BILL ANALYSIS Ó
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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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Page 2
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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Page 5
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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