BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 293


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          Date of Hearing:  March 17, 2015
          Counsel:               Stella Choe



                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                    293 (Levine) - As Introduced  February 11, 2015




          SUMMARY: Requires the California Department of Corrections and  
          Rehabilitation (CDCR) to establish a statewide policy on  
          operational procedures for the handling of threats made by  
          inmates, and by family members of inmates, against CDCR staff.   
          Specifically, this bill:  

          1)States that the policy shall include methods to ensure that  
            CDCR staff members are advised of threats made against them by  
            inmates or their family members.

          2)Requires all threats against CDCR staff made by inmates or  
            their family members to be thoroughly investigated.

          3)Provides that a copy of the statewide policy shall be  
            accessible to members of the public upon request.

          4)Specifies that that the provisions of this bill do not  
            prohibit an individual institution within CDCR from developing  
            a more detailed notification procedure for advising staff  
            members of threats made against them.

          5)Provides if an individual institution has a more detailed  








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            policy, the policy shall be accessible to every member of the  
            staff of the institution.

          6)Mandates CDCR to provide training on the policy developed  
            pursuant to the provisions of this bill as part of its  
            existing training programs.

          EXISTING LAW:  

          1)Creates in state government CDCR, 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.  
            CDCR shall consist of Adult Operations, Adult Programs, Health  
            Care Services, Juvenile Justice, the Board of Parole Hearings,  
            the State Commission on Juvenile Justice, the Prison Industry  
            Authority, and the Prison Industry Board.  (Gov. Code, §  
            12838, subd. (a).)



          2)States that no state agency shall issue, utilize, enforce, or  
            attempt to enforce any guideline, criterion, bulletin, manual,  
            instruction, order, standard of general application, or other  
            rule, which is a regulation as defined, unless the guideline,  
            criterion, bulletin, manual, instruction, order, standard of  
            general application, or other rule has been adopted as a  
            regulation and filed with the Secretary of State.  (Gov. Code,  
            § 11340.5.)



          3)States that whenever by the express or implied terms of any  
            statute a state agency has authority to adopt regulations to  
            implement, interpret, make specific or otherwise carry out the  
            provisions of the statute, no regulation adopted is valid or  
            effective unless consistent and not in conflict with the  
            statute and reasonably necessary to effectuate the purpose of  
            the statute.  (Gov. Code, § 11342.2.)



          4)Authorizes the Director of CDCR to prescribe and amend rules  








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            and regulations for the administration of the prisons and the  
            administration of the parole of persons, except as specified.   
            All rules and regulations shall, to the extent practical, be  
            stated in language that is easily understood by the general  
            public.  (Pen. Code, § 5058, subd. (a).)

          5)Provides that the director of CDCR shall require each state  
            prison under the department's jurisdiction to develop a Mutual  
            Aid Escape Pursuit Plan and Agreement with local law  
            enforcement agencies. The plan, together with any supporting  
            information, shall be submitted for annual review to the city  
            council of the city containing, or nearest to, the institution  
            and to the county board of supervisors of the county  
            containing the prison.  Nothing in this section shall require  
            the department to disclose any information which may threaten  
            the security of an institution or the safety of the  
            surrounding community.  (Pen. Code, § 5004.5.)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "AB 293 will  
            require the Department of Corrections and Rehabilitation  
            (CDCR) to establish statewide guidelines for investigating  
            death threats against the women and men who work in  
            California's correctional facilities."

          2)Background: According to the background materials provided by  
            the author's office, in December 2014, the Division of Adult  
            Institutions (DAI) within CDCR conducted a survey of its 35  
            adult institutions in an effort to determine which  
            institutions have notification procedures for threats against  
            staff.  The survey inquired whether the institutions had  
            established policies and procedures in place should an inmate  
            threaten an employee, either verbally or non-verbally.  Out of  
            the 35 institutions surveyed, 28 institutions had established  
            local policies and procedures and the remaining seven  
            institutions were determined to not have localized procedures.  
             The survey found that some institutions have notification  
            procedures that are kept in the confidential section of their  
            operations manual, while others do not.  Of the institutions  








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            that do have notification procedures, some do not provide  
            training to staff on these procedures.  In addition, it was  
            found that some institutions do not have any notification  
            procedures in place.

            As a result of these findings, DAI established a Warden's  
            Advisory Group for the purpose of creating a standardized  
            procedure which identifies institution and employee  
            responsibilities for recognizing, reporting, and responding to  
            inmate threats, including threats made by family members of  
            inmates, against CDCR staff.  DAI is currently working on a  
            statewide notification procedure that will apply to all  
            institutions.  Since DAI is currently in the drafting phase,  
            they are not certain whether it will be included in the  
            confidential Department Operations Manual (DOM) or if it will  
            be available in the public DOM.  

          3)Argument in Support:  According to the California Correctional  
            Peace Officers Association, "Under current law, there is no  
            requirement that CDCR develop a policy and procedure for  
            investigating inmate threats against staff.  This gap in  
            existing law has resulted in a patchwork of policies and  
            procedures that can vary from institution to institution;  
            including some institutions that have policies that do not  
            include a staff member being notified when there has been a  
            threat made against them.  As a result, death threats can be  
            made against a Correctional Peace Officer or their family  
            members, and the officer may never know it."

          4)Argument in Opposition:  Legal Services for Prisoners with  
            Children argues, "While it would be helpful for CDCR to  
            establish uniform, statewide policies, we feel that the  
            Legislature could be much more proactive.  Rather than let  
            CDCR draft its own policy, the Legislature should use its  
            authority to draft one that is sensible and fair.  Letting  
            CDCR draft its own disciplinary practices overlooks the  
            important mandate that the Legislature has to govern  
            California's prison system.

          "Threats made against correctional officers are often  
            unsubstantiated.  In disciplinary hearings, it is often the  
            officer's word against the inmates.  This bill, by not  








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            containing sufficient provisions, would allow prison officials  
            to use criminal threats as a way of seeking disciplinary  
            retaliation against California prisoners.  This bill would be  
            improved if it set forth protections for inmates, such as  
            strict evidentiary criteria in disciplinary hearings and  
            limits on the type and severity of punishment (if someone is  
            found guilty).  Furthermore, this bill should clearly state  
            that prisoners cannot be punished or have privileges taken  
            away if it is found that their family members threatened a  
            correctional staff member." 

          5)Related Legislation: SB 601 (Hancock) would require the  
            Secretary of CDCR to develop a Corrections Accountability  
            Report as described for each institution on January 10, March  
            15, and a fiscal year-end report and post those reports on the  
            department's Internet Web site.  SB 601 is pending referral by  
            the Senate Rules Committee. 


          REGISTERED SUPPORT / OPPOSITION:
          
          Support


          American Federation of State, County and Municipal Employees  
          (AFSCME)
          California Correctional Peace Officers Association



          Opposition

          Legal Services for Prisoners with Children



          Analysis Prepared  
          by:              Stella Choe/PUB. S./(916) 319-3744












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