BILL NUMBER: SB 74 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act relating to the Budget Act of 2013.
An act to amend Sections 12838, 12838.1, and 15820.922 of the
Government Cod e, 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 74, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2013. Corrections.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The bill would delete obsolete provisions, and make conforming
changes.
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.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
enacting Sections 2 and 3 of this act to demonstrate the state's
will, capacity, and leadership in maintaining the improvements made
in the delivery of medical services to inmates in prisons by the
California Correctional Health Care Services under the leadership of
the receiver appointed by the federal court. Furthermore, the
Legislature recognizes that the receiver has implemented a
well-functioning medical delivery system within prisons. Key
contributors to this success have been the specific focus on health
care and the ability to develop executive management with health care
expertise. To maintain these improvements and retake control of the
prison medical care system, it is necessary to create the proper
organizational structure within the Department of Corrections and
Rehabilitation to support the delivery of medical services to
prisoners. Establishing an additional undersecretary, who operates at
a peer level with the existing undersecretaries, signifies the
organizational importance of health care services and ensures the
executive leadership necessary for the mutual success of both the
health care and custody operations.
SEC. 2. Section 12838 of the Government
Code is amended to read:
12838. (a) There is hereby created in state government the
Department of Corrections and Rehabilitation, to be headed by a
secretary, who shall be appointed by the Governor, subject to Senate
confirmation, and shall serve at the pleasure of the Governor. The
Department of Corrections and Rehabilitation shall consist of Adult
Operations, Adult Programs, Health Care Services, Juvenile
Justice, the Corrections Standards Authority, the
Board of Parole Hearings, the State Commission on Juvenile Justice,
the Prison Industry Authority, and the Prison Industry Board.
(b) The Governor, upon recommendation of the secretary, may
appoint two three undersecretaries of
the Department of Corrections and Rehabilitation, subject to Senate
confirmation. The undersecretaries shall hold office at the pleasure
of the Governor. One undersecretary shall oversee administration and
offender services services, one
undersecretary shall oversee health care services, and
the other one undersecretary shall oversee
operations for the department.
(c) The Governor, upon recommendation of the secretary, shall
appoint a Chief for the Office of Victim Services, and a Chief for
the Office of Correctional Safety, both of whom shall serve at the
pleasure of the Governor.
SEC. 3. Section 12838.1 of the
Government Code is amended to read:
12838.1. (a) There is hereby created within the Department of
Corrections and Rehabilitation, under the Undersecretary for
Administration and Offender Services, the following divisions:
(1) The Division of Enterprise Information Services, the Division
of Health Care Services, the Division of Facility
Planning, Construction, and Management, and the Division of
Administrative Services. Each division shall be headed by a director,
who shall be appointed by the Governor, upon recommendation of the
secretary, subject to Senate confirmation, who shall serve at the
pleasure of the Governor.
(2) The Division of Internal Oversight and Research. This division
shall be headed by a director, who shall be appointed by the
Governor, upon recommendation of the secretary, who shall serve at
the pleasure of the Governor Governor.
(b) There is hereby created in the Department of Corrections and
Rehabilitation, under the Undersecretary for Health Care Services,
the Division of Health Care Operations and the Division of Health
Care Policy and Administration. Each division shall be headed by a
director, who shall be appointed by the Governor, upon recommendation
of the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor.
(b)
(c) There is hereby created within the Department of
Corrections and Rehabilitation, under the Undersecretary for
Operations, the Division of Adult Institutions, the Division of Adult
Parole Operations, the Division of Juvenile Justice, and the
Division of Rehabilitative Programs. Each division shall be headed by
a director, who shall be appointed by the Governor, upon
recommendation of the secretary, subject to Senate confirmation, who
shall serve at the pleasure of the Governor.
(c)
(d) The Governor shall, upon recommendation of the
secretary, appoint four subordinate officers to the Division of Adult
Institutions, subject to Senate confirmation, who shall serve at the
pleasure of the Governor. Each subordinate officer appointed
pursuant to this subdivision shall oversee an identified category of
adult institutions, one of which shall be female offender facilities.
(d)
(e) (1) Unless the context clearly requires otherwise,
whenever the term "Chief Deputy Secretary for Adult Operations"
appears in any statute, regulation, or contract, it shall be
construed to refer to the Director of the Division of Adult
Institutions.
(2) Unless the context clearly requires otherwise, whenever the
term "Chief Deputy Secretary for Adult Programs" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Rehabilitative Programs.
(3) Unless the context clearly requires otherwise, whenever the
term "Chief Deputy Secretary for Juvenile Justice" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Juvenile Justice.
SEC. 4. Section 15820.922 of the
Government Code is amended to read:
15820.922. (a) The board may issue up to five hundred million
dollars ($500,000,000) in revenue bonds, notes, or bond anticipation
notes, pursuant to Chapter 5 (commencing with Section 15830) to
finance the acquisition, design, and construction, including, without
limitation, renovation, and a reasonable construction reserve, of
approved adult local criminal justice facilities described in Section
15820.920, 15820.92, and any
additional amount authorized under Section 15849.6 to pay for the
cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, design, and construction, including, without
limitation, renovation, for approved adult local criminal justice
facilities.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.921 are continuously appropriated for
purposes of this chapter.
SEC. 5. Section 6025 of the Penal Code
is amended to read:
6025. (a) Commencing July 1, 2012, the Board of State and
Community Corrections shall be composed of 12 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who
shall be the Secretary of the Department of Corrections and
Rehabilitation.
(2) The Director of the Division of Adult Parole Operations for
the Department of Corrections and Rehabilitation.
(3) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates, appointed by the Governor, subject to Senate confirmation.
(4) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates, appointed by the Governor, subject to Senate confirmation.
(5) A county supervisor or county administrative officer. This
member shall be appointed by the Governor, subject to Senate
confirmation.
(6) A chief probation officer from a county with a population over
200,000, appointed by the Governor, subject to Senate confirmation.
(7) A chief probation officer from a county with a population
under 200,000, appointed by the Governor, subject to Senate
confirmation.
(8) A judge appointed by the Judicial Council of California.
(9) A chief of police, appointed by the Governor, subject to
Senate confirmation.
(10) A community provider of rehabilitative treatment or services
for adult offenders, appointed by the Speaker of the Assembly.
(11) A community provider or advocate with expertise in effective
programs, policies, and treatment of at-risk youth and juvenile
offenders, appointed by the Senate Committee on Rules.
(12) A public member, appointed by the Governor, subject to Senate
confirmation.
(b) Commencing July 1, 2013, the Board of State and Community
Corrections shall be composed of 13 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who
shall be appointed by the Governor, subject to Senate confirmation.
(2) The Secretary of the Department of Corrections and
Rehabilitation.
(3) The Director of the Division of Adult Parole Operations for
the Department of Corrections and Rehabilitation.
(4) The individuals listed in paragraphs (3) to (12), inclusive,
of subdivision (a), who shall serve or continue to serve terms as
provided in subdivision (d).
(c) The Chair of the Board of State and Community Corrections
shall serve full time.
(b)
(d) The terms of the members appointed by the Governor
shall expire as follows: three on July 1, 2014, and four on July 1,
2015, as specified by the Governor. The term of the member appointed
by the Senate Committee on Rules shall expire on July 1, 2014. The
term of the member appointed by the Speaker of the Assembly shall
expire on July 1, 2015. The term of the member appointed by the
Judicial Council shall expire on July 1, 2015. Successor members
shall hold office for terms of three years, each term to commence on
the expiration date of the predecessor. Any appointment to a vacancy
that occurs for any reason other than expiration of the term shall be
for the remainder of the unexpired term. Members are eligible for
reappointment.
(c)
(e) The board shall select a vice chairperson from
among its members, who shall be either a chief probation officer or a
sheriff. Seven members of the board shall constitute a quorum.
(d)
(f) When the board is hearing charges against any
member, the individual concerned shall not sit as a member of the
board for the period of hearing of charges and the determination of
recommendations to the Governor.
(e)
(g) If any appointed member is not in attendance for
three meetings in any calendar year, the board shall inform the
appointing authority, which may remove that member and make a new
appointment, as provided in this section, for the remainder of the
term.
SEC. 6. Section 6025.1 of the Penal
Code is amended to read:
6025.1. (a) Members of the board ,
with the exception of the Chair of the Board of State and Community
Corrections, shall receive no compensation, but shall be
reimbursed for their actual and necessary travel expenses incurred in
the performance of their duties. For purposes of compensation,
attendance at meetings of the board shall be deemed performance by a
member of the duties of his or her state or local
governmental employment. For purposes of Section 1090 of the
Government Code, members of a committee created by the board,
including a member of the board in his or her capacity as a member of
a committee created by the board, have no financial interest in any
contract made by the board, including a grant or bond financing
transaction, based upon the receipt of compensation for holding
public office or public employment.
(b) The Chair of the Board of State and Community Corrections
shall serve full time. The Department of Human Resources shall fix
the compensation of the Chair of the Board of State and Community
Corrections.
SEC. 7. Section 6126 of the Penal Code
is amended to read:
6126. (a) The Inspector General shall be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process of the Department of Corrections and
Rehabilitation, pursuant to Section 6133 under policies to be
developed by the Inspector General.
(b) When requested by the Governor, the Senate Committee on Rules,
or the Speaker of the Assembly, the Inspector General shall review
policies, practices, and procedures of the department. The Inspector
General, under policies developed by the Inspector General, may
recommend that the Governor, the Senate Committee on Rules, or the
Speaker of the Assembly request a review of a specific departmental
policy, practice, or procedure which that
raises a significant correctional issue relevant to the
effectiveness of the department. When exigent circumstances of unsafe
or life threatening situations arise involving inmates, wards,
parolees, or staff, the Inspector General may, by whatever means is
most expeditious, notify the Governor, Senate Committee on Rules, or
the Speaker of the Assembly.
(c) (1) Upon completion of a review, the
Inspector General shall provide prepare
a response complete written report, which
shall be held as confidential and disclosed in confidence, along with
all underlying materials the Inspector General deems appropriate,
to the requester. requesting entity in
subdivision (b) and the appropriate law enforcement agency.
(2) The Inspector General shall also prepare a public report. When
necessary, the public report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public reports shall be
posted on the Office of the Inspector General's Internet Web site.
(d) The Inspector General shall, during the course of a review,
identify areas of full and partial compliance, or noncompliance, with
departmental policies and procedures, specify deficiencies in the
completion and documentation of processes, and recommend corrective
actions, including, but not limited to, additional training,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.
(e) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
(g) The Inspector General shall conduct an objective,
metric-oriented oversight and inspection program to periodically
review delivery of the reforms identified in the document released by
the Department of Corrections and Rehabilitation in April 2012,
entitled The Future of California Corrections: A Blueprint to Save
Billions of Dollars, End Federal Court Oversight, and Improve the
Prison System (the blueprint), including, but not limited to, the
following specific goals and reforms described by the blueprint:
(1) Whether the department has increased the percentage of inmates
served in rehabilitative programs to 70 percent of the department's
target population prior to their release.
(2) The establishment of an adherence to the standardized staffing
model at each institution.
(3) The establishment of an adherence to the new inmate
classification score system.
(4) The establishment of and adherence to the new prison gang
management system, including changes to the department's current
policies for identifying prison-based gang members and associates and
the use and conditions associated with the department's
secured security housing units.
(5) The implementation of and adherence to the Comprehensive
Housing Plan described in the blueprint.
(h) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
SEC. 8. Section 6126.2 of the Penal
Code is amended to read:
6126.2. The Inspector General 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 the Inspector
General. agency.
SEC. 9. Section 6126.3 of the Penal Code
is amended to read:
6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed review within three years
after a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office 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 Inspector General.
(c) The following books, papers, records, and correspondence of
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 (c) of Section 6128, subdivision
(a) or (b) (c) of Section
6131, 6126, 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 review that has
not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
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. 10. Section 6126.6 of the Penal
Code is amended to read:
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) (1) Upon receipt of the names of those
candidates and their completed personal data questionnaires, the
Inspector General shall employ appropriate confidential procedures to
evaluate and determine the qualifications of each candidate with
regard to his or her ability to discharge the duties of the office to
which the appointment or nomination is made.
Within
(2) Within 90 days of submission
by the Governor of those names, the Inspector General shall advise in
confidence to the Governor his or her recommendation whether the
candidate is exceptionally well-qualified, well-qualified, qualified,
or not qualified and the reasons therefore, and may report, in
confidence, any other information that the Inspector General deems
pertinent to the qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment.
No A rule or procedure shall not
be adopted that permits the disclosure to the candidate of
information from which the candidate may infer the source, and
no information shall either
neither be disclosed to the candidate nor be obtainable by
any process which that would
jeopardize the confidentiality of communications from persons whose
opinion has been sought on the candidate's qualifications.
(e) All communications, written, verbal
verbal, or otherwise, of and to the Governor, the Governor's
authorized agents or employees, including, but not limited to, the
Governor's Legal Affairs Secretary and Appointments Secretary, or of
and to the Inspector General in furtherance of the purposes of this
section are absolutely privileged from disclosure and confidential,
and any communication made in the discretion of the Governor or the
Inspector General with a candidate or person providing information in
furtherance of the purposes of this section shall not constitute a
waiver of the privilege or a breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No A person or entity
shall not be liable for any injury caused by any act or
failure to act, be it negligent, intentional, discretionary, or
otherwise, in the furtherance of the purposes of this section,
including, but not limited to, providing or receiving any
information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this This
section shall not be construed as imposing an additional
requirement for an appointment or nomination to the position of
warden or superintendent, nor shall anything in this section be
construed as adding any additional qualifications for the position of
warden or superintendent.
( l ) Wardens who have been appointed but not
yet confirmed as of July 1, 2005, need not be reappointed to the
position after that date, but are subject to the review process
provided in this section.
SEC. 11. Section 6129 of the Penal Code
is amended to read:
6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General
shall commence an inquiry into the complaint and
conduct a formal review investigation
where a legally cognizable cause of action is presented. All
reviews investigations conducted pursuant to
this section shall be performed in accordance with Sections 6126.5
and 6127.3. The Inspector General may refer all other matters for
investigation by the appropriate employing entity, subject to
oversight by the Inspector General. In a case in which the employing
entity declines to investigate the complaint, it shall, within 30
days of receipt of the referral by the Inspector General, notify the
Inspector General of its decision. The Inspector General shall
thereafter, conduct his or her own inquiry into the complaint. If,
after reviewing the complaint, the Inspector General determines that
a legally cognizable cause of action has not been presented by the
complaint, the Inspector General shall thereafter notify the
complaining employee and the State Personnel Board that a formal
review investigation is not warranted.
(2) When reviewing investigating a
complaint, in determining whether retaliation has occurred, the
Inspector General or the employing entity shall consider, among other
things, whether any of the following either actually occurred or
were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's review or
the employing entity's investigation, or until the complaint is
rejected or otherwise dismissed by the Inspector General or the
employing entity. An employee, however, may not be required to first
file a retaliation complaint with the Inspector General prior to
filing a complaint with the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
report to the State Personnel Board, or until the complaint is
rejected or otherwise dismissed by the Inspector General or the
employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own review,
investigation, that an employee has been subjected to acts of
reprisal, retaliation, threats, or similar acts in violation of this
section, the Inspector General shall provide a copy of the report,
together with all other underlying materials the Inspector General
determines to be relevant, to the appropriate director or chair who
shall take appropriate corrective action. In a case in which the
Inspector General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring authority
initiates disciplinary action as defined in Section 19570 of the
Government Code, it shall provide the subject with all materials
required by law.
(2) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the report, provide written
justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the written
report, notify the Inspector General in writing as to what steps, if
any, it has taken to remedy the retaliatory conduct found to have
been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the report from the Inspector General,
and shall notify the Inspector General of the specific reasons why
the director or chair declined to invoke adverse action proceedings
against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the report, together with all other underlying materials the
Inspector General deems to be relevant, to the State Personnel Board
so that the complaining employee can request leave to file charges
against the employee found to have engaged in acts of reprisal,
retaliation, threats, or similar acts, in accordance with the
provisions of Section 19583.5 of the Government Code. If the State
Personnel Board accepts the complaint, the board shall provide the
charged and complaining parties with a copy of all relevant
materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
SEC. 12. Section 6131 of the Penal Code
is repealed.
6131. (a) Upon the completion of any review conducted by the
Inspector General, he or she shall prepare a public written report.
The public written report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public written reports
shall be posted on the Inspector General's Internet Web site within
10 days of being disclosed to the entities or persons listed in
subdivision (b).
(b) Upon the completion of any review conducted by the Inspector
General, he or she shall prepare a complete written report, which
shall be held as confidential and 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.
SEC. 13. Section 6133 of the Penal Code
is amended to read:
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b)
6133. (a) The BIR
Office of the Inspector General shall be responsible for
contemporaneous public oversight of the Department of Corrections and
Rehabilitation investigations conducted by the Department of
Corrections and Rehabilitation's Office of Internal Affairs. To
facilitate oversight, the Office of the Inspector General shall have
staff physically colocated with the Department of
Corrections and Rehabilitation's Office of Internal Affairs, within a
reasonable timeframe and without any undue delays. The
BIR Office of the Inspector General
shall also be responsible for advising the public regarding the
adequacy of each investigation, and whether discipline of the subject
of the investigation is warranted. The BIR
Office of the Inspector General shall have discretion to
provide public oversight of other Department of Corrections and
Rehabilitation personnel investigations as needed.
(c)
(b) (1) The BIR Office of the
Inspector General shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of the Department of
Corrections and Rehabilitation allegations of internal misconduct and
use of force. The BIR Office of the
Inspector General shall also issue regular reports, no less
than semiannually, summarizing its oversight of Office of Internal
Affairs investigations pursuant to subdivision (b).
(a). The reports shall include, but not be
limited to, all of the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
Office of the Inspector General.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
Office of the Inspector General's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR
Office of the Inspector General recommendations regarding
disposition and level of discipline.
(D) The report of any settlement and whether the BIR
Office of the Inspector General concurred with
the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which
that does not identify the agency employees involved in the
alleged misconduct.
(3) The reports shall be posted on the Inspector General's
Internet Web site and otherwise made available to the public
upon their release to the Governor and the Legislature.
SEC. 14. (a) The amount of seven hundred fifty
thousand dollars ($750,000) is hereby appropriated 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. The funds
hereby appropriated shall be available for encumbrance until June
30, 2014. These funds are to be allocated by the Department of
Corrections and Rehabilitation, upon approval by the Department of
Finance to develop design and cost information for new projects for
which funds have not been previously appropriated, but for which
preliminary plans funds, working drawings funds, or working drawings
and construction funds are expected to be included in the Budget Act
of 2014 or Budget Act of 2015, and for which cost estimates or
preliminary plans can be developed prior to legislative hearings on
the Budget Act of 2014 or Budget Act of 2015, respectively. Upon
approval by the Department of Finance, these funds may also be used
to develop scope and cost information for projects authorized by
Sections 15819.40 to 15819.404, inclusive, of the Government Code.
(b) (1) These funds may be used for studies, budget package
development, environmental services, architectural programming,
engineering assessments, schematic design, and preliminary plans.
(2) As used in this section, "studies" shall include site studies
and suitability reports, environmental studies, master planning,
architectural programming, and schematics.
(3) Before using these funds for preliminary plans, the Department
of Corrections and Rehabilitation shall provide a 20-day
notification to the Chairperson of the Joint Legislative Budget
Committee, the chairpersons of the respective fiscal committee of
each house of the Legislature, and the legislative members of the
State Public Works Board, discussing the scope, cost, and future
implications of the use of funds for preliminary plans.
(c) The amount appropriated hereby is not to be construed as a
commitment by the Legislature as to the amount of capital outlay
funds the Legislature will appropriate in any future year.
SEC. 15. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.