Amended in Assembly June 12, 2013

Senate BillNo. 74


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn act to amend Sections 12838, 12838.1, and 15820.922 of the Government Code, and to amend Sections 6025, 6025.1, 6126, 6126.2, 6126.3, 6126.6, 6129, and 6133 of, and to repeal Section 6131 of, the Penal Code, relating to corrections and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 74, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2013.end deletebegin insertCorrections.end insert

begin insert

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Within the department, existing law establishes 2 undersecretaries, one for administration and offender services and one for operations.

end insert
begin insert

This bill would also establish within the department an Undersecretary for Health Care Services. The bill would establish, under that undersecretary, the Division of Health Care Operations and the Division of Health Care Policy and Administration to be headed by a director, who shall be appointed by the Governor.

end insert
begin insert

Existing law establishes the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, among other duties. Existing law prohibits those members of the board from receiving compensation, but allows them to be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties.

end insert
begin insert

Existing law prohibits Members of the Legislature and state, county, district, judicial district, and city officers or employees from having a financial interest in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law provides that every officer or person who is prohibited by the laws of this state from making or having an interest in contracts who willfully violates any of the provisions of those laws may be punished by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state.

end insert
begin insert

This bill would, commencing July 1, 2013, add to the Board of State and Community Corrections a chairperson to be appointed by the Governor, subject to Senate confirmation. The bill would require that the chairperson serve full time. The bill would also exclude the chairperson from the provision prohibiting members of the board from receiving compensation and would require the Department of Human Resources to fix the compensation for the chairperson.

end insert
begin insert

This bill would provide that members of a committee created by the Board of State and Community Corrections, including a member of the board in his or her capacity as a member of a committee created by the board, are deemed to have no financial interest in any contract made by the board based upon the receipt of compensation for holding public office or public employment, for purposes of the provisions prohibiting public officers from having a financial interest in any contract made by them in their official capacity, or by any body or board of which they are members.

end insert
begin insert

Existing law creates the Office of the Inspector General, that is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation. Existing law requires the Inspector General, when requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, to review policies, practices, and procedures of the department. Upon completion of the review, the Inspector General is required to prepare a public written report, as described, to be posted on its Internet Web site and a complete written report to be disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to the Governor, the Secretary of the Department of Corrections and Rehabilitation, and the appropriate law enforcement agency. Existing law prohibits the Inspector General from hiring 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 the Inspector General.

end insert
begin insert

This bill would remove the Secretary as a party who would receive a copy of the complete written report, and would instead require the Inspector General to provide the report to the authorized entity that requested the report and the appropriate law enforcement agency. The bill would delete the prohibition on hiring a person who is directly or indirectly involved in an open internal affairs investigation by the Office of the Inspector General, and would instead prohibit hiring someone who is directly or indirectly involved in an open internal affairs investigation by any federal, state, or local agency.

end insert
begin insert

Existing law creates, within the Office of the Inspector General, a Bureau of Independent Review (BIR) subject to the direction of the Inspector General. The BIR is responsible for contemporaneous oversight of the department investigations conducted by its Office of Internal Affairs.

end insert
begin insert

This bill would eliminate the BIR, make the Office of the Inspector General directly responsible for the BIR’s duties and responsibilities, and require the Office of the Inspector General to have staff physically colocated with the department’s Office of Internal Affairs.

end insert
begin insert

The bill would delete obsolete provisions, and make conforming changes.

end insert
begin insert

The bill would appropriate $750,000 from the 1990 Prison Construction Fund to the Department of Corrections and Rehabilitation for statewide budget packages and advanced planning in its capital outlay program during the 2013-14 fiscal year, as specified. The bill would require that the funds be available for encumbrance until June 30, 2014, and be allocated by the Department of Corrections and Rehabilitation, upon approval by the Department of Finance.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

It is the intent of the Legislature in enacting
2Sections 2 and 3 of this act to demonstrate the state’s will, capacity,
3and leadership in maintaining the improvements made in the
4delivery of medical services to inmates in prisons by the California
5Correctional Health Care Services under the leadership of the
6receiver appointed by the federal court. Furthermore, the
7Legislature recognizes that the receiver has implemented a
8well-functioning medical delivery system within prisons. Key
9contributors to this success have been the specific focus on health
10care and the ability to develop executive management with health
11care expertise. To maintain these improvements and retake control
12of the prison medical care system, it is necessary to create the
13proper organizational structure within the Department of
14Corrections and Rehabilitation to support the delivery of medical
15services to prisoners. Establishing an additional undersecretary,
16who operates at a peer level with the existing undersecretaries,
17signifies the organizational importance of health care services
18and ensures the executive leadership necessary for the mutual
19success of both the health care and custody operations.

end insert
20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12838 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
21read:end insert

22

12838.  

(a) There is hereby created in state government the
23Department of Corrections and Rehabilitation, to be headed by a
24secretary, who shall be appointed by the Governor, subject to
25Senate confirmation, and shall serve at the pleasure of the
26Governor. The Department of Corrections and Rehabilitation shall
27consist of Adult Operations, Adult Programs,begin insert Health Care Services,end insert
28 Juvenile Justice, thebegin delete Corrections Standards Authority, theend delete Board
29of Parole Hearings, the State Commission on Juvenile Justice, the
30Prison Industry Authority, and the Prison Industry Board.

31(b) The Governor, upon recommendation of the secretary, may
32appointbegin delete twoend deletebegin insert threeend insert undersecretaries of the Department of
33Corrections and Rehabilitation, subject to Senate confirmation.
34The undersecretaries shall hold office at the pleasure of the
35Governor. One undersecretary shall oversee administration and
36offenderbegin delete servicesend deletebegin insert services, one undersecretary shall oversee health
37care services,end insert
andbegin delete the otherend deletebegin insert oneend insert undersecretary shall oversee
38operations for the department.

P5    1(c) The Governor, upon recommendation of the secretary, shall
2appoint a Chief for the Office of Victim Services, and a Chief for
3the Office of Correctional Safety, both of whom shall serve at the
4pleasure of the Governor.

5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 12838.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

12838.1.  

(a) There is hereby created within the Department
8of Corrections and Rehabilitation, under the Undersecretary for
9Administration and Offender Services, the following divisions:

10(1) The Division of Enterprise Information Services, the
11Division ofbegin delete Health Care Services, the Division ofend delete Facility Planning,
12Construction, and Management, and the Division of Administrative
13Services. Each division shall be headed by a director, who shall
14be appointed by the Governor, upon recommendation of the
15secretary, subject to Senate confirmation, who shall serve at the
16pleasure of the Governor.

17(2) The Division of Internal Oversight and Research. This
18division shall be headed by a director, who shall be appointed by
19the Governor, upon recommendation of the secretary, who shall
20serve at the pleasure of thebegin delete Governorend deletebegin insert Governor.end insert

begin insert

21(b) There is hereby created in the Department of Corrections
22and Rehabilitation, under the Undersecretary for Health Care
23Services, the Division of Health Care Operations and the Division
24of Health Care Policy and Administration. Each division shall be
25headed by a director, who shall be appointed by the Governor,
26upon recommendation of the secretary, subject to Senate
27confirmation, who shall serve at the pleasure of the Governor.

end insert
begin delete

28(b)

end delete

29begin insert (c)end insert There is hereby created within the Department of
30Corrections and Rehabilitation, under the Undersecretary for
31Operations, the Division of Adult Institutions, the Division of
32Adult Parole Operations, the Division of Juvenile Justice, and the
33Division of Rehabilitative Programs. Each division shall be headed
34by a director, who shall be appointed by the Governor, upon
35recommendation of the secretary, subject to Senate confirmation,
36who shall serve at the pleasure of the Governor.

begin delete

37(c)

end delete

38begin insert (d)end insert The Governor shall, upon recommendation of the secretary,
39appoint four subordinate officers to the Division of Adult
40Institutions, subject to Senate confirmation, who shall serve at the
P6    1pleasure of the Governor. Each subordinate officer appointed
2pursuant to this subdivision shall oversee an identified category
3of adult institutions, one of which shall be female offender
4facilities.

begin delete

5(d)

end delete

6begin insert (e)end insert (1) Unless the context clearly requires otherwise, whenever
7the term “Chief Deputy Secretary for Adult Operations” appears
8in any statute, regulation, or contract, it shall be construed to refer
9to the Director of the Division of Adult Institutions.

10(2) Unless the context clearly requires otherwise, whenever the
11term “Chief Deputy Secretary for Adult Programs” appears in any
12statute, regulation, or contract, it shall be construed to refer to the
13Director of the Division of Rehabilitative Programs.

14(3) Unless the context clearly requires otherwise, whenever the
15term “Chief Deputy Secretary for Juvenile Justice” appears in any
16statute, regulation, or contract, it shall be construed to refer to the
17Director of the Division of Juvenile Justice.

18begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 15820.922 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert

20

15820.922.  

(a) The board may issue up to five hundred million
21dollars ($500,000,000) in revenue bonds, notes, or bond
22anticipation notes, pursuant to Chapter 5 (commencing with Section
2315830) to finance the acquisition, design, and construction,
24including, without limitation, renovation, and a reasonable
25construction reserve, of approved adult local criminal justice
26facilities described in Sectionbegin delete 15820.920,end deletebegin insert 15820.92,end insert and any
27additional amount authorized under Section 15849.6 to pay for the
28cost of financing.

29(b) Proceeds from the revenue bonds, notes, or bond anticipation
30notes may be used to reimburse a participating county for the costs
31of acquisition, design, and construction, including, without
32limitation, renovation, for approved adult local criminal justice
33facilities.

34(c) Notwithstanding Section 13340, funds derived pursuant to
35this section and Section 15820.921 are continuously appropriated
36for purposes of this chapter.

37begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 6025 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

38

6025.  

(a) Commencing July 1, 2012, the Board of State and
39Community Corrections shall be composed of 12 members, as
40follows:

P7    1(1) The Chair of the Board of State and Community Corrections,
2who shall be the Secretary of the Department of Corrections and
3Rehabilitation.

4(2) The Director of the Division of Adult Parole Operations for
5the Department of Corrections and Rehabilitation.

6(3) A county sheriff in charge of a local detention facility which
7has a Corrections Standards Authority rated capacity of 200 or
8less inmates, appointed by the Governor, subject to Senate
9confirmation.

10(4) A county sheriff in charge of a local detention facility which
11has a Corrections Standards Authority rated capacity of over 200
12inmates, appointed by the Governor, subject to Senate
13confirmation.

14(5) A county supervisor or county administrative officer. This
15member shall be appointed by the Governor, subject to Senate
16confirmation.

17(6) A chief probation officer from a county with a population
18over 200,000, appointed by the Governor, subject to Senate
19confirmation.

20(7) A chief probation officer from a county with a population
21under 200,000, appointed by the Governor, subject to Senate
22confirmation.

23(8) A judge appointed by the Judicial Council of California.

24(9) A chief of police, appointed by the Governor, subject to
25Senate confirmation.

26(10) A community provider of rehabilitative treatment or
27services for adult offenders, appointed by the Speaker of the
28Assembly.

29(11) A community provider or advocate with expertise in
30effective programs, policies, and treatment of at-risk youth and
31juvenile offenders, appointed by the Senate Committee on Rules.

32(12) A public member, appointed by the Governor, subject to
33Senate confirmation.

begin insert

34(b) Commencing July 1, 2013, the Board of State and
35Community Corrections shall be composed of 13 members, as
36follows:

end insert
begin insert

37(1) The Chair of the Board of State and Community Corrections,
38who shall be appointed by the Governor, subject to Senate
39confirmation.

end insert
begin insert

P8    1(2) The Secretary of the Department of Corrections and
2Rehabilitation.

end insert
begin insert

3(3) The Director of the Division of Adult Parole Operations for
4the Department of Corrections and Rehabilitation.

end insert
begin insert

5(4) The individuals listed in paragraphs (3) to (12), inclusive,
6of subdivision (a), who shall serve or continue to serve terms as
7provided in subdivision (d).

end insert
begin insert

8(c) The Chair of the Board of State and Community Corrections
9shall serve full time.

end insert
begin delete

10(b)

end delete

11begin insert (d)end insert The terms of the members appointed by the Governor shall
12expire as follows: three on July 1, 2014, and four on July 1, 2015,
13as specified by the Governor. The term of the member appointed
14by the Senate Committee on Rules shall expire on July 1, 2014.
15The term of the member appointed by the Speaker of the Assembly
16shall expire on July 1, 2015. The term of the member appointed
17by the Judicial Council shall expire on July 1, 2015. Successor
18members shall hold office for terms of three years, each term to
19commence on the expiration date of the predecessor. Any
20appointment to a vacancy that occurs for any reason other than
21expiration of the term shall be for the remainder of the unexpired
22term. Members are eligible for reappointment.

begin delete

23(c)

end delete

24begin insert (e)end insert The board shall select a vice chairperson from among its
25members, who shall be either a chief probation officer or a sheriff.
26Seven members of the board shall constitute a quorum.

begin delete

27(d)

end delete

28begin insert (f)end insert When the board is hearing charges against any member, the
29individual concerned shall not sit as a member of the board for the
30period of hearing of charges and the determination of
31recommendations to the Governor.

begin delete

32(e)

end delete

33begin insert (g)end insert If any appointed member is not in attendance for three
34meetings in any calendar year, the board shall inform the
35appointing authority, which may remove that member and make
36a new appointment, as provided in this section, for the remainder
37of the term.

38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 6025.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

39

6025.1.  

begin insert(a)end insertbegin insertend insert Members of the boardbegin insert, with the exception of the
40Chair of the Board of State and Community Corrections,end insert
shall
P9    1receive no compensation, but shall be reimbursed for their actual
2and necessary travel expenses incurred in the performance of their
3duties. For purposes of compensation, attendance at meetings of
4the board shall be deemed performance by a member of the duties
5of hisbegin insert or herend insert state or local governmental employment.begin insert For purposes
6of Section 1090 of the Government Code, members of a committee
7created by the board, including a member of the board in his or
8her capacity as a member of a committee created by the board,
9have no financial interest in any contract made by the board,
10including a grant or bond financing transaction, based upon the
11receipt of compensation for holding public office or public
12employment.end insert

begin insert

13(b) The Chair of the Board of State and Community Corrections
14shall serve full time. The Department of Human Resources shall
15fix the compensation of the Chair of the Board of State and
16Community Corrections.

end insert
17begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 6126 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

18

6126.  

(a) The Inspector General shall be responsible for
19contemporaneous oversight of internal affairs investigations and
20the disciplinary process of the Department of Corrections and
21Rehabilitation, pursuant to Section 6133 under policies to be
22developed by the Inspector General.

23(b) When requested by the Governor, the Senate Committee on
24Rules, or the Speaker of the Assembly, the Inspector General shall
25review policies, practices, and procedures of the department. The
26Inspector General, under policies developed by the Inspector
27General, may recommend that the Governor, the Senate Committee
28on Rules, or the Speaker of the Assembly request a review of a
29specific departmental policy, practice, or procedurebegin delete whichend deletebegin insert thatend insert
30 raises a significant correctional issue relevant to the effectiveness
31of the department. When exigent circumstances of unsafe or life
32threatening situations arise involving inmates, wards, parolees, or
33staff, the Inspector General may, by whatever means is most
34expeditious, notify the Governor, Senate Committee on Rules, or
35the Speaker of the Assembly.

36(c) begin insert(1)end insertbegin insertend insert Upon completion of a review, the Inspector General
37shallbegin delete provideend deletebegin insert prepareend insert abegin delete responseend deletebegin insert complete written report, which
38shall be held as confidential and disclosed in confidence, along
39with all underlying materials the Inspector General deems
P10   1appropriate,end insert
to thebegin delete requester.end deletebegin insert requesting entity in subdivision (b)
2and the appropriate law enforcement agency.end insert

begin insert

3(2) The Inspector General shall also prepare a public report.
4When necessary, the public report shall differ from the complete
5written report in the respect that the Inspector General shall have
6the discretion to redact or otherwise protect the names of
7individuals, specific locations, or other facts that, if not redacted,
8might hinder prosecution related to the review, or where disclosure
9of the information is otherwise prohibited by law, and to decline
10to produce any of the underlying materials. Copies of public
11reports shall be posted on the Office of the Inspector General’s
12Internet Web site.

end insert

13(d) The Inspector General shall, during the course of a review,
14identify areas of full and partial compliance, or noncompliance,
15with departmental policies and procedures, specify deficiencies in
16the completion and documentation of processes, and recommend
17corrective actions, including, but not limited to, additional training,
18additional policies, or changes in policy, as well as any other
19findings or recommendations that the Inspector General deems
20appropriate.

21(e) The Inspector General, pursuant to Section 6126.6, shall
22review the Governor’s candidates for appointment to serve as
23warden for the state’s adult correctional institutions and as
24superintendents for the state’s juvenile facilities.

25(f) The Inspector General shall conduct an objective, clinically
26appropriate, and metric-oriented medical inspection program to
27 periodically review delivery of medical care at each state prison.

28(g) The Inspector General shall conduct an objective,
29metric-oriented oversight and inspection program to periodically
30review delivery of the reforms identified in the document released
31by the Department of Corrections and Rehabilitation in April 2012,
32entitled The Future of California Corrections: A Blueprint to Save
33Billions of Dollars, End Federal Court Oversight, and Improve the
34Prison System (the blueprint), including, but not limited to, the
35following specific goals and reforms described by the blueprint:

36(1) Whether the department has increased the percentage of
37inmates served in rehabilitative programs to 70 percent of the
38department’s target population prior to their release.

39(2) The establishment of an adherence to the standardized
40staffing model at each institution.

P11   1(3) The establishment of an adherence to the new inmate
2classification score system.

3(4) The establishment of and adherence to the new prison gang
4management system, including changes to the department’s current
5policies for identifying prison-based gang members and associates
6and the use and conditions associated with the department’sbegin delete securedend delete
7begin insert securityend insert housing units.

8(5) The implementation of and adherence to the Comprehensive
9Housing Plan described in the blueprint.

10(h) The Inspector General shall, in consultation with the
11Department of Finance, develop a methodology for producing a
12workload budget to be used for annually adjusting the budget of
13the Office of the Inspector General, beginning with the budget for
14the 2005-06 fiscal year.

15begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 6126.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

16

6126.2.  

The Inspector General shall not hire any person known
17to be directly or indirectly involved in an open internal affairs
18investigation being conducted by any federal, state, or localbegin delete law
19enforcement agency or the Office of the Inspector General.end delete
begin insert agency.end insert

20begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 6126.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

21

6126.3.  

(a) The Inspector General shall not destroy any papers
22or memoranda used to support a completed review within three
23years after a report is released.

24(b) Except as provided in subdivision (c), all books, papers,
25records, and correspondence of the office pertaining to its work
26are public records subject to Chapter 3.5 (commencing with Section
276250) of Division 7 of Title 1 of the Government Code and shall
28be filed at any of the regularly maintained offices of the Inspector
29General.

30(c) The following books, papers, records, and correspondence
31of the Office of the Inspector General pertaining to its work are
32not public records subject to Chapter 3.5 (commencing with Section
336250) of Division 7 of Title 1 of the Government Code, nor shall
34they be subject to discovery pursuant to any provision of Title 3
35(commencing with Section 1985) of Part 4 of the Code of Civil
36Procedure or Chapter 7 (commencing with Section 19570) of Part
372 of Division 5 of Title 2 of the Government Code in any manner:

38(1) All reports, papers, correspondence, memoranda, electronic
39communications, or other documents that are otherwise exempt
40from disclosure pursuant to the provisions of subdivision (d) of
P12   1Section 6126.5, Section 6126.6, subdivision (c) of Section 6128,
2subdivisionbegin delete (a) or (b)end deletebegin insert (c)end insert of Sectionbegin delete 6131,end deletebegin insert 6126,end insert or all other
3applicable laws regarding confidentiality, including, but not limited
4to, the California Public Records Act, the Public Safety Officers’
5Procedural Bill of Rights, the Information Practices Act of 1977,
6the Confidentiality of Medical Information Act of 1977, and the
7provisions of Section 832.7, relating to the disposition notification
8for complaints against peace officers.

9(2) Any papers, correspondence, memoranda, electronic
10communications, or other documents pertaining to any review that
11has not been completed.

12(3) Any papers, correspondence, memoranda, electronic
13communications, or other documents pertaining to internal
14discussions between the Inspector General and his or her staff, or
15between staff members of the Inspector General, or any personal
16notes of the Inspector General or his or her staff.

17(4) All identifying information, and any personal papers or
18correspondence from any person requesting assistance from the
19Inspector General, except in those cases where the Inspector
20General determines that disclosure of the information is necessary
21in the interests of justice.

22(5) Any papers, correspondence, memoranda, electronic
23communications, or other documents pertaining to
24contemporaneous public oversight pursuant to Section 6133.

25begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 6126.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

26

6126.6.  

(a) Prior to filling a vacancy for warden by
27appointment pursuant to Section 6050, or superintendent pursuant
28to Section 1049 of the Welfare and Institutions Code, the Governor
29shall first submit to the Inspector General the names of candidates
30for the position of warden or superintendent for review of their
31qualifications.

32(b) begin insert(1)end insertbegin insertend insert Upon receipt of the names of those candidates and their
33completed personal data questionnaires, the Inspector General
34shall employ appropriate confidential procedures to evaluate and
35determine the qualifications of each candidate with regard to his
36or her ability to discharge the duties of the office to which the
37appointment or nomination is made.

begin delete

38Within

end delete

39begin insert (2)end insertbegin insertend insertbegin insertWithinend insert 90 days of submission by the Governor of those
40names, the Inspector General shall advise in confidence to the
P13   1Governor his or her recommendation whether the candidate is
2exceptionally well-qualified, well-qualified, qualified, or not
3qualified and the reasons therefore, and may report, in confidence,
4any other information that the Inspector General deems pertinent
5to the qualifications of the candidate.

6(c) In reviewing the qualifications of a candidate for the position
7of warden or superintendent, the Inspector General shall consider,
8among other appropriate factors, his or her experience in effectively
9managing correctional facilities and inmate or ward populations;
10ability to deal effectively with employees, detained persons and
11other interested persons in addressing management, confinement,
12and safety issues in an effective, fair, and professional manner;
13and knowledge of correctional best practices.

14(d) The Inspector General shall establish and adopt rules and
15procedures regarding the review of the qualifications of candidates
16for the position of warden or superintendent. Those rules and
17procedures shall establish appropriate, confidential methods for
18disclosing to the candidate the subject matter of substantial and
19credible adverse allegations received regarding the candidate’s
20reputation and integrity which, unless rebutted, would be
21determinative of the candidate’s unsuitability for appointment.begin delete Noend delete
22begin insert Aend insert rule or procedure shallbegin insert notend insert be adopted that permits the disclosure
23to the candidate of information from which the candidate may infer
24the source, andbegin delete noend delete information shallbegin delete eitherend deletebegin insert neitherend insert be disclosed to
25the candidate nor be obtainable by any processbegin delete whichend deletebegin insert thatend insert would
26jeopardize the confidentiality of communications from persons
27whose opinion has been sought on the candidate’s qualifications.

28(e) All communications, written,begin delete verbalend deletebegin insert verbal,end insert or otherwise,
29of and to the Governor, the Governor’s authorized agents or
30employees, including, but not limited to, the Governor’s Legal
31Affairs Secretary and Appointments Secretary, or of and to the
32Inspector General in furtherance of the purposes of this section
33are absolutely privileged from disclosure and confidential, and
34any communication made in the discretion of the Governor or the
35Inspector General with a candidate or person providing information
36in furtherance of the purposes of this section shall not constitute
37a waiver of the privilege or a breach of confidentiality.

38(f) When the Governor has appointed a person to the position
39of warden or superintendent who has been found not qualified by
40the Inspector General, the Inspector General shall make public
P14   1that finding, after due notice to the appointee of his or her intention
2to do so. That notice and disclosure shall not constitute a waiver
3of privilege or breach of confidentiality with respect to
4communications of or to the Inspector General concerning the
5qualifications of the appointee.

6(g) begin deleteNo end deletebegin insertAend insertbegin insert end insertperson or entity shallbegin insert notend insert be liable for any injury caused
7by any act or failure to act, be it negligent, intentional,
8discretionary, or otherwise, in the furtherance of the purposes of
9this section, including, but not limited to, providing or receiving
10 any information, making any recommendations, and giving any
11reasons therefore.

12(h) As used in this section, the term “Inspector General” includes
13employees and agents of the Office of the Inspector General.

14(i) At any time prior to the receipt of the review from the
15Inspector General specified in subdivision (b), the Governor may
16withdraw the name of any person submitted to the Inspector
17General for evaluation pursuant to this section.

18(j) No candidate for the position of warden or superintendent
19may be appointed until the Inspector General has advised the
20Governor pursuant to this section, or until 90 days have elapsed
21after submission of the candidate’s name to the Inspector General,
22whichever occurs earlier. The requirement of this subdivision shall
23not apply to any vacancy in the position of warden or
24 superintendent occurring within the 90 days preceding the
25expiration of the Governor’s term of office, provided, however,
26that with respect to those vacancies, the Governor shall be required
27to submit any candidate’s name to the Inspector General in order
28to provide him or her an opportunity, if time permits, to review
29and make a report.

30(k) begin deleteNothing in this end deletebegin insertThisend insertbegin insert end insertsection shallbegin insert notend insert be construed as
31imposing an additional requirement for an appointment or
32nomination to the position of warden or superintendent, nor shall
33anything in this section be construed as adding any additional
34qualifications for the position of warden or superintendent.

begin delete end deletebegin delete

35(l) Wardens who have been appointed but not yet confirmed as
36of July 1, 2005, need not be reappointed to the position after that
37date, but are subject to the review process provided in this section.

end delete
begin delete end delete
38begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 6129 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P15   1

6129.  

(a) (1) For purposes of this section, “employee” means
2any person employed by the Department of Corrections and
3Rehabilitation.

4(2) For purposes of this section, “retaliation” means intentionally
5engaging in acts of reprisal, retaliation, threats, coercion, or similar
6acts against another employee who has done any of the following:

7(A) Has disclosed or is disclosing to any employee at a
8supervisory or managerial level, what the employee, in good faith,
9believes to be improper governmental activities.

10(B) Has cooperated or is cooperating with any investigation of
11improper governmental activities.

12(C) Has refused to obey an illegal order or directive.

13(b) (1) Upon receiving a complaint of retaliation from an
14employee against a member of management at the Department of
15Corrections and Rehabilitation, the Inspector General shall
16commence an inquiry into the complaint and conduct a formal
17begin delete reviewend deletebegin insert investigationend insert where a legally cognizable cause of action is
18presented. Allbegin delete reviewsend deletebegin insert investigationsend insert conducted pursuant to this
19section shall be performed in accordance with Sections 6126.5 and
206127.3. The Inspector General may refer all other matters for
21investigation by the appropriate employing entity, subject to
22oversight by the Inspector General. In a case in which the
23employing entity declines to investigate the complaint, it shall,
24within 30 days of receipt of the referral by the Inspector General,
25notify the Inspector General of its decision. The Inspector General
26shall thereafter, conduct his or her own inquiry into the complaint.
27If, after reviewing the complaint, the Inspector General determines
28that a legally cognizable cause of action has not been presented
29by the complaint, the Inspector General shall thereafter notify the
30complaining employee and the State Personnel Board that a formal
31begin delete reviewend deletebegin insert investigationend insert is not warranted.

32(2) Whenbegin delete reviewingend deletebegin insert investigatingend insert a complaint, in determining
33whether retaliation has occurred, the Inspector General or the
34employing entity shall consider, among other things, whether any
35of the following either actually occurred or were threatened:

36(A) Unwarranted or unjustified staff changes.

37(B) Unwarranted or unjustified letters of reprimand or other
38disciplinary actions, or unsatisfactory evaluations.

39(C) Unwarranted or unjustified formal or informal investigations.

P16   1(D) Engaging in acts, or encouraging or permitting other
2employees to engage in acts, that are unprofessional, or foster a
3hostile work environment.

4(E) Engaging in acts, or encouraging or permitting other
5employees to engage in acts, that are contrary to the rules,
6regulations, or policies of the workplace.

7(3) In a case in which the complaining employee has also filed
8a retaliation complaint with the State Personnel Board pursuant to
9Sections 8547.8 and 19683 of the Government Code, the State
10Personnel Board shall have the discretion to toll any investigation,
11hearing, or other proceeding that would otherwise be conducted
12by the State Personnel Board in response to that complaint, pending
13either the completion of the Inspector General’sbegin delete reviewend delete or the
14employing entity’s investigation, or until the complaint is rejected
15or otherwise dismissed by the Inspector General or the employing
16entity. An employee, however, may not be required to first file a
17retaliation complaint with the Inspector General prior to filing a
18complaint with the State Personnel Board.

19(A) In a case in which the complaining employee has filed a
20retaliation complaint with the Inspector General but not with the
21State Personnel Board, the limitation period for filing a retaliation
22complaint with the State Personnel Board shall be tolled until the
23time the Inspector General or the employing entity either issues
24its report to the State Personnel Board, or until the complaint is
25rejected or otherwise dismissed by the Inspector General or the
26employing entity.

27(B) In order to facilitate coordination of efforts between the
28Inspector General and the State Personnel Board, the Inspector
29General shall notify the State Personnel Board of the identity of
30any employee who has filed a retaliation complaint with the
31Inspector General, and the State Personnel Board shall notify the
32Inspector General of the identity of any employee who has filed
33a retaliation complaint with the State Personnel Board.

34(c) (1) In a case in which the Inspector General determines, as
35a result of his or her ownbegin delete review,end deletebegin insert investigation,end insert that an employee
36has been subjected to acts of reprisal, retaliation, threats, or similar
37acts in violation of this section, the Inspector General shall provide
38a copy of the report, together with all other underlying materials
39the Inspector General determines to be relevant, to the appropriate
40director or chair who shall take appropriate corrective action. In
P17   1a case in which the Inspector General determines, based on an
2independent review of the investigation conducted by the
3employing entity, that an employee has been subjected to acts of
4reprisal, retaliation, threats, or similar acts in violation of this
5section, the Inspector General shall submit a written
6recommendation to the appropriate director or chair who shall take
7appropriate corrective action. If the hiring authority initiates
8disciplinary action as defined in Section 19570 of the Government
9Code, it shall provide the subject with all materials required by
10law.

11(2) Any employee at any rank and file, supervisory, or
12managerial level, who intentionally engages in acts of reprisal,
13retaliation, threats, coercion, or similar acts against another
14employee, pursuant to paragraph (2) of subdivision (a), shall be
15disciplined by the employing entity by adverse action as provided
16in Section 19572 of the Government Code. The disciplinary action
17shall require, at a minimum, a suspension for not less than 30 days
18without pay, except in a case in which the employing entity
19determines that a lesser penalty is warranted. In that case, the
20employing entity shall, within 30 days of receipt of the report,
21provide written justification for that decision to the Inspector
22General. The employing entity shall also, within 30 days of receipt
23of the written report, notify the Inspector General in writing as to
24what steps, if any, it has taken to remedy the retaliatory conduct
25found to have been committed by any of its employees.

26(d) (1) In an instance in which the appropriate director or chair
27declines to take adverse action against any employee found by the
28Inspector General to have engaged in acts of reprisal, retaliation,
29threats, or similar acts in violation of this section, the director or
30chair shall notify the Inspector General of that fact in writing within
3130 days of receipt of the report from the Inspector General, and
32shall notify the Inspector General of the specific reasons why the
33director or chair declined to invoke adverse action proceedings
34against the employee.

35(2) The Inspector General shall, thereafter, with the written
36consent of the complaining employee, forward an unredacted copy
37of the report, together with all other underlying materials the
38Inspector General deems to be relevant, to the State Personnel
39Board so that the complaining employee can request leave to file
40charges against the employee found to have engaged in acts of
P18   1reprisal, retaliation, threats, or similar acts, in accordance with the
2provisions of Section 19583.5 of the Government Code. If the
3State Personnel Board accepts the complaint, the board shall
4provide the charged and complaining parties with a copy of all
5relevant materials.

6(3) In addition to all other penalties provided by law, including
7Section 8547.8 of the Government Code or any other penalties
8that the sanctioning authority may determine to be appropriate,
9any state employee at any rank and file, supervisory, or managerial
10level found by the State Personnel Board to have intentionally
11engaged in acts of reprisal, retaliation, threats, or coercion shall
12be suspended for not less than 30 days without pay, and shall be
13liable in an action for damages brought against him or her by the
14injured party. If the State Personnel Board determines that a lesser
15period of suspension is warranted, the reasons for that
16determination must be justified in writing in the decision.

17(e) Nothing in this section shall prohibit the employing entity
18from exercising its authority to terminate, suspend, or discipline
19an employee who engages in conduct prohibited by this section.

20begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 6131 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
21

6131.  

(a) Upon the completion of any review conducted by
22the Inspector General, he or she shall prepare a public written
23report. The public written report shall differ from the complete
24written report in the respect that the Inspector General shall have
25the discretion to redact or otherwise protect the names of
26individuals, specific locations, or other facts that, if not redacted,
27might hinder prosecution related to the review, or where disclosure
28of the information is otherwise prohibited by law, and to decline
29to produce any of the underlying materials. Copies of public written
30reports shall be posted on the Inspector General’s Internet Web
31site within 10 days of being disclosed to the entities or persons
32listed in subdivision (b).

33(b) Upon the completion of any review conducted by the
34Inspector General, he or she shall prepare a complete written report,
35which shall be held as confidential and disclosed in confidence,
36along with all underlying materials the Inspector General deems
37appropriate, to the Governor, the Secretary of the Department of
38Corrections and Rehabilitation, and the appropriate law
39enforcement agency.

end delete
40begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 6133 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

begin delete
P19   1

6133.  

(a) There is created within the Office of the Inspector
2General a Bureau of Independent Review (BIR), which shall be
3subject to the direction of the Inspector General.

4(b)

end delete
5begin insert

begin insert6133.end insert  

end insert

begin insert(a)end insert Thebegin delete BIRend deletebegin insert Office of the Inspector Generalend insert shall be
6responsible for contemporaneous public oversight of the
7Department of Corrections and Rehabilitation investigations
8conducted by the Department of Corrections and Rehabilitation’s
9Office of Internal Affairs.begin insert To facilitate oversight, the Office of the
10Inspector General shall have staff physically colocated with the
11Department of Corrections and Rehabilitation’s Office of Internal
12Affairs, within a reasonable timeframe and without any undue
13delays.end insert
Thebegin delete BIRend deletebegin insert Office of the Inspector Generalend insert shall also be
14responsible for advising the public regarding the adequacy of each
15investigation, and whether discipline of the subject of the
16investigation is warranted.begin delete The BIRend deletebegin insert Office of the Inspector Generalend insert
17 shall have discretion to provide public oversight of other
18Department of Corrections and Rehabilitation personnel
19investigations as needed.

begin delete

20(c)

end delete

21begin insert (b)end insert (1) Thebegin delete BIRend deletebegin insert Office of the Inspector Generalend insert shall issue
22regular reports, no less than annually, to the Governor and the
23Legislature summarizing its recommendations concerning its
24oversight of the Department of Corrections and Rehabilitation
25allegations of internal misconduct and use of force. Thebegin delete BIRend deletebegin insert Office
26of the Inspector Generalend insert
shall also issue regular reports, no less
27than semiannually, summarizing its oversight of Office of Internal
28Affairs investigations pursuant to subdivisionbegin delete (b).end deletebegin insert (a).end insert The reports
29shall include, but not be limited to,begin insert all ofend insert the following:

30(A) Data on the number, type, and disposition of complaints
31made against correctional officers and staff.

32(B) A synopsis of each matter reviewed by thebegin delete BIR.end deletebegin insert Office of
33the Inspector General.end insert

34(C) An assessment of the quality of the investigation, the
35appropriateness of any disciplinary charges, thebegin delete BIR’send deletebegin insert Office of
36the Inspector General’send insert
recommendations regarding the disposition
37in the case and when founded, the level of discipline afforded, and
38the degree to which the agency’s authorities agreed with thebegin delete BIRend delete
39begin insert Office of the Inspector Generalend insert recommendations regarding
40disposition and level of discipline.

P20   1(D) The report of any settlement and whether thebegin delete BIRend deletebegin insert Office of
2the Inspector Generalend insert
concurred with the settlement.

3(E) The extent to which any discipline was modified after
4imposition.

5(2) The reports shall be in a formbegin delete whichend deletebegin insert thatend insert does not identify
6the agency employees involved in the alleged misconduct.

7(3) The reports shall be posted on the Inspector General’s
8begin insert Internetend insert Web site and otherwise made available to the public upon
9their release to the Governor and the Legislature.

10begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

(a) The amount of seven hundred fifty thousand
11dollars ($750,000) is hereby appropriated from the 1990 Prison
12Construction Fund to the Department of Corrections and
13Rehabilitation for statewide budget packages and advanced
14planning in its capital outlay program during the 2013-14 fiscal
15year. The funds hereby appropriated shall be available for
16encumbrance until June 30, 2014. These funds are to be allocated
17by the Department of Corrections and Rehabilitation, upon
18approval by the Department of Finance to develop design and cost
19information for new projects for which funds have not been
20 previously appropriated, but for which preliminary plans funds,
21working drawings funds, or working drawings and construction
22funds are expected to be included in the Budget Act of 2014 or
23Budget Act of 2015, and for which cost estimates or preliminary
24plans can be developed prior to legislative hearings on the Budget
25Act of 2014 or Budget Act of 2015, respectively. Upon approval
26by the Department of Finance, these funds may also be used to
27develop scope and cost information for projects authorized by
28Sections 15819.40 to 15819.404, inclusive, of the Government
29Code.

end insert
begin insert

30(b) (1) These funds may be used for studies, budget package
31development, environmental services, architectural programming,
32engineering assessments, schematic design, and preliminary plans.

end insert
begin insert

33(2) As used in this section, “studies” shall include site studies
34and suitability reports, environmental studies, master planning,
35architectural programming, and schematics.

end insert
begin insert

36(3) Before using these funds for preliminary plans, the
37Department of Corrections and Rehabilitation shall provide a
3820-day notification to the Chairperson of the Joint Legislative
39Budget Committee, the chairpersons of the respective fiscal
40committee of each house of the Legislature, and the legislative
P21   1members of the State Public Works Board, discussing the scope,
2cost, and future implications of the use of funds for preliminary
3plans.

end insert
begin insert

4(c) The amount appropriated hereby is not to be construed as
5a commitment by the Legislature as to the amount of capital outlay
6funds the Legislature will appropriate in any future year.

end insert
7begin insert

begin insertSEC. 15.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
8to the Budget Bill within the meaning of subdivision (e) of Section
912 of Article IV of the California Constitution, has been identified
10as related to the budget in the Budget Bill, and shall take effect
11immediately.

end insert
begin delete
12

SECTION 1.  

It is the intent of the Legislature to enact statutory
13changes relating to the Budget Act of 2013.

end delete


O

    98