BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 1324 Hearing Date: April 12, 2016
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|Author: |Hancock |
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|Version: |March 28, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|AA |
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Subject: Incarceration: Rehabilitation
HISTORY
Source: Author
Prior Legislation:None
Support: California Catholic Conference, Inc.; California
Public Defenders Association
Opposition:None known
PURPOSE
The purpose of this bill is to enact a mission statement in law
for the Department of Corrections and Rehabilitation, and to
revise existing legislative declarations concerning the purpose
of punishment to include rehabilitation, as specified.
Current law creates in state government the California
Department of Corrections and Rehabilitation (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. (Government Code § 12838.) CDCR shall consist
of Adult Operations, Adult Programs, Health Care Services,
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Juvenile Justice, the Board of Parole Hearings, the State
Commission on Juvenile Justice, the Prison Industry Authority,
and the Prison Industry Board. (Id.) As explained in the
Legislative Analyst's Office Analysis of the Governor's 2016-17
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.
Current law states the following in the statute creating
the Commission on Correctional Peace Officer Standards and
Training, which became operative on July 1, 2015:
1) The Legislature finds and declares that peace
officers of the state correctional system, including
youth and adult correctional facilities, fulfill
responsibilities that require creation and application
of sound selection criteria for applicants and
standards for their training prior to assuming their
duties. . . .
2) The Legislature further finds that sound applicant
selection and training are essential to public safety
and in carrying out the missions of the Department of
Corrections and Rehabilitation in the custody and care
of the state's offender population. The greater degree
of professionalism which will result from sound
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screening criteria and a significant training
curriculum will greatly aid the department in
maintaining smooth, efficient, and safe operations and
effective programs.
(Penal Code § 13600.)
This bill would enact a new law providing that, the
"mission of the Department of Corrections and
Rehabilitation is to promote public safety by providing a
safe and constructive prison environment that fosters
positive and enduring behavioral change among offenders,
both in prison and after their return to the community. All
staff of the department perform equally vital and
integrated responsibilities in achieving the restorative
and rehabilitative goals of the department and shall be
supported in realizing the highest levels of professional
performance and personal satisfaction consistent with this
section."
Current law reflects a reorganization and consolidation of
state correctional departments that was enacted in 2005 (SB
737 (Romero) (Chapter 10, Statutes of 2005). One purpose
of this reorganization was to increase the importance of
rehabilitation programming within the department. The
reorganization attempted to achieve this by emphasizing
rehabilitation as part of the department's mission,
including the word "rehabilitation" in the name of what
previously was the Department of Corrections. (Government
Code § 12838.)
Current law provides that the legislature finds and
declares that the purpose of imprisonment for crime is
punishment and that this purpose is best served by terms
that are proportionate to the seriousness of the offense
while at the same time providing for uniformity in
sentences of offenders committing the same offense under
similar circumstances. (Penal Code § 1170(a)(1).)
This bill revises this section to include rehabilitation,
and "a correctional treatment program designed to address
the particular criminogenic needs of offenders," as
purposes of imprisonment for crime.
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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
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
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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:
" 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.Stated Need for This Bill
The author states in part:
The mission of CDCR is to promote public safety. This
mission can be accomplished only by providing a safe
and constructive prison environment. If offenders are
expected to change, and if reductions in recidivism
are demanded by policymakers and the public,
environments that foster positive and enduring
behavioral change among offenders must be created.
This cannot be done without skilled, committed and
supported staff.
Prisons can be extremely stressful work environments.
Correctional fatigue is a very real issue,
demonstrated by a high officer suicide rate, alcohol
abuse, family strife, physical illness, and
professional misconduct. As California's criminal
justice systems are retooled to reduce the prison
population and increase effective programming for
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offenders in prison, addressing issues core to the
well-being and effectiveness of correctional staff is
essential.
Staff preparation and training is critically important
in creating positive environments for change.
Rehabilitation does not happen in a vacuum - it takes
staff to make it materialize, not only those who do
the programs but those who help create a prison
environment conducive to programming and, ultimately,
rehabilitation.
SB 1324 institutes a strong and well-defined mission
for the California Department of Corrections and
Rehabilitation (CDCR) and its employees consistent
with the goals of promoting public safety through
professional staff and a safe and constructive
correctional rehabilitation environment. This measure
also updates existing law regarding the purpose of
imprisonment to include rehabilitation and effective
rehabilitation programming.
2.What This Bill Would Do
As explained above, this bill would enact a mission statement in
law describing the mission of the Department of Corrections and
Rehabilitation. This mission generally would reflect values of
promoting public safety through safe, constructive prison
environments and professional, well-prepared and supported
correctional staff. The bill additionally includes
rehabilitation in the current statutory provisions describing
the purpose of imprisonment.
3.Background
As noted above, in 2005 what had been the Department of
Corrections, in the Youth and Adult Correctional Agency, was
changed to the Department of Corrections and Rehabilitation. In
2004, then-Governor Schwarzenegger convened a "Corrections
Independent Review Panel chaired by former Governor Deukmejian.
That report, issued to the Governor in June of 2004, stated in
part:
Transforming the culture of the Department of
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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.<1>
With respect to mission statement the IRP stated:
A well-crafted mission statement defines a common
purpose for the organization and is integral to
quality management. Clear objectives are necessary in
order to motivate members to fulfill an organization's
mission, to prevent miscommunication, and create
shared values, fairness, and an ethical model at all
organizational levels.<2>
With respect to the critical importance of the correctional
workforce, the IRP stated in part:
The foundation of any organization is in its
personnel. In California's correctional system, this
foundation amounts to more than 54,000 individuals as
diverse and vibrant as the state itself. The budget
for salaries and benefits comprises more than
$3,925,583,000. This constitutes 5.6 percent of the
general fund. At the state level, this significant
investment in human resources supervise and control
more than 308,400 inmates, wards, and parolees in
order to protect California's citizens.
The key to any successful organization is simple.
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<1> Report of the Corrections Independent Review Panel, June
2004 (http://cpr.ca.gov/Review_Panel/pdf/introto6.pdf)
<2> Id.
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Hire the best people available and train them to do
their jobs with professionalism and integrity. In
addition, establish a command succession plan so that
the best and the brightest can be promoted through the
organization into leadership positions. These
activities cement the foundation.<3>
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<3> Id.