BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     SB 601


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          Date of Hearing:  June 30, 2015


          Counsel:               Gabriel Caswell








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          601 (Hancock) - As Amended April 20, 2015





          SUMMARY:  Requires the Secretary of the Department of  
          Corrections and Rehabilitation develop a Corrections  
          Accountability Report on January 10, March 15, and a fiscal  
          year-end report, containing specified information regarding each  
          institution, including, among other information, the total  
          budget, including actual expenditures, staff vacancies and the  
          number of authorized staff positions, overtime, sick leave, and  
          the average length of lockdowns, and to post those reports on  
          the department's Internet Web site, as provided.  Specifically,  
          this bill:  












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          1)Provides that the Secretary of the Department of Corrections  
            and Rehabilitation shall develop a Corrections Accountability  
            Report for each institution on January 10, March 15, and a  
            fiscal year-end report and post those reports on the  
            department's website. The department shall post both current  
            fiscal-year reports and reports for the immediately preceding  
            three fiscal years for each institution. The department shall  
            also post corrections made to inaccurate or incomplete data to  
            current or previous reports.

          2)Specifies that each report shall include the three-year  
            statewide recidivism rate, a brief biography of the warden,  
            including whether he or she is an acting or permanent warden,  
            contact information for the warden, and a brief description of  
            the prison, including the total number of inmates.



          3)Specifies that each report shall be created using, when  
            possible, information collected using the Compstat (computer  
            assisted statistics) reports for each prison, or other  
            verifiable information collected by the department, and shall  
            include, but not be limited to, all of the following  
            indicators:



             a)   Total budget, including actual expenditures, staff  
               vacancies, overtime, sick leave, and number of authorized  
               staff positions;

             b)   Rehabilitation programs, including capacity, enrollment,  
               and diploma and GED completion rate;



             c)   Average length of lockdowns;











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             d)   Number of deaths, specifying homicides, suicides,  
               unexpected deaths, and expected deaths;



             e)   Number of use of force incidents;



             f)   Number of inmate appeals, including the number being  
               processed, overdue, and dismissed;



             g)   Number of inmates in administrative segregation; and



             h)   Total contraband seized, specifying the number of  
               cellular telephones.





          EXISTING LAW:  





          1)Creates in state government, the California Department of  
            Corrections and Rehabilitation (CDCR), headed by a Secretary  
            who is appointed by the Governor, subject to Senate  
            confirmation, and serves at the pleasure of the Governor.   
            CDCR consists of Adult Operations, Adult Programs, Juvenile  











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            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.   
            (Gov. Code, § 12838, subd. (a).) As explained in the  
            Legislative Analyst's Office Analysis of the Governor's  
            2015-16 Proposed Budget:  The CDCR is responsible for the  
            incarceration of adult felons, including the provision of  
            training, education, and health care services.  As of February  
            4, 2015, CDCR housed about 132,000 adult inmates in the  
            state's prison system.  Most of these inmates are housed in  
            the state's 34 prisons and 43 conservation camps.  About  
            15,000 inmates are housed in either in-state or out-of-state  
            contracted prisons.  The department also supervises and treats  
            about 44,000 adult parolees and is responsible for the  
            apprehension of those parolees who commit new offenses or  
            parole violations.  In addition, about 700 juvenile offenders  
            are housed in facilities operated by CDCR's Division of  
            Juvenile Justice, which includes three facilities and one  
            conservation camp.  The Governor's budget proposes total  
            expenditures of $10.3 billion ($10 billion General Fund) for  
            CDCR operations in 2015-16.

          2)Provides that the Governor, upon recommendation of the  
            Secretary, shall appoint the wardens of the various state  
            prisons.  Each warden shall be subject to removal by the  
            secretary.  If the Secretary removes him or her, the  
            secretary's action shall be final.  The warden shall be exempt  
            from civil service.  (Pen. Code, § 6050, subd. (a).)

          3)Authorizes the Inspector General (IG) to conduct a management  
            review audit of any warden in CDCR or superintendent in the  
            Division of Juvenile Justice.  The management review audit  
            shall include, but not be limited to, issues relating to  
            personnel, training, investigations, and financial matters.   
            Each management review audit shall include an assessment of  
            the maintenance of the facility managed by the warden or  
            superintendent.  The audit report shall be submitted to the  
            Secretary of CDCR for evaluation and for any response deemed  
            necessary.  Any Member of the Legislature or the public may  











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            request and shall be provided with a copy of any audit by the  
            Inspector General, including a management review audit or a  
            special audit or review.  A report that involves potential  
            criminal investigations or prosecution or security practices  
            and procedures shall be considered confidential, and its  
            disclosure shall not be required under this section.  (Pen.  
            Code, § 6051.)

          4)States that the IG shall audit each warden of an institution  
            one year after his or her appointment, and shall audit each  
            correctional institution at least once every four years.  Each  
            audit shall include, but not be limited to, issues relating to  
            personnel, training, investigations, and financial matters.   
            Each audit shall include an assessment of the maintenance of  
            the facility managed by the warden.  The audit report shall  
            include the IG's assessment of facility maintenance.  These  
            audit reports shall be provided to the Legislature and shall  
            be made public.  The requirements of this paragraph shall be  
            phased in by the IG so that they are fully met by July 1,  
            2009.  (Pen. Code, § 6126 subd. (a)(2).)

          5)Specifies that the Secretary of the Department of Corrections  
            and Rehabilitation is required to establish the Case  
            Management Reentry Pilot Program for offenders under the  
            jurisdiction of the department who have been sentenced to a  
            term of imprisonment under Section 1170 and are likely to  
            benefit from a case management reentry strategy designed to  
            address homelessness, joblessness, mental disorders, and  
            developmental disabilities among offenders transitioning from  
            prison into the community, as specified.  The department is  
            required to submit a final report of the findings from its  
            evaluation of the pilot program to the Legislature and the  
            Governor no later than three years after the enactment of  
            Assembly Bill 1457 or Senate Bill 851 of the 201314 Regular  
            Session.  (Pen. Code § 3016.)















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          FISCAL EFFECT:  





          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 601  
            establishes a framework for providing better public access to  
            key information about the performance of California's prison  
            system by displaying a user friendly quarterly report on the  
            CDCR webpage."

          2)Author's Background:  According to the background submitted by  
            the author, "SB 601 intends to develop an accessible quarterly  
            report that highlights management and performance of each  
            state prison for legislative use. By requiring the Secretary  
            of the CDCR to repackage the data to post online, the public  
            and the Legislature could hold the department accountable for  
            the overall management of the correctional facility, including  
            administrative services, expenditures, safety and security,  
            and program and support services."

          3)Comstat:  Comstat (short for "computer statistics") is an  
            organizational management tool modeled after the Los Angeles  
            and the New York Police Departments to monitor and reduce  
            crimes and is easily accessible to the public.  In 2006, the  
            CDCR designed and implemented Compstat to monitor and provide  
            operational review of prisons, parole, and CDCR as a whole.   
            As part of Governor Schwarzenegger's government transparency  
            efforts in 2009, the Compstat reports were moved from the  
            CDCR's Web site and made available on the Reporting  
            Transparency in Government's Web site; however, the Compstat  
            reports and audits are hard for the public to find and view  











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            among the thicket of reports on that site.  In addition, the  
            Compstat audits and reports are non-descriptive and difficult  
            to understand.  This bill is intended to make Comstat  
            information more readily accessible and easier to understand.

          4)Independent Review Panel Recommendations:  For the last  
            several years the CDCR has been the subject of a great deal of  
            scrutiny and criticism.  In March of 2004 then-Governor  
            Schwarzenegger announced the creation of an "Independent  
            Review Panel" ("IRP") led by former Governor George Deukmejian  
            to examine ways to improve adult and youth corrections in  
            California.  In June of 2004 the IRP released its report,  
            urging in part the establishment of "a system of  
            accountability that includes performance measures by which to  
            evaluate employees and monitor levels of achievement."<1>  The  
            IRP, which assessed a state correctional system prior to the  
            reorganization approved in 2005,<2> stated in part:

               To a significant extent, the problems of California's  
               Correctional system grow out of its structure.  The  
               Secretary of the Youth and Adult Correctional Agency,  
               for example, has no control over line operations.   
               Instead, the state's 32 prison wardens and eight  
               juvenile institution superintendents each operate  
               independently, with little consistency in procedures  
               and minimal help from headquarters.  Lines of  
               responsibility are blurred by layers of bureaucracy  
               between managers and functions.  Accountability is  
               conspicuously absent, as is transparency for the  
               public into the system's inner workings.  Clear,  
               uniform policies governing the system's most vital  
               ----------------------


          <1>


             Report of the Independent Corrections Review Panel (June  
          2004), p. 26.  The report is available online at  
          http://cpr.ca.gov/Review_Panel/.
          <2>   The reorganization of the corrections agency was codified  
          in SB 737 (Romero), Ch. 10 Stats. 2005.








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               functions - fiscal matters, personnel and training,  
               internal affairs, information technology, and health  
               care - are equally lacking.  Boards, commissions, and  
               other entities that have evolved over the decades  
               perform duplicate and overlapping functions.  And the  
               system's organizational structure has not kept pace  
               with the massive growth in inmate population or with  
               the vast geographical spread of the institutions.  


               The sheer size and complexity of the correctional  
               system, the critical nature of its mission, and the  
               severity of the problems dictate the need for  
               wholesale reform, and that reform should begin with  
               the system's organizational structure. The Corrections  
               Independent Review Panel therefore proposes that the  
               state's correctional agencies be reorganized according  
               to the plan described in this chapter.  While the  
               restructuring alone will not produce the necessary  
               reforms, it will serve as the foundation for cleaning  
               up the prison system, reining in costs, curbing  
               misconduct, holding correctional administrators  
               accountable for the system's performance, and making  
               communities safer by doing more to ensure that inmates  
               and youth wards leave custody better prepared to  
               function in society.<3> 


          The IRP, which recommended a restructuring that "'flattens' the  
          organization by removing layers of bureaucracy that have  
          obscured lines of authority and accountability between top  
          managers and the functions for which they are responsible,"<4>  
          identified the following management principles as key to  
          reforming the state's correctional system, and in particular  
          recommended:




          ---------------------------
          <3>   Id, p. 1 (emphasis added).
          <4>   Id. p. 4.










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               Transforming the culture of the Department of  
               Corrections and the California Youth Authority into  
               one in which personal integrity and loyalty to the  
               department mission consistently take precedence over  
               loyalty to co-workers suspected of wrongdoing,  
               requires a vigorous, multi-pronged approach.  The  
               effort should be guided by quality management  
               principles incorporating clear objectives and purpose;  
               key performance measures; consistent monitoring; and a  
               system of correction and reward.  Quality management  
               principles accomplish the following: 





                     Provide clarity of purpose in each employee's  
                 job; 
                     Link each person's work to the department's  
                 mission; 
                     Foster continual improvement; 
                     Bring accountability to all department  
                 levels.<5> 



          With respect to management staff, the IRP stated the department  
          "must provide supervisors, managers, and executive management  
          every possible opportunity to succeed.  


               These individuals must be given a clear understanding  
               of the responsibilities of their positions.  They must  
               also receive performance evaluations to ensure that  
               they grow in their positions and know how to improve  
               their performance.  To accomplish that purpose, the  
               Department of Correctional Services should take the  
               following actions: 



               ----------------------


          <5>   Id., p. 20-21 (emphasis added). 








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                           Develop specific job objectives in the  
                    job description for all managers, and executives,  
                    and rate job performance by these objectives at  
                    least annually.  The specific job objectives and  
                    method of rating job performance must be  
                    standardized to ensure consistency. . . .   
                         These basic management steps must be  
               incorporated into the performance evaluations of each  
               manager and evaluated at least annually.  Clear    
               standards lead to better accountability of employee  
               actions and help identify employees who need further  
               training or mentorship. . . . <6> 


          Specifically with respect to wardens, the report states:   


               To provide a model for exceptional performance by  
               wardens Secretary Lehman of the Washington State  
               Department of Corrections noted: 


                  There are five questions to ask top performing  
                  wardens to find out how effectively they deal  
                  with an issue: (1) What alternatives or options  
                  were considered? (2) What were the expected  
                  results? (3) What data was tracked? (4) What  
                  barriers were encountered? (5) What actions were  
                  taken to improve the problem?<7>


          Following the IRP report, in 2005 Governor Schwarzenegger  
          proposed to reorganize what then was the "Youth and Adult  
          Correctional Agency."  Accountability was a key goal of the  
          proposed reorganization:


          ---------------------------


          <6>   Id., p. 75. 
          <7>   Id. p. 94.








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               Restructuring will establish clear lines of reporting,  
               accountability and responsibility and performance  
               assessment that will improve services, reduce the  
               likelihood of repeat offenses and eliminate abuses  
               within the current system.  It will centralize  
               services and activities to remove duplication and  
               leverage the scale of the Department's $6 billion  
               spending authority, thus reducing the cost of  
               operations.  The reorganization will deliver a safer  
               society at less cost to the people of California.<8>


          In its report assessing the Governor's proposed reorganization,  
          the Little Hoover Commission stated in part:


               The plan clarifies and strengthens the chain of  
               command from the secretary to the prison wardens and  
               Youth Authority superintendents, who under the current  
               system operate with little accountability to the  
               secretary or loyalty to the organization.  Wardens and  
               superintendents will report to the secretary through a  
               division director and chief deputy secretary and will  
               not require Senate confirmation.  The proposed  
               reorganization would give the secretary necessary  
               authority over all activities in the agency and its  
               subordinate departments, thereby increasing the  
               ability of the Governor, lawmakers and the public to  
               hold the secretary accountable for the performance of  
               correctional programs.


               ----------------------
          <8>   Governor's Reorganization Plan, Reforming California's  
          Youth & Adult Correctional Agency (Appendix "A," Reconstructing  
          Government: A Review of the Governor's Reorganization Plan:  
          Reforming California's Youth and Adult Correctional Agency,  
          Little Hoover Commission (Feb. 2005).










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               . . .  The lack of a unified structure for prison work  
               and education programs has diminished their  
               effectiveness.  The longstanding practice of allowing  
               prisons to operate independently has hindered  
               accountability and hampered the standardization of  
               policies, contributing to inmate abuse and expensive  
               lawsuits.<9>


          With respect to wardens prior to the 2005 reorganization, the  
          Little Hoover Commission noted:


               Under the current system, the Secretary reports to the  
               Governor, but he does not have the actual power to  
               change the operations of the Department of Corrections  
               and the California Youth Authority that administer the  
               correctional institutions. As a result, the Governor  
               cannot truly hold the Secretary accountable for the  
               performance of the correctional system or enact major  
               reforms in the way prisons are administered.  Nor can  
               the Secretary dismiss a warden of an institution.  
               Currently the system's 32 wardens and eight  
               superintendents do not report directly into the  
               Secretary.  Each warden employs different standards  
               and different operating procedures.  This  
               decentralized framework, along with Senate  
               confirmation of wardens, has helped create a system of  
               operational silos with little accountability or  
               sharing of best practices outside the facility  
               walls.<10>


          1)SB 601 (2011) Hancock:  Senator Hancock sponsored SB 601 in  
            2011 which required the Secretary of the Department of  
            Corrections and Rehabilitation to develop a Corrections  
            Accountability Report on January 10, March 15, and a fiscal  


          ---------------------------
          <9>  Id (emphasis added).
          <10> Id. (emphasis added).










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            year-end report, containing specified information regarding  
            each institution, including, among other information, the  
            total budget, including actual expenditures, staff vacancies  
            and the number of authorized staff positions, overtime, sick  
            leave, and the average length of lockdowns, and to post those  
            reports on the department's Internet website.  The bill was  
            vetoed by Governor Brown with the following veto message:  
            
            " This measure would require the Department of Corrections and  
            Rehabilitation to post on its website prescribed information  
            and reports and to update them every four months. 

            "This measure is unnecessary and redundant; existing law  
            already requires the Department to provide this information. I  
            am happy to work with the author on ways the Department could  
            better organize its website, but I don't think this takes a  
            law."

          2)Argument in Support:  According to Legal Services for  
            Prisoners with Children, "SB 601's 'data dashboard' would  
            provide a much more accurate picture of CDCR policy and  
            procedure to lawmakers. Further, by requiring the CDCR to  
            publish the 'data dashboard' on their website on a quarterly  
            basis, SB 601 involves the general public and establishes a  
            more meaningful system of accountability within California's  
            correctional system.  By increasing the ability of the public,  
            lawmakers, and the Governor to each hold the CDCR accountable  
                                                                        for the performance of correctional programs, SB 601's 'data  
            dashboard' will ultimately allow for more responsible policy  
            and more effective reform to follow."  

          3)Prior Legislation:  SB 601 (Hancock) of the 2011-2012  
            Legislative Session, required the Secretary of the Department  
            of Corrections and Rehabilitation to develop a Corrections  
            Accountability Report on January 10, March 15, and a fiscal  
            year-end report, containing specified information regarding  
            each institution, including, among other information, the  
            total budget, including actual expenditures, staff vacancies  
            and the number of authorized staff positions, overtime, sick  











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            leave, and the average length of lockdowns, and to post those  
            reports on the department's Internet website.  SB 601 was  
            vetoed by Governor Brown.  




          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          Legal Services for Prisoners with Children





          Opposition


          


          None  





          Analysis Prepared by:Gabriel Caswell / PUB. S. / (916)  
          319-3744











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