BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 293


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          293 (Levine)


          As Amended  June 1, 2015


          2/3 vote.  Urgency


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          |ASSEMBLY:  |78-0  |(April 9,      |SENATE: |39-0  |(July 6, 2015)   |
          |           |      |2015)          |        |      |                 |
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          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


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          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


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            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


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          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