BILL ANALYSIS Ó AB 293 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 293 (Levine) As Amended June 1, 2015 2/3 vote. Urgency -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(April 9, |SENATE: |39-0 |(July 6, 2015) | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. 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 or wards, and by family members of inmates or wards, against CDCR staff. The Senate amendments: 1)Apply this bill's provisions to juvenile offenders in the custody of CDCR or family members of juvenile offenders. 2)Add an urgency clause. 3)Require the policy to be fully implemented by July 1, 2016. AB 293 Page 2 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. 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. 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. 4)Authorizes the Director of CDCR to prescribe and amend rules 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. 5)Provides that the director of CDCR shall require each state prison under the department's jurisdiction to develop a Mutual AB 293 Page 3 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. AS PASSED BY THE ASSEMBLY, this bill: 1)Stated 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)Required all threats against CDCR staff made by inmates or their family members to be thoroughly investigated. 3)Provided that a copy of the statewide policy shall be accessible to members of the public upon request. 4)Specified 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)Provided if an individual institution has a more detailed policy, the policy shall be accessible to every member of the staff of the institution. 6)Mandated CDCR to provide training on the policy developed pursuant to the provisions of this bill as part of its existing training programs. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. AB 293 Page 4 COMMENTS: 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." Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0001096