BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 430|
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THIRD READING
Bill No: AB 430
Author: Hagman (R), et al
Amended: 5/27/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/9/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/14/09 - See last page for vote
SUBJECT : Corrections: citizens advisory committees:
Chino Valley
Independent Fire District
SOURCE : Chino Valley Independent Fire District
DIGEST : This bill adds an additional member representing
the Chino Valley Independent Fire 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.
ANALYSIS : Existing law requires that each state prison
under the jurisdiction of the Department of Corrections and
Rehabilitation have a citizens' advisory committee, except
that one committee may serve every prison located in the
same city or community. Existing law specifies the
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membership of the committee.
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 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 of the Penal
Code, 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.
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 and 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.
Citizens' Advisory Committees . Citizens' advisory
committees were created by statute in 1984. The statute
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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:
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."
(Section 5056 (a) of the Penal Code)
Section 5056 of the Penal Code does not state what the
purposes and duties of the committee are, however,
according to the Department of Corrections and
Rehabilitation (CDCR):
Each 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 and share information related
to their respective institution. In addition, wardens
utilize citizens' advisory committees 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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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/19/09)
Chino Valley Independent Fire District (source)
California Professional Firefighters
ARGUMENTS IN SUPPORT : 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 [citizens' advisory committees], 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 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."
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
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Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuller, Furutani, Galgiani, Garrick, Gilmore, Hagman,
Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Ammiano, Fuentes, Gaines, Saldana, Smyth
RJG:mw 6/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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