BILL ANALYSIS
AB 430
Page 1
Date of Hearing: March 31, 2009
Consultant: Larry Yee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 430 (Hagman) - As Amended: March 25, 2009
SUMMARY : Adds a representative of the Chino Valley Independent
Fire District to the Citizen Advisory Committee responsible for
the correctional facilities in Chino Valley.
EXISTING LAW :
1)Requires each state prison to have a citizens' advisory
committee, and authorizes one citizens' advisory committee to
serve every prison located in the same city or community.
[Penal Code Section 5056(a).]
2)Provides that the citizen's advisory committee shall consist
of not more than 15 members appointed by the warden, nine of
whom shall be appointed from the following [Penal Code Section
5056(a)(1) to (5)]:
a) Two persons from nominations by the Assembly Member
representing the prison's district.
b) Two persons from nominations by the Senator representing
the prison's district.
c) Two persons from nominations by the city council of the
city containing or nearest to the prison.
d) Two persons from nominations by the county board of
supervisors of the county containing the prison.
e) One person from nominations by the chief of police of
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the city containing or nearest to the prison and the county
sheriff of the county containing the prison.
3)Provides that each committee shall have a meeting open to the
public, at least once every two months. The warden shall meet
with the committee at least four times a year. The committee
shall have the power of visitation of prison facilities.
[Penal Code Section 5056(d).]
4)Provides that the prisons develop a Mutual Aid Escape Pursuit
Plan and Agreement with local law enforcement agencies,
submitted for annual review to the nearest city council and
board of supervisors. The prisons are not required to
disclose any information that could threaten the institution
or the community's security. [Penal Code Section 5004.5]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The Chino
Valley Fire District does and excellent job providing for the
safety of the citizens within its jurisdiction input from the
Fire district should be welcomed on the Citizens Advisory
Committee."
2)Background : According to the background submitted by the
author, "The problem with existing law AB 430 seeks to remedy
is a lack of input on the Citizens' Advisory Committee
responsible for the state correctional institutions in Chino
Valley from the local fire district that provides fire service
to the three state correctional institutions; Chino Institute
for Men, Chino Institute for Woman, and The Herman G. Starks
Youth Correctional Facility.
"Assembly Bill 430 would provide that an additional member
representing the Chino Valley Independent Fire District would
be added to the Citizens' Advisory Committee responsible for
the state correctional institutions in Chino Valley.
"The Chino Valley Independent Fire District has within its
boundaries three state correctional institutions; Chino
Institute for Men, Chino Institute for Woman, and The Herman
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G. Starks Youth Correctional Facility. All three prisons rely
heavily on fire and EMS response by the Chino Valley
Independent Fire District. For these reasons it is logical to
have a member of the Chino Valley Independent Fire District on
the Advisory Committee.
"In 1983/84 AB 2774 enacted PC 5004.5 and PC 5056. In
addition to a Mutual Aid Escape Pursuit Plan, the bill
required each prison to have a Citizen's Advisory Committee,
appointed by the Warden of the prison as specified. AB 1325
in 1996 provided a single Citizen's Advisory Committee could
represent multiple prisons located within one city or
community. PC 5056 specifies the make-up and appointment
process for members of the CAC, allocating designated seats to
legislative districts, city councils, the county, police
chief/sheriff, and at-large seats appointed by the Warden.
"Since there are a number of prisons within the Chino Valley
Fire District it is wise to give them representation on the
Citizens Advisory Committee overseeing the correctional
facilities within their jurisdiction.
"The Chino Valley Independent Fire District was reorganized as a
self-governed district in 1990. The Fire District overlays
three State institutions, all three prisons rely heavily on
fire and EMS response by the Fire District."
3)Argument in Support : According to the Chino Valley Fire
District, "The California Institution for Men (CIM),
California Institute for Women (CIW) and Herman G. Starks
Youth Facility are all located within the service area of our
district. Each of these facilities relies heavily on fire
district resources and personnel for fire suppression and
emergency medical response. Our paramedics respond to these
facilities on almost a daily basis.
"In 1983/84, when Penal Code 5056 was enacted to establish the
formation of the Prison Citizen's Advisory Committees (CAC),
we were a dependent district, governed by the County of San
Bernardino. As such, the fire district was represented,
albeit indirectly, by the County through one of their
legislatively designated seats on the CAC.
"In 1990, the fire district detached from the County and
reorganized as the Chino Valley Independent Fire District. As
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the public safety agency most heavily impacted by day-to-day
operations and long-range planning within these prisons, it is
extremely important for us to be formally represented on the
CAC. AB 430 will provide this critical connection between the
fire district, community, and operational needs of the fire
district and these institutions."
4)Prior Legislation : AB 1325 (Boland), Chapter 805 , Statutes
of 1996, required that one citizens' advisory committee serve
all correctional facilities located in the same city or
county, and established guidelines for the composition of the
committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Chino Valley Fire District
Opposition
None received
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744