as amended, Committee on Budget and Fiscal Review.
begin deleteBudget Act of 2013.end delete
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.end delete
begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(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,
28 Juvenile Justice, the
begin 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
begin delete twoend delete 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
begin delete servicesend delete and begin delete the otherend delete 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.
(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
begin 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 the
begin delete Governorend delete
29 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.
38 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
6 (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,
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.
(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 Section
begin delete 15820.920,end delete 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
34(c) Notwithstanding Section 13340, funds derived pursuant to
35this section and Section 15820.921 are continuously appropriated
36for purposes of this chapter.
(a) Commencing July 1, 2012, the Board of State and
39Community Corrections shall be composed of 12 members, as
P7 1(1) The Chair of the Board of State and Community Corrections,
2who shall be the Secretary of the Department of Corrections and
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
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
14(5) A county supervisor or county administrative officer. This
15member shall be appointed by the Governor, subject to Senate
17(6) A chief probation officer from a county with a population
18over 200,000, appointed by the Governor, subject to Senate
20(7) A chief probation officer from a county with a population
21under 200,000, appointed by the Governor, subject to Senate
23(8) A judge appointed by the Judicial Council of California.
24(9) A chief of
police, appointed by the Governor, subject to
26(10) A community provider of rehabilitative treatment or
27services for adult offenders, appointed by the Speaker of the
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
11 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.
24 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.
28 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.
33 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.
Members of the board 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 his state or local governmental employment.
(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 procedure
begin delete whichend delete
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) Upon completion of a review, the Inspector General
begin delete provideend delete a begin delete responseend delete to the begin delete requester.end delete
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
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’s
begin delete securedend delete
7 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.
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 local
begin delete law
19enforcement agency or the Office of the Inspector General.end delete
(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
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,
begin delete (a) or (b)end delete of Section begin delete 6131,end delete 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.
(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
32(b) 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.
39 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
22 rule or procedure shall be adopted that permits the disclosure
23to the candidate of information from which the candidate may infer
24the source, and
begin delete noend delete information shall begin delete eitherend delete be disclosed to
25the candidate nor be obtainable by any process
begin delete whichend delete 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 delete 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.
begin deleteNo end deleteperson or entity shall 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
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.
begin deleteNothing in this end deletesection shall 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.
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.
(a) (1) For purposes of this section, “employee” means
2any person employed by the Department of Corrections and
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
begin delete reviewend delete where a legally cognizable cause of action is
begin delete reviewsend delete 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
begin delete reviewend delete is not warranted.
begin delete reviewingend delete 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’s
begin 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
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 own
begin delete review,end delete 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
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
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.
(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
(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.
begin delete BIRend delete 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. The
begin delete BIRend delete 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 delete
17 shall have discretion to provide public oversight of other
18Department of Corrections and Rehabilitation personnel
19investigations as needed.
21 (1) The
begin delete BIRend delete 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. The
begin delete BIRend delete shall also issue regular reports, no less
27than semiannually, summarizing its oversight of Office of Internal
28Affairs investigations pursuant to subdivision
begin delete (b).end delete The reports
29shall include, but not be limited to, 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 the
begin delete BIR.end delete
34(C) An assessment of the quality of the investigation, the
35appropriateness of any disciplinary charges, the
begin delete BIR’send delete 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 the
begin delete BIRend delete
39 recommendations regarding
40disposition and level of discipline.
P20 1(D) The report of any settlement and whether the
begin delete BIRend delete concurred with the settlement.
3(E) The extent to which any discipline was modified after
5(2) The reports shall be in a form
begin delete whichend delete does not identify
6the agency employees involved in the alleged misconduct.
7(3) The reports shall be posted on the Inspector General’s
8 Web site and otherwise made available to the public upon
9their release to the Governor and the Legislature.
It is the intent of the Legislature to enact statutory
13changes relating to the Budget Act of 2013.