BILL NUMBER: SB 490	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Hancock
    (   Coauthor:   Senator   Anderson
  ) 

                        FEBRUARY 17, 2011

   An act to amend Sections 830.2, 830.5, 830.11, 6125, 6126.2,
6126.3, 6126.4, 6126.5, 6127.3, 6127.4, 6131, 6132, and 6140 of, to
amend the heading of Chapter 8.2 (commencing with Section 6125) of
Title 7 of Part 3 of, to repeal Sections 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.   Independent Correctional Oversight.

   (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 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.
   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.  The bill would require the office to
conduct an inspection program to periodically review delivery of
medical care at each state prison. 
   (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 who
have assisted the director in the course of 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.
   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 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.
  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 INDEPENDENT CORRECTIONAL OVERSIGHT


  SEC. 6.  Section 6125 of the Penal Code is amended to read:
   6125.  (a) There is hereby created the Office of Independent
Correctional Oversight which shall not be a subdivision of any other
governmental entity.
   (b) The purpose of the Office of 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, 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 director shall be deemed to be a department head for the
purpose of Section 11189 of the Government Code in connection with
any work conducted pursuant to this chapter.
    (e) For purposes of this chapter, "director" means the Director
of the Office of Independent Correctional Oversight.
  SEC. 7.  Section 6126 of the Penal Code is repealed.
  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   Section 6125
 .
   (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. 
   (6) Conducting an objective, clinically appropriate, and
metric-oriented medical inspection program to periodically review
delivery of medical care at each state prison. 
   (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. 9.  Section 6126.1 of the Penal Code is repealed.
  SEC. 10.  Section 6126.2 of the Penal Code is amended to read:
   6126.2.  The 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 Office of Independent Correctional
Oversight.
  SEC. 11.  Section 6126.3 of the Penal Code is amended to read:
   6126.3.  (a) The 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 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 office
or its predecessor, except in those cases where the 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. 12.  Section 6126.4 of the Penal Code is amended to read:
   6126.4.  It is a misdemeanor for the director or any employee or
former employee of the 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 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 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 office in
the course of its work or that has been furnished a draft copy of any
report for comment or review.
  SEC. 13.  Section 6126.5 of the Penal Code is amended to read:
   6126.5.  (a) Notwithstanding any other provision of law, the
Office of Independent Correctional Oversight during regular business
hours or at any other time determined necessary by the 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 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 any authorized
representative of the office.
   (b) For the purpose of conducting work authorized by this chapter,
the 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 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 conducted pursuant to this
subdivision. The director shall have the discretion to redact the
name or other identifying information of any person interviewed from
any public report issued by the 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 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
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 office were the employer, except that the
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. 14.  Section 6126.6 of the Penal Code is repealed.
  SEC. 15.  Section 6127.1 of the Penal Code is repealed.
  SEC. 16.  Section 6127.3 of the Penal Code is amended to read:
   6127.3.  (a) In connection with duties authorized pursuant to this
chapter, the 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 office. The person serving this process may
receive compensation as is allowed by the office, not to exceed the
fees prescribed by law for similar service.
  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 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 office.
   (b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the 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 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 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. 18.  Section 6128 of the Penal Code is repealed.
  SEC. 19.  Section 6129 of the Penal Code is repealed.
  SEC. 20.  Section 6131 of the Penal Code is amended to read:
   6131.  (a) Upon the completion of any oversight review conducted
by the 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 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 oversight review conducted by the
Office of Independent Correctional Oversight, the office shall also
prepare and issue on a quarterly basis a public report that includes
all oversight reviews completed in the previous quarter. The public
report shall differ from the complete report in the respect that the
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, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. In a case where allegations were
deemed to be unfounded, all applicable identifying information shall
be redacted. The public report shall be made available to the public
upon request and on a quarterly basis as follows:
   (1) In those cases where 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 Office of Independent
Correctional Oversight with a copy of the order. The office shall
attach the order to the publice 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 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 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 Office of Independent Correctional Oversight shall include the
settlement information in the public report on 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
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 Office of Independent
Correctional Oversight in writing of its decision not to pursue
disciplinary action, setting forth the reasons for its decision. The
office shall include the decision and rationale in the public 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 review.
   (4) In those cases where 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 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
office shall thereafter post the public report on 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 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 Office of
Independent Correctional Oversight of that fact. The office shall
include the decision in the public report on 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
review.
   (6) In those cases where a report has been referred for neither
disciplinary action or other administrative proceedings, nor for
criminal prosecution, the Office of Independent Correctional
Oversight shall include the decision not to refer the matter in the
public report on 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 review.
  SEC. 21.  Section 6132 of the Penal Code is amended to read:
   6132.  (a) Notwithstanding Section 10231.5 of the Government Code,
the Office of Independent Correctional Oversight shall report
annually to the Governor and the Legislature a summary of its
reports. The summary shall be posted on the 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 office, and
whether recommendations the 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. 22.  Section 6133 of the Penal Code is repealed.
  SEC. 23.  Section 6140 of the Penal Code is amended to read:
   6140.  There is in the Office of Independent Correctional
Oversight the California Rehabilitation Oversight Board (C-ROB). The
board shall consist of the 12 members as follows:
   (a) The 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. 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.