BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 1127       Hearing Date:    April 19, 2016    
          
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          |Author:    |Hancock                                              |
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          |Version:   |April 6, 2016                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|ML                                                   |
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           Subject:  Commission on Correctional Peace Officer Standards and  
 
                             Training:  Internet Web Site



          HISTORY

          Source:   Author

          Prior Legislation:SB 85 - Budget Act of 2015 (Committee on  
                         Budget and Fiscal Review) - Chaptered 26, Stats.  
                         2015

          Support:  Unknown

          Opposition:None known

                     
          PURPOSE

          The purpose of this bill is to require the Commission on  
          Correctional Peace Officer Standards and Training to establish  
          and maintain a web site to be more transparent and accountable  
          to California Department of Corrections and Rehabilitation  
          employees and also the public.

          Existing law establishes the Commission on Correctional Peace  
          Officer Standards and Training (CPOST), which is composed of six  








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          voting members: three members representing the Department of  
          Corrections and Rehabilitation where one shall be from the  
          Division of Juvenile Justice or the Division of Juvenile Justice  
          and three members appointed by the governor where two members  
          shall be rank-and -file persons from State Bargaining Unit 6.  
          (Penal Code 13600(A)-(D).)

          Existing law establishes CPOST in order to develop, approve and  
          monitor standards for the selection and training of state  
          correctional peace officer apprentices. (Penal Code 13601(a).)

          Existing law authorizes the Department of Corrections and  
          Rehabilitation to design and deliver training programs, conduct  
          validation studies, and provide program support, while the  
          Commission on Correctional Peace Officer Standards and Training  
          monitors the department's program compliance. (Penal Code  
          13601(g).)

          This bill adds Section 13605 to the Penal Code, which requires  
          the Commission on Correctional Peace Officer Standards and  
          Training (CPOST) to establish and maintain an Internet Web site  
          that will publish the following in order to promote transparency  
          and accountability:



                 Meeting minutes, agendas, and related supporting  
               documents.

                 An archive of past meeting minutes, agendas, and related  
               supporting documents.

                 Documents to provide employees and the public with  
               greater access to professional development materials.

          This bill requires that CPOST transmit live video and audio of  
          its meetings via the internet and provide an archive of these  
          recordings on its website. 

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  









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          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:










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              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.  Need for This Bill 

          According to the author:

            This bill will require the Commission on Correctional Peace  
            Officer Standards and Training within the Department of  
            Corrections and Rehabilitation to establish an Internet Web  
            site, in order to promote transparency and accountability. The  
            Web site will include meeting minutes, agendas, supporting  
            documents and an archive of past meeting minutes, agendas,  
            supporting documents, video and audio of past meetings. The  
            bill would also require the commission to transmit live video  
            and audio of all its meetings and include documents on the Web  
            site to provide employees and the public with greater access  
            to professional development materials. 

            Therefore this bill is intended to provide the career officer  
            support necessary to create an excellent workforce under  
            California Department of Corrections and Rehabilitation. In  
            turn, this will increase employee wellness and professional  
            satisfaction to create safer and more effective institutions,  
            leading to inmate rehabilitation and reduced recidivism.  
            Ultimately, all of this will lead to safer communities.

          2.  Background 

          Effective July 1, 2005, as part of the corrections agency  









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          consolidation, the Corrections Standards Authority (CSA) was  
          created within the California Department of Corrections and  
          Rehabilitation (CDCR) by bringing together the BOC and the  
          Correctional Peace Officers Standards and Training (CPOST)  
          Commission. The reorganization consolidated the duties and  
          functions of the BOC and CPOST and entrusted the CSA with new  
          responsibilities. Legislation associated with the 2011 Budget  
          Act (Senate Bill 92) abolished the California Council on  
          Criminal Justice and also the CSA, assigning their former duties  
          to the newly created 12-member Board of State and Community  
          Corrections that commenced on July 1, 2012. SB 92 also created  
          the Commission on Correctional Peace Officer Standards and  
          Training specifically to take over the CSA functions of  
          developing, approving and monitoring standards for the selection  
          and training of state correctional peace officers and  
          apprentices. 

          Last year, the Senate took made the following changes to CPOST  
          through the budget, 

               The budget reduces the length of the correctional officer  
               training academy from 16 to 12 weeks and re-establishes the  
               commission on Correctional Peace Officer Standards and  
               Training (CPOST). CPOST is responsible for developing and  
               monitoring standards for the selection and training of  
               correctional officers and will be governed by six members  
               (three from CDCR management and three from the correctional  
               officers' union) appointed by the Governor. In addition,  
               the budget requires CPOST to regularly consult with experts  
               in the area of correctional officer training.<1>
                
          3.  Effect of Legislation 
          
          As discussed above, CPOST was reestablished last year.  The CDCR  
          web site currently has a section for CPOST-that section contains  
          one meeting notice for April 14, 2016 and two agendas for the  
          February 11, 2016 and December 10, 2015.<2>  This bill requires  
          CPOST to publish much more substantial meeting and training  
          information online, including notes regarding what happens at  
          these meetings, access to the meetings via live and archived  
          video and audio meeting clips along with documents that  

          ---------------------------
          <1> http://sbud.senate.ca.gov/sites/  
          sbud.senate.ca.gov/files/FAR/2015FinalActionReport.pdf
          <2> http://www.cdcr.ca.gov/cpost/index.html








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          highlight professional development training and techniques to  
          current CDCR employees and other members of the public.


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