BILL ANALYSIS                                                                                                                                                                                                    



          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.   

               ----------------------
          <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.