BILL ANALYSIS                                                                                                                                                                                                    




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          |SENATE RULES COMMITTEE            |                       SB 1324|
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                                       CONSENT


          Bill No:  SB 1324
          Author:   Hancock (D)
          Amended:  3/28/16  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  6-0, 4/12/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning, Stone
           NO VOTE RECORDED:  Anderson

           SUBJECT:   Incarceration:  rehabilitation


          SOURCE:    Author


          DIGEST:  This bill enacts a mission statement in law for the  
          Department of Corrections and Rehabilitation, and revises  
          existing legislative declarations concerning the purpose of  
          punishment to include rehabilitation, as specified.


          ANALYSIS:  


          Existing law:


          1)  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,  
            Juvenile Justice, the Board of Parole Hearings, the State  
            Commission on Juvenile Justice, the Prison Industry Authority,  








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            and the Prison Industry Board. (Id.)


          2)  States the following in the statute creating the Commission  
            on Correctional Peace Officer Standards and Training, which  
            became operative on July 1, 2015:


             a)   "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 ?"  


             b)   "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 screening  
               criteria and a significant training curriculum will greatly  
               aid the department in maintaining smooth, efficient, and  
               safe operations and effective programs."


          3)  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.)


          4)  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  








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            for uniformity in sentences of offenders committing the same  
            offense under similar circumstances. (Penal Code   
            1170(a)(1).)


          This bill:


          1)Enacts a new statute 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."


          2)Revises the sentencing statute described above to include  
            rehabilitation, and "a correctional treatment program designed  
            to address the particular criminogenic needs of offenders," as  
            purposes of imprisonment for crime.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified4/14/16)


          California Catholic Conference
          California Public Defenders Association


          OPPOSITION:   (Verified4/14/16)


          None received








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          ARGUMENTS IN SUPPORT:     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  
               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  








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               correctional rehabilitation environment.  This measure  
               also updates existing law regarding the purpose of  
               imprisonment to include rehabilitation and effective  
               rehabilitation programming.





          Prepared by:  Alison Anderson / PUB. S. /
          4/15/16 14:10:36


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