BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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AB 430 (Hagman)
As Amended May 27, 2009
Hearing date: June 9, 2009
Penal Code
SM:br
CORRECTIONS CITIZENS' ADVISORY COMMITTEES - CHINO VALLEY
INDEPENDENT FIRE DISTRICT
HISTORY
Source: Chino Valley Independent Fire District
Prior Legislation: SB 283 (Leslie) - Chap. 942, Stats. 1997
Support: California Professional Firefighters
Opposition:None
Assembly Floor Vote: Ayes 75 - Noes 0
KEY ISSUE
SHOULD AN ADDITIONAL MEMBER BE ADDED TO THE CITIZENS' ADVISORY
COMMITTEES AT THE TWO PRISONS IN THE CHINO VALLEY INDEPENDENT FIRE
DISTRICT AND THOSE MEMBERS BE REPRESENTATIVES OF THE FIRE DISTRICT?
PURPOSE
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The purpose of this bill is to add an additional member
representing the Chino Valley Independent Fire District (the
District), nominated by the Chino Valley Independent Fire
District, to the citizens' advisory committees that advise the
California Institute for Men and the California Institute for
Women.
Existing law provides that each state prison under the
jurisdiction of the California Department of Corrections and
Rehabilitation (CDCR) shall have a citizens' advisory committee
(CAC) except that one committee may serve every prison located
in the same city or community. Each committee shall consist of
not more than 15 members appointed by the institution's warden,
nine of whom shall be appointed from a list of nominations
submitted to him or her as follows:
Two persons from nominations submitted by the Assembly
Member in whose district the prison is located.
Two persons from nominations submitted by the Senator in
whose district the prison is located.
Two persons from nominations submitted by the city
council of the city containing or nearest to the
institution.
Two persons from nominations submitted by the county
board of supervisors of the county containing the
institution.
One person from nominations submitted by the chief of
police of the city containing or nearest to the institution
and the county sheriff of the county containing the
institution.
(Penal Code 5056 (a).)
Existing law provides that where a citizens' advisory
committee serves more than one prison, the warden of each
prison served by this committee shall collaborate with every
other warden of a prison served by the committee for the
purpose of appointing committee members. (Penal Code 5056
(b).)
Existing law provides that each committee shall select its own
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chairperson by a majority vote of its members. The term of
office of all members shall be two years. In the event of a
vacancy due to resignation, death, or absence from three
consecutive meetings, the appointing power shall fill the
vacancy following receipt of written notification that a vacancy
has occurred. (Penal Code 5056 (c).)
Existing law provides that each committee shall meet at least
once every two months or as often, on the call of the
chairperson, as necessary to carry out the purposes and duties
of the committee. Meetings of the committee shall be open to
the public. The warden of each institution shall meet with the
committee at least four times each year. (Penal Code 5056
(d).)
Existing law provides that the advisory committees of the
several institutions shall have the power of visitation of
prison facilities and personnel in furtherance of the goals of
this section. (Penal Code 5056 (d).)
Existing law provides that disclosure by the CDCR of information
which may threaten the security of an institution or the safety
of the surrounding community shall not be required, nor shall
the power of visitation, as specified, extend to situations
where institutional security would be jeopardized. (Penal Code
5056 (e).)
This bill codifies the following legislative findings:
The Legislature finds and declares that due to the
local conditions resulting in the Chino Valley
Independent Fire District having within its area
of service two state institutions under the
jurisdiction of the Department of Corrections and
Rehabilitation, the California Institute for Men
and the California Institute for Women, special
legislation is needed to address the need for the
citizens' advisory committees responsible for
those institutions to have an additional member
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representing the Chino Valley Independent Fire
District.
This bill provides that, in addition to the members designated
for the citizens' advisory committees that advise the California
Institute for Men and the California Institute for Women
pursuant to Section 5056, there shall be an additional member
representing the Chino Valley Independent Fire District,
nominated by the Chino Valley Independent Fire District, for
selection by the warden, pursuant to Section 5056.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
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<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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in comparison to prisons in other states or jails
within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
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reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
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
Citizens' Advisory Committee, appointed by the
Warden of the prison as specified. AB 1325 in
1996 provided a single Citizens' 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
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<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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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 two State
institutions, both prisons rely heavily on fire
and EMS response by the Fire District.
AB 430 adds a representative from the Chino
Valley Independent Fire District to the
Citizens' Advisory Committee to speak to issues
concerning fire safety.
2. Background: Chino Valley Independent Fire District
According to the District's preliminary budget for 2008-2009,
the Chino Valley Independent Fire District is located in the
southwest region of San Bernardino County. The jurisdiction of
the Fire District is approximately 80 square miles in size and
has an estimated current population of 172,942. It is estimated
that the Fire District population will be over 200,000 within
the next 20 years. The Cities of Chino, Chino Hills, and
surrounding unincorporated areas are served by the Fire
District. Personnel responded to 8,578 emergency incidents last
year. The District is funded by property taxes levied on
members of the District as well as a proportionate share of the
property taxes collected by the county, and other specified fees
and reimbursements.
3. Citizen Advisory Committees
Citizen Advisory Committees were created by statute in 1984.
The statute states that, "Each committee shall consist of not
more than 15 members appointed by the institution's warden, nine
of whom shall be appointed from a list of nominations submitted
to him or her as follows:
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Two persons from nominations submitted by the
Assembly Member in whose district the prison is
located.
Two persons from nominations submitted by the
Senator in whose district the prison is located.
Two persons from nominations submitted by the
city council of the city containing or nearest to
the institution.
Two persons from nominations submitted by the
county board of supervisors of the county containing
the institution.
One person from nominations submitted by the
chief of police of the city containing or nearest to
the institution and the county sheriff of the county
containing the institution."
(Penal Code section 5056 (a).)
Penal Code Section 5056 does not state what the purposes and
duties of the committee are, however, according to the CDCR:
Each California Department of Corrections (CDCR) warden
is required to establish [a] citizens' advisory
committee to improve the public's understanding of
correctional programs and suggest means to participate
in inmate programming. The committees are designed to
help foster interaction and partnership between the
Department and local communities. CDCR wardens
regularly attend citizens' advisory committees (CACs)
and share information related to their respective
institution. In addition, wardens utilize CACs to
encourage community service projects, open houses,
public education efforts, and any other appropriate
activities aimed at strengthening the institution's
partnership with the community.
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4. Policy Issues
According to both CDCR and the Chino Valley Independent Fire
District, the District currently has a representative on the CAC
for the California Institution for Men, appointed by the warden
as one of the warden's six "at large" members. The District has
also informed the Committee staff that it has recently been
asked to nominate a representative of the District to the CAC
for the California Institution for Women, apparently again as
one of the warden's "at large" members. That nomination is due
to take place on June 9. Therefore the Fire District will have
representatives on each CAC within its district.
If, for some reason future wardens of these prisons were to
chose not to appoint members of the Fire District to their CACs,
eight of the other nine representatives on the CAC are appointed
by state and local officials who could also appoint a
representative from the Fire District if they were to find it
appropriate and necessary. Members may wish to consider whether
a change in state law altering the composition of these CACs is
necessary, given that the Chino Valley Independent Fire District
is already represented on one of the CACs in its District and
will soon be represented on the other.
One potential negative consequence of codifying the request of
one fire district to grant them a permanent seat on the CACs in
their district is that other fire districts, as well as other
local entities, may also feel that they are deserving of special
representation on the CAC and a piecemeal reconstruction of the
composition of the CACs could ensue. The existing statute
allows the warden, the city council, the board of supervisors,
the Senator or the Assemblymember representing the District to
appoint a representative to the CACs from the Fire District if
they feel that is necessary and appropriate. As noted above,
this is exactly what has happened.
DOES THIS FIRE DISTRICT HAVE ADEQUATE OPPORTUNITIES FOR
REPRESENTATION ON ITS LOCAL CACs UNDER CURRENT LAW?
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IS THE FIRE DISTRICT IN FACT GOING TO HAVE REPRESENTATIVES
APPOINTED TO BOTH CACs?
COULD PROVIDING A STATUTORILY MANDATED SEAT ON THE CACs FOR THIS
FIRE DISTRICT CREATE A SERIES OF SIMILAR REQUESTS FROM NUMEROUS
OTHER ENTITIES ACROSS THE STATE?
IS THE EXISTING ALLOCATION OF APPOINTMENTS ADEQUATE TO PROVIDE
FAIR REPRESENTATION TO FIRE DISTRICTS AND OTHER INTERESTED
ENTITIES ON THESE CACs?
WOULD THE PROPOSED CHANGE MAKE THAT ALLOCATION OF REPRESENTATION
MORE EQUITABLE AND MANAGEABLE?
5. Codifying Legislative Findings
This bill would codify the following legislative findings:
The Legislature finds and declares that due to the
local conditions resulting in the Chino Valley
Independent Fire District having within its area of
service two state institutions under the
jurisdiction of the Department of Corrections and
Rehabilitation, the California Institute for Men
and the California Institute for Women, special
legislation is needed to address the need for the
citizens' advisory committees responsible for those
institutions to have an additional member
representing the Chino Valley Independent Fire
District.
SHOULD THIS LANGUAGE BE CODIFIED?
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