Amended in Assembly August 27, 2013
Senate BillNo. 105
Introduced by Committee on Budget and Fiscal Review
January 10, 2013
begin delete relating to the Budget Act of 2013.end delete
LEGISLATIVE COUNSEL’S DIGEST
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.
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:
The Department of Corrections and Rehabilitation
4shall remove all inmates from, cease operations of, and close the
5California Rehabilitation Center located in Norco, California, no
6later than either December 31, 2016, or six months after
7construction of the three Level II dorm facilities authorized in
8Section 14 of this act, whichever is earlier.
Subject to the approval of the board, the
18appointing authority may enter into arrangements with personnel
19agencies in other jurisdictions for the purpose of exchanging
20services and effecting transfers of employees.
The board may prescribe rules governing the
38temporary assignment or loan of employees within an agency or
39between agencies for not to exceed two years or between
P6 1jurisdictions for not to exceed four years for any of the
3(a) To provide training to employees.
4(b) To enable an agency to obtain expertise needed to meet a
5compelling program or management need.
facilitate the return of injured employees to work.
7These temporary assignments or loans shall be deemed to be in
8accord with this part limiting employees to duties consistent with
9their class and may be used to meet minimum requirements for
10promotional as well as open examinations. An employee
11participating in that arrangement shall have the absolute right to
12return to his or her former position. Any temporary assignment or
13loan of an employee made for the purpose specified in subdivision
14(b) shall be made only with the voluntary consent of the employee.
15In addition, out-of-class experience obtained in a manner not
16described in this section may be used to meet minimum
17requirements for promotional as well as open examinations, only
18if it was obtained by the employee in good faith and was properly
19verified under standards prescribed by board rule.
20For purposes of this section, a
temporary assignment or loan
21between educational agencies or jurisdictions shall be extended
22for up to two additional years upon a finding by the Superintendent
23of Public Instruction or the Chancellor of the California
24Community Colleges, and with the approval of the Executive
25Officer of the State Personnel Board, that the extension is necessary
26in order to substantially complete work on an educational
27improvement project. However, the temporary assignment of any
28local educator who is performing the duties of a nonrepresented
29classification while on loan to a state
begin delete educationend delete agency
30may be extended for as many successive two year intervals as
31necessary by the Superintendent of Public Instruction or the
32Chancellor of the California Community Colleges with the
33concurrence of the
begin delete educationend delete agency or jurisdiction.
34Public and private colleges and universities shall be considered
35educational agencies or jurisdictions within the meaning of this
37A temporary assignment within an agency or between agencies
38may be extended by the board for up to two additional years in
39order for an employee to complete an apprenticeship program.
begin delete Directorend delete of
17Corrections may enter into an agreement with
18a city, county, or city and
begin delete county,end delete to permit transfer of
19prisoners in the custody of the
begin delete Director of Correctionsend delete
20 to a jail or other adult correctional facility of the city, county, or
21city and county, if the sheriff or corresponding official having
22jurisdiction over the facility has consented thereto. The agreement
23shall provide for contributions to the city, county, or city and
24county toward payment of costs incurred with reference to such
P9 1 When an agreement entered into pursuant to subdivision (a)
2 is in effect with respect to a particular local facility, the
begin delete Director of Correctionsend delete may transfer prisoners whose
4terms of imprisonment have been fixed and parole violators to the
7 Prisoners so transferred to a local facility may, with
begin delete approval , participate
8of the Director of Correctionsend delete
9in programs of the facility, including work
11(d) Prisoners transferred to such facilities are subject to the rules
12and regulations of the facility in which they are confined, but
13remain under the legal custody of the Department of Corrections
14and shall be subject at any time, pursuant to the rules and
15regulations of the Director of Corrections, to be detained in the
16county jail upon the exercise of a state parole or correctional
17officer’s peace officer powers as specified in Section 830.5, with
18the consent of the sheriff or corresponding official having
19jurisdiction over the facility.
begin delete Director of Correctionsend delete, to the extent possible,
22shall select city, county, or city and county facilities in areas where
23medical, food, and other support services are available from nearby
24existing prison facilities.
begin delete Director of Correctionsend delete, with the approval of
27the Department of General Services, may enter into an agreement
28to lease state property for a period not in excess of 20 years to be
29used as the site for a facility operated by a city, county, or city and
30county authorized by this section.
31(g) No agreement may be entered into under this section unless
32the cost per inmate in the facility is no greater than the average
33costs of keeping an inmate in a comparable facility of the
34department, as determined by the director.
(a) Any court or other agency or officer of this state
15having power to commit or transfer an inmate
begin delete (asend delete defined in
16Article II (d) of the Interstate Corrections Compact or of the
17Western Interstate Corrections
begin delete Compact)end delete to any
18institution for confinement may commit or transfer that inmate to
19any institution within or without this state if this state has entered
contract or contracts for the confinement of inmates in that
21institution pursuant to Article III of the Interstate Corrections
22Compact or of the Western Interstate Corrections
begin delete Compact, but
23no inmateend delete
24 sentenced under California law
begin delete mayend delete be
25committed or transferred to an institution outside of this state,
26unless he or she has executed a written consent to the
27inmate shall have the right to a private consultation with an attorney
28of his choice, or with a public defender if the inmate cannot afford
29counsel, concerning his rights and obligations under this section,
30and shall be informed of those rights prior to executing the written
31consent. At any time more than five years after the transfer, the
32inmate shall be entitled to revoke his consent and to transfer to an
33institution in this state. In such cases, the transfer shall occur within
34the next 30 days.
35(b) This section shall become operative on July 1, 2011, or at
36such time as the Department of Corrections and Rehabilitation has
37replaced “temporary beds,” as defined in paragraph (3) of
38subdivision (a) of Section 15819.34 of the Government Code,
39whichever is sooner.
(a) The Department of Corrections and Rehabilitation
34may use the training academy at Galt or the training center in
35Stockton. The academy at Galt shall be known as the Richard A.
36McGee Academy. The training divisions, in using the funds, shall
37endeavor to minimize costs of administration so that a maximum
38amount of the funds will be used for providing training and support
39to correctional peace officers while being trained by the
9 Each new cadet who attends an academy shall complete the
10course of training, pursuant to standards approved by the CPOST
11before he or she may be assigned to a post or job as a peace officer.
12Every newly appointed first-line or second-line supervisor in the
13Department of Corrections and Rehabilitation shall complete the
14course of training, pursuant to standards approved by the CPOST
15for that position.
17 The Department of Corrections and Rehabilitation shall
18make every effort to provide training prior to commencement of
19supervisorial duties. If this training is not completed within six
20months of appointment to that position, any first-line or second-line
21supervisor shall not perform supervisory duties until the training
23(d) This section shall become operative July 1, 2012.
It is the intent of the Legislature to enact statutory
37changes relating to the Budget Act of 2013.