
for the position of warden or superintendent for review of their
qualifications.
(B) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the director shall employ
appropriate confidential procedures to evaluate and determine the
qualifications of each candidate with regard to his or her ability to
discharge the duties of the office to which the appointment or
nomination is made.
(C) Within 45 days of submission by the Governor of those names,
the director shall advise, in confidence to the Governor, his or her
recommendation whether the candidate is exceptionally well qualified,
well qualified, qualified, or not qualified and the reasons
therefor, and may report, in confidence, any other information that
the director deems pertinent to the qualifications of the candidate.
(D) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the director shall consider,
among other appropriate factors, the candidate's experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons, and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(E) The Office of Independent Correctional Oversight shall
establish and promulgate rules and procedures to implement this
paragraph no later than December 31, 2012. The director shall
establish and adopt rules and procedures regarding the review of the
qualifications of candidates for the position of warden or
superintendent. Those rules, regulations, and procedures shall
establish appropriate, confidential methods for disclosing to the
candidate the subject matter of substantial and credible adverse
allegations received
regarding the candidate's reputation and integrity, which, unless
rebutted, would be determinative of the candidate's unsuitability for
appointment. No rule or procedure shall be adopted that permits the
disclosure to the candidate of information from which the candidate
may infer the source, and no information shall either be disclosed to
the candidate or be obtainable by any process that would jeopardize
the confidentiality of communications from persons whose opinions
have been sought on the candidate's qualifications.
(F) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the director in furtherance
of the purposes of this section are absolutely privileged from
disclosure and confidential, and any communication made in the
discretion of the Governor or the director with a candidate or person
providing information in furtherance of the purposes of this section
shall not constitute a waiver of the privilege or a breach of
confidentiality.
(G) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
director, the director shall make public that finding, after due
notice to the appointee of his or her intention to do so. That notice
and disclosure shall not constitute a waiver of privilege or breach
of confidentiality with respect to communications of or to the
director concerning the qualifications of the appointee.
(H) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefor.
(I) As used in this section, "Office of Independent Correctional
Oversight" or "office" includes employees and agents of the Office of
Independent Correctional Oversight and the director.
(J) At any time prior to the receipt of the review from the Office
of Independent Correctional Oversight specified in subdivision (b),
the Governor may withdraw the name of any person submitted to the
Office of Independent Correctional Oversight for evaluation pursuant
to this section.
(K) No candidate for the position of warden or superintendent may
be appointed until the director has advised the Governor pursuant to
this section, or until 45 days have elapsed after submission of the
candidate's name to the Office of Independent Correctional Oversight,
whichever occurs earlier. The requirement of this subparagraph shall
not apply to any vacancy in the position of warden or superintendent
occurring within the days preceding the expiration of the Governor's
term of office; provided, however, that, with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Office of Independent Correctional Oversight in order to
provide the office an opportunity, if time permits, to review and
make a report.
(L) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
(c) Subject to subdivision (d), the Office of Independent
Correctional Oversight may conduct oversight reviews pertaining to
the following significant correctional issues relating to the
Department of Corrections and Rehabilitation:
(1) Security procedures, including contraband interdiction.
(2) Inmate, ward, and parolee administrative appeals and
grievances.
(3) Employee use of force.
(4) Prison Rape Elimination Act procedures.
(5) Inmate-patient health care delivery.
(d) Oversight reviews conducted pursuant to subdivision (c) may be
conducted only pursuant to the adoption of regulations and
procedures for determining how the issues before the office shall be
considered and selected.
SEC. 6. SEC. 9. Section 6126.1 of
the Penal Code is repealed.
SEC. 7. SEC. 10. Section 6126.2 of
the Penal Code is amended to read:
6126.2. The Inspector General director
shall not hire any person known to be directly or indirectly
involved in an open internal affairs investigation being conducted by
any federal, state, or local law enforcement agency or the
Inspector General Office of Independent Correctional
Oversight .
SEC. 8. SEC. 11. Section 6126.3 of
the Penal Code is amended to read:
6126.3. (a) The Inspector General
director shall not destroy any papers or memoranda used to
support its work within three years after a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office and its predecessor,
the Office of the Inspector General, pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed
at any of the regularly maintained offices of the Office of
Independent Correctional Oversight or its predecessor, the Office of
the Inspector General.
(c) The following books, papers, records, and correspondence of
the office and its predecessor, the Office of the
Inspector General , pertaining to its work are not public
records subject to Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (i) of Section 6127.5,
subdivision (d) of Section 6128, subdivision (a) of Section 6131, or
all other applicable laws regarding confidentiality, including, but
not limited to, the California Public Records Act, the Public Safety
Officers' Procedural Bill of Rights, the Information Practices Act of
1977, the Confidentiality of Medical Information Act of 1977, and
the provisions of Section 832.7, relating to the disposition
notification for complaints against peace officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any work that has
not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the director and his or her staff, or any prior
Inspector General and his or her staff, or between staff members of
the Inspector General office or its
predecessor , or any personal notes of the director or his
or her staff, or his or her predecessor the Inspector General
or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General office or its predecessor
, except in those cases where the Inspector General
director determines that disclosure of the
information is necessary in the interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
SEC. 9. SEC. 12. Section 6126.4 of
the Penal Code is amended to read:
6126.4. It is a misdemeanor for the Inspector General
director or any employee or former employee of
the Inspector General Office of Independent
Correctional Oversight to divulge or make known in any manner
not expressly permitted by law to any person not employed by the
Inspector General office any
particulars of any record, document, or information the disclosure of
which is restricted by law from release to the public. This
prohibition is also applicable to any person or business entity that
is contracting with or has contracted with the Inspector
General office and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the
Inspector General office in the course of its
work or that has been furnished a draft copy of any report for
comment or review.
SEC. 10. SEC. 13. Section 6126.5 of
the Penal Code is amended to read:
6126.5. (a) Notwithstanding any other provision of law, the
Inspector General Office of Independent
Correctional Oversight during regular business hours or at any
other time determined necessary by the Inspector General
director , shall have access to and authority to
examine and reproduce any and all books, accounts, reports,
vouchers, correspondence files, documents, and other records, and to
examine the bank accounts, money, or other property of the Department
of Corrections and Rehabilitation for any audit, review,
investigation, inspection, or other work authorized by this
chapter. Any officer or employee of any agency or entity having
these records or property in his or her possession or under his or
her control shall permit access to, and examination and reproduction
thereof consistent with the provisions of this section, upon the
request of the Inspector General or his or her
any authorized representative of the office .
(b) For the purpose of conducting any audit, review,
investigation, inspection, or other work authorized by this
chapter, the Inspector General director
or his or her authorized representative shall have access to
the records and property of any public or private entity or person
subject to review or regulation by the public agency or public entity
being audited, investigated, or overseen to the same extent that
employees or officers of that agency or public entity have access. No
provision of law or any memorandum of understanding or any other
agreement entered into between the employing entity and the employee
or the employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a). Access, examination, and reproduction
consistent with the provisions of this section shall not result in
the waiver of any confidentiality or privilege regarding any records
or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General Office of
Independent Correctional Oversight may require any employee of
the Department of Corrections and Rehabilitation to be interviewed on
a confidential basis concerning matters within the authority of
the office . Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or
his or her designee conducted pursuant to this
subdivision . The Inspector General
director shall have the discretion to redact the name or other
identifying information of any person interviewed from any public
report issued by the Inspector General Office
of Independent Correctional Oversight , where required by law
or where the failure to redact the information may hinder prosecution
or an action in a criminal, civil, or administrative proceeding, or
where the Inspector General director
determines that disclosure of the information is not in the interests
of justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely
occur. If it appears that the facts of the case could lead to
punitive action, the Inspector General office
shall be subject to Sections 3303, 3307, 3307.5, 3308, 3309,
and subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code as if the Inspector General
office were the employer, except that the Inspector
General office shall not be subject to the
provisions of any memorandum of understanding or other agreement
entered into between the employing entity and the employee or the
employee's representative that is in conflict with, or adds to the
requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
SEC. 11. Section 6126.6 of the Penal Code is
amended to read:
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally well
qualified, well qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish, adopt, and implement,
on or before December 31, 2012, regulations and procedures regarding
the review of the qualifications of candidates for the position of
warden or superintendent. Those regulations and procedures shall
establish appropriate, confidential methods for disclosing to the
candidate the subject matter of substantial and credible adverse
allegations received regarding the candidate's reputation and
integrity which, unless rebutted, would be determinative of the
candidate's unsuitability for appointment. No rule or procedure shall
be adopted that permits the disclosure to the candidate of
information from which the candidate may infer the source, and no
information shall either be disclosed to the candidate nor be
obtainable by any process which would jeopardize the confidentiality
of communications from persons whose opinion has been sought on the
candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
SEC. 14. Section 6126.6 of the Penal
Code is repealed.
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
( l ) Wardens who have been appointed but not
yet confirmed as of July 1, 2005, need not be reappointed to the
position after that date, but are subject to the review process
provided in this section.
SEC. 12. SEC. 15. Section 6127.1 of
the Penal Code is repealed.
SEC. 13. SEC. 16. Section 6127.3 of
the Penal Code is amended to read:
6127.3. (a) In connection with his or her
duties authorized pursuant to this chapter, the Inspector
General, or his or her designee, Office of Independent
Correctional Oversight may do any of the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview
conducted pursuant to duties authorized by this chapter.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her
designee office . The person serving this
process may receive compensation as is allowed by the
Inspector General, or his or her designee office
, not to exceed the fees prescribed by law for similar service.
SEC. 14. SEC. 17. Section 6127.4 of
the Penal Code is amended to read:
6127.4. (a) The superior court in the county in which any
interview is held under the direction of the Inspector
General or his or her designee Office of Independent
Correctional Oversight pursuant to duties authorized by this
chapter has jurisdiction to compel the attendance of witnesses, the
making of oral or written sworn statements, and the production of
papers, books, accounts, and documents, as required by any subpoena
issued by the Inspector General or his or her designee
office .
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his
or her designee Office of Independent Correctional
Oversight may petition the superior court in the county in
which the hearing is pending for an order compelling the person to
attend and answer questions under penalty of perjury or produce the
papers required by the subpoena before the person named in the
subpoena. The petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General
or his or her designee office as named in the
subpoena, or has refused to answer questions propounded to him or her
in the course of the interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee
Office of Independent Correctional Oversight ,
the court shall enter an order that the person appear before the
person named in the subpoena at the time and place fixed in the order
and answer questions under penalty of perjury or produce the
required papers. Upon failure to obey the order, the person shall be
dealt with as for contempt of court.
SEC. 15. Section 6127.5 is added to the Penal
Code, to read:
6127.5. (a) The Inspector General shall conduct, report on, and
track the resolution of, financial and performance audits of the
Department of Corrections and Rehabilitation's programs and
functions. Financial audits shall examine financial statements,
financially related activities, and monitor expenditures made under
the department's contracts, grants, and other agreements. Performance
audits shall review the practices and programs of the department to
determine whether the department is managing its resources in an
effective, economical, and efficient manner consistent with
evidence-based correctional practices and public safety. Financial
and performance audits conducted pursuant to this section shall be
conducted in accordance with professional auditing standards and
shall include recommended actions to correct deficiencies.
(b) The Inspector General shall conduct special reviews and
assessments of the department's programs and activities using methods
other than traditional audit and investigative disciplines. These
assessments and special reviews shall be limited to both of the
following:
(1) The department's operations and programs with respect to how
they can be more efficient, more economical, and more effective in
furtherance of public safety and evidence-based correctional
practices.
(2) The rules, regulations, and policies under which the
department operates, and how they can be revised to reduce
redundancies or otherwise improve the department's operations in a
manner consistent with the purposes of this chapter.
(c) The Inspector General shall inspect all correctional, medical,
and other facilities of the Department of Corrections and
Rehabilitation.
(d) The Inspector General shall advise the Department of
Corrections and Rehabilitation, the Governor, and the Legislature in
the development of performance measures, standards, and procedures
for the evaluation of department programs. The Inspector General
shall assess the reliability and validity of the information provided
by the department on performance measures and standards, and make
recommendations for improvement where necessary.
(e) The Secretary of the Department of Corrections and
Rehabilitation, the Governor, or a member of the Legislature may
request an audit, review, or inspection authorized by this section.
The Inspector General also may initiate an audit, review, or
inspection authorized by this section.
(f) The Inspector General shall coordinate audits, reviews, and
inspections authorized by this section, and shall facilitate
cooperation with external agencies, including, but not limited to,
the Bureau of State Audits and the Little Hoover Commission.
(g) On or before December 31, 2012, the Inspector General shall
adopt regulations and procedures for determining how the issues
before the Inspector General shall be considered and selected for
audit, special review, inspection, or advisement as authorized by
this section. These regulations and procedures shall include, but not
be limited to, both of the following:
(1) Intake procedures, including timeframes within which
communications shall be documented, referred, assessed, and, where
appropriate, investigated, or otherwise addressed.
(2) Uniform standards and benchmarks for identifying and selecting
issues for audit, special review, inspection, or advisement.
(h) Regulations and procedures adopted pursuant to subdivision (g)
shall include criteria for opening and conducting audits, reviews,
and inspections of significant correctional issues, including, but
not limited to, all of the following:
(1) Security procedures, including contraband interdiction.
(2) Employee hiring, retention, and training.
(3) Inmate, ward, and parolee classification procedures.
(4) Inmate, ward, and parolee administrative appeals and
grievances.
(5) Employee use of force.
(6) Prison Rape Elimination Act procedures.
(7) Inmate-patient health care delivery.
(8) Fiscal controls for contracts and grants.
(9) Informational technology.
(i) (1) Notwithstanding Section 10231.5 of the Government Code,
upon the completion of any audit, review, or inspection, the
Inspector General shall prepare a written report, which shall be
disclosed, along with all underlying materials the Inspector General
deems appropriate, to the Governor, the secretary of the department,
the appropriate director, chair, or law enforcement agency, and the
Legislature. Copies of all written reports shall be posted on the
Inspector General's Internet Web site within 10 days of being
disclosed to the above listed entities or persons.
(2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 16. Section 6127.6 is added to the Penal
Code, to read:
6127.6. (a) The Inspector General may conduct investigations
concerning all of the following:
(1) Improper government activity, as defined in subdivision (b) of
Section 8547.2 of the Government Code.
(2) The circumstances surrounding the death of any individual in
the physical custody of the Department of Corrections and
Rehabilitation.
(3) The circumstances surrounding the death of any person not in
the physical custody of the Department of Corrections and
Rehabilitation allegedly caused by an inmate or ward.
(b) On or before December 31, 2012, the Inspector General shall
adopt regulations and procedures for determining how investigations
conducted pursuant to this section shall be considered and selected.
(c) Upon the completion of an investigation conducted pursuant to
this section, the Inspector General shall prepare a written report,
which shall be disclosed, along with all underlying materials the
Inspector General deems appropriate, in accordance with the
provisions set forth in subdivision (i) of Section 6127.5.
SEC. 17. Section 6128 of the Penal Code is
amended to read:
6128. (a) The Office of the Inspector General shall accept and
assess communications from any individual, including those employed
by any department, board, or authority who believes he or she may
have information that may describe an improper governmental activity,
as that term is defined in subdivision (b) of Section 8547.2 of the
Government Code. It is not the purpose of this section to provide for
the redress of any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public.
(c) When appropriate, the Inspector General shall initiate an
investigation of any alleged improper governmental activity as
authorized by this chapter.
(d) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(e) On or before December 31, 2012, the Inspector General shall
adopt regulations and procedures for determining how communications
subject to this section shall be considered and selected for review
or investigation, as authorized by this section. These regulations
and procedures shall include, but not be limited to, those enumerated
in subdivision (g) of Section 6127.5.
SEC. 18. Section 6128 of the Penal Code
is repealed.
6128. (a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
appropriate, the Inspector General shall initiate an investigation or
audit of any alleged improper governmental activity. However, any
request to conduct an investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
SEC. 18. SEC. 19. Section 6129 of
the Penal Code is repealed.
SEC. 19. SEC. 20. Section 6131 of
the Penal Code is amended to read:
6131. (a) Upon the completion of any investigation
oversight review conducted by the
Inspector General, he or she Office of Independent
Correctional Oversight, the office shall prepare a complete
written report, which shall be held as confidential and disclosed in
confidence, along with all underlying investigative materials the
Inspector General office deems
appropriate, to the Governor, the Secretary of the Department of
Corrections and Rehabilitation, and the appropriate director,
chairperson, or law enforcement agency.
(b) Upon the completion of any investigation conducted by
the Inspector General, he or she oversight review
conducted by the Office of Independent Correctional Oversight, the
office shall also prepare and issue on a quarterly basis a
public investigative report that includes all
investigations oversight reviews
completed in the previous quarter. The public investigative
report shall differ from the complete
investigative report in the respect that the
Inspector General Office of Independent Correctional
Oversight shall have the discretion to redact or otherwise
protect the names of individuals, specific locations, or other facts
that, if not redacted, might hinder any related
prosecution related to the investigation , or
where disclosure of the information is otherwise prohibited by law,
and to decline to produce any of the underlying
investigative materials. In a case where allegations were
deemed to be unfounded, all applicable identifying information shall
be redacted. The public investigative report shall
be made available to the public upon request and on a quarterly
basis as follows:
(1) In those cases where an investigation
a report is referred only for disciplinary action before the
State Personnel Board or for other administrative proceedings, the
employing entity shall, within 10 days of receipt of the State
Personnel Board's order rendered in other administrative proceedings,
provide the Inspector General Office of
Independent Correctional Oversight with a copy of the order.
The Inspector General office shall
attach the order to the public investigativ e
report on his or her Internet Web site and provide copies of the
report and order to the Legislature, as well as to any complaining
employee and any employee who was the subject of the
investigation review .
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General
Office of Independent Correctional Oversight in writing of that
fact and shall describe what disciplinary action, if any, was
ultimately imposed on the employee. The Inspector General
Office of Independent Correctional Oversight
shall include the settlement information in the public
investigative report on his or her
its Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation
review .
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General
Office of Independent Correctional Oversight in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General
office shall include the decision and rationale
in the public investigative report on his or her
Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation
review .
(4) In those cases where an investigation
a report has been referred for possible criminal prosecution,
and the applicable local law enforcement agency or the Attorney
General has decided to commence criminal proceedings against an
employee, the report shall be made public at a time deemed
appropriate by the Inspector General Office
of Independent Correctional Oversight after consultation with
the local law enforcement agency or the Attorney General, but in all
cases no later than when discovery has been provided to the defendant
in the criminal proceedings. The Inspector General
office shall thereafter post the public
investigative report on his or her
its Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation
review .
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the
Inspector General Office of Independent Correctional
Oversight of that fact. The Inspector General
office shall include the decision in the public
investigative report on his or her
its Internet Web site and provide copies of the
report to the Legislature, as well as to any complaining employee and
any employee who was the subject of the investigation
review .
(6) In those cases where an investigation
a report has been referred for neither disciplinary action or
other administrative proceedings, nor for criminal prosecution, the
Inspector General Office of Independent
Correctional Oversight shall include the decision not to refer
the matter in the public investigative report on
his or her its Internet Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation review .
SEC. 20. SEC. 21. Section 6132 of
the Penal Code is amended to read:
6132. (a) Notwithstanding Section 10231.5 of the Government Code,
the Inspector General Office of Independent
Correctional Oversight shall report annually to the Governor
and the Legislature a summary of his or her investigations
its reports . The summary shall be posted on the
Inspector General's office's Internet
Web site and otherwise made available to the public upon its release
to the Governor and the Legislature. The summary shall include, but
not be limited to, significant problems discovered by the
Inspector General office , and whether
recommendations the Inspector General office
has made have been implemented.
(b) A report pursuant to subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 21. Section 6133 of the Penal Code is
amended to read:
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the investigations conducted by the Department of
Corrections and Rehabilitation. The BIR shall also be responsible for
advising the public regarding the adequacy of each investigation,
and whether discipline of the subject of the investigation is
warranted. The BIR shall have discretion to provide public oversight
of other Department of Corrections and Rehabilitation personnel
investigations as needed.
(c) (1) Notwithstanding Section 10231.5 of the Government Code,
the BIR shall issue regular reports, no less than annually, to the
Governor and the Legislature summarizing its recommendations
concerning its oversight of the Department of Corrections and
Rehabilitation allegations of internal misconduct and use of force.
The BIR shall also issue regular reports, no less than semiannually,
summarizing its oversight of the Department of Corrections and
Rehabilitation investigations pursuant to subdivision (b). The
reports shall include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.
(4) A report pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 22. Section 6133 of the Penal Code
is repealed.
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Department of Corrections and Rehabilitation
investigations conducted by the Department of Corrections and
Rehabilitation's Office of Internal Affairs. The BIR shall also be
responsible for advising the public regarding the adequacy of each
investigation, and whether discipline of the subject of the
investigation is warranted. The BIR shall have discretion to provide
public oversight of other Department of Corrections and
Rehabilitation personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of the Department of
Corrections and Rehabilitation allegations of internal misconduct and
use of force. The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Internal
Affairs investigations pursuant to subdivision (b). The reports shall
include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.
SEC. 23. Section 6140 of the Penal Code
is amended to read:
6140. There is in the Office of the Inspector General
Independent Correctional Oversight the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 12 members as
follows:
(a) The Inspector General Director of the
Office of Independent Correctional Oversight , who shall serve
as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation , or his or her designee .
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of Alcohol and Drug
Programs, or his or her designee.
(f) The Director of Mental Health, or his or her designee.
(g) A faculty
member of the University of California who has expertise in
rehabilitation of criminal offenders, appointed by the President of
the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.
(l) The State Auditor.
SEC. 22. SEC. 24. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.