BILL ANALYSIS
AB 1434
Page 1
Date of Hearing: April 28, 2009
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1434 (Torrico) - As Amended: April 13, 2009
SUMMARY : Creates the Corrections and Rehabilitation Board
(CCB), consisting of the Governor, Lieutenant Governor and the
Attorney General and require the CCB to appoint the Secretary of
the Department of Corrections and Rehabilitation (CDCR) and
other related corrections positions appointed by the Governor
under existing law. Specifically, this bill :
1)Requires the Secretary of CDCR be appointed by the CCB and
confirmed by two-thirds of the Senate.
2)States that the Secretary shall perform other duties described
by the CCB.
EXISTING LAW :
1)Creates in state government the 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. CDCR shall consist of Adult Operations, Adult
Programs, Juvenile Justice, the Corrections Standards
Authority, the Board of Parole Hearings, the State Commission
on Juvenile Justice, the Prison Industry Authority, and the
Prison Industry Board. [Government Code Section 12838(a).]
2)Authorizes the Governor, upon recommendation of the secretary,
to appoint two undersecretaries of the CDCR, subject to Senate
confirmation. The undersecretaries shall hold office at the
pleasure of the Governor. One undersecretary shall oversee
program support and the other undersecretary shall oversee
program operations for the CDCR. [Government Code Section
12838(b).]
3)Requires the Governor, upon recommendation of the secretary,
to appoint three chief deputy secretaries, subject to Senate
confirmation, who shall hold office at the pleasure of the
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Governor. One chief deputy secretary shall oversee adult
operations, one chief deputy secretary shall oversee adult
programs, and one chief deputy secretary shall oversee
juvenile justice for the CDCR. [Government Code Section
12838(c).]
4)Requires the Governor, upon recommendation of the secretary,
to appoint an assistant secretary, subject to Senate
confirmation, who shall be responsible for health care policy
for the CDCR, and shall serve at the pleasure of the Governor.
[Government Code Section 12838(d).]
5)Requires the Governor, upon recommendation of the secretary,
to appoint an Assistant Secretary for Victim and Survivor
Rights and Services, and an Assistant Secretary for
Correctional Safety, who shall serve at the pleasure of the
Governor. [Government Code Section 12838(e).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The California
correctional system is - and has been - in a state of crisis.
CDCR has proven unsuccessful in the efforts to reform the
prison system. For the past four years, the prison has been
under federal receivership for its inability to provide proper
health care for its inmates. Despite the federal involvement
and the State's acknowledgement of the problem, the
overcrowding and safety issues remain. Still, the Governor
continues to fight the federal courts over management of the
state's deeply troubled prison system and the dysfunctional
health care operation within the prisons. However, while he
fights, he has done little to actually fix the problem. Under
his leadership, CDCR has proven incapable of running the
health care system on its own and has essentially been
oblivious to outside guidance and incapable of inside reform.
"The mission statement of the CDCR is 'we enhance public safety
through safe and secure incarceration of offenders, effective
parole supervision, and rehabilitative strategies to
successfully reintegrate offenders into our communities.'
With a 70% recidivism rate and the dire overcrowding
conditions in our prisons, the department has failed to meet
this mission. It is clear that the CDCR needs to get back on
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track and have a leader that is willing to do it. The
Governor has already proven that he is not that leader.
Currently, the Governor has the sole appointment authority for
CDCR. As the prison system continues to lack the
improvements it so desperately needs, it is clear that the
Governor's leadership alone is not enough to help shape a CDCR
that should be leading the way in making these improvements."
2)Background on Correctional Reorganization and the GRP1 of
2005 : In 2005, the Governor's Office reorganized and
re-arranged the way in which CDCR operated in the State of
California. According to the Governor in a letter to the
Little Hoover Commission on January 6, 2005, "These two
proposals are the first in a series that will shape the future
of California and create the first 21st century government in
the United States. The current framework of state government
is antiquated and unsustainable. Reform of California State
Government - its practices, processes and organization - is a
daunting but long overdue task. It is my sworn duty as
Governor to champion the necessary reforms so that California
can reclaim its position as the most innovative, well managed,
progressive, and economically vibrant state in the union.
"Reform began in February 2004 with the creation of the
California Performance Review (CPR) to develop recommendations
increasing the performance and functionality of state
government. The Little Hoover Commission report from December
10, 2004, Historic Opportunities: Transforming California
State Government states, 'the California CPR is the closest
California has come in a century to reorganizing the need for
change and breadth of change that is necessary. The CPR
report published in August 2004, containing over 1,200
recommendations and dramatic reforms to improve state
government, was overwhelmingly embraced by Californians, who
rightfully demand a government more responsive and accountable
to the people it serves.
"Government reorganization is a critical first step in realizing
the full potential of the CPR report recommendations. But
reorganization will not in itself accomplish an improvement in
performance. Only by improving individual state functions and
aligning them strategically can necessary gains in
productivity and accountability be achieved to meet today's
demands. Accomplishing this great task will require strong
leadership, unwavering vigilance, and clarity of purpose, to
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which I am committed."
The Little Hoover Commission held hearings on GRP 1 in December
2004 and subsequently issued a formal review. In general, the
Little Hoover Commission found that "the plan, if effectively
and swiftly implemented, would enable the CDCR to
significantly improve the performance of correctional programs
and enhance public safety." The Little Hoover Commission
recommended that GRP 1 go into effect and the Legislature
should continue to resolve issues within the CDCR not
addressed in GRP 1. Many comments and arguments made before
the Little Hoover Commission are outlined in relevant sections
below.
a) Strengths of GRP 1 as Stated by the Little Hoover
Commission : The strengths of GRP 1, as stated by the
Little Hoover Commission, are that GRP 1:
i) Embraces evidence-based practices;
ii) Is accompanied by a strategic plan that lays out a
timeline for compliance;
iii) Clarifies and expands the chain of command;
iv) Increases accountability by "flattening" the
organization and empowering the Secretary;
v) Increases consistency and uniformity by reducing
duplication and consolidating parole decisions for
adults, juveniles and civil addicts;
vi) Improves internal accountability by creating the
Office of Internal Affairs;
vii) Reduces duplication and waste;
viii) Elevates rehabilitation by signaling an important,
renewed focus on preparing the offender for a return to
the community;
ix) Elevates victim services by creating within the
Secretary's office the Victim and Survivor Services
office; and,
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x) Adds new, critical functions like the Office of
Risk Management.
b) Concerns Raised by Critics : Serious concerns about GRP
1 were raised during the Little Hoover Commission hearings.
Those concerns included:
i) Combining the California Department of the Youth
Authority and the new CDCR. Witnesses within the
juvenile justice reform community expressed fear
regarding the proposed integration of the California
Department of the Youth Authority and the adult prison
system. The integration moves the juvenile justice
system further away from a comprehensive strategy and
reduces oversight over the juvenile facilities;
ii) Civilian review under the Civilian Corrections
Commission. The Secretary of the California Department
of the Youth Authority testified that a civilian
commission is unnecessary; that responsibility should
rest with the Secretary. This provision has been
deleted from GRP 1 as it now exists;
iii) A bifurcated custody and program function making
accountability for offender outcomes more difficult;
iv) A lack of authority for health care managers in
the youth and adult correctional divisions as health
care is placed too low on the organizational chart.
Critics also raise concerns that there is no
recognition between the differing health services needs
of adults and juveniles;
v) The absence of a chief financial officer to
guide and oversee fiscal policies;
vi) The lack of focus on the re-entry of offenders
back into the community. There is also no mention
shifting parole of non-violent offenders to the
communities;
vii) The absence of programs for women offenders; and,
viii) The cost of the reform. It is estimated that GRP
1 would require substantial, yet unquantified amounts
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of money for technology and educational, vocational and
treatment programs. The Governor's proposed budget
still includes a $95 million unallocated reduction in
CDCR. CDCR has stated that those reductions would
likely mean a 28% reduction in programming.
c) Additional Areas of Improvement: The Little Hoover
Commission stated several areas left unresolved by GRP 1,
but should be addressed by the Legislature after GRP 1 is
passed. Those areas included:
i) Developing a comprehensive statewide juvenile
justice system that provides an evidence based continuum
of services;
ii) Establishing an independent, expert oversight
committee to ensure that the GRP 1 is being effectively
implemented;
iii) Encouraging the Secretary to assess the
effectiveness of all correctional strategies and
allocate funds accordingly;
iv) Accelerating the development of an effective
technology system;
v) Clustering related management and support
functions within the Office of the Secretary to decrease
the overall workload; and,
vi) Creating a Director of Women's Programs to address
the needs of women offenders.
3)Prior Legislation :
a) SB 737 (Romero), Chapter 10, Statutes of 2005 amended
GPR 1 to respond to concerns regarding such things as
juvenile justice, warden appointment and agency management.
b) GRP 1 (Governor Schwarzenegger) abolished the California
Department of Corrections, the Department of Youth
Authority, the Board of Prison Terms, the Board of
Corrections, the Youth Authority Board and the Narcotics
Addict Evaluation Authority and, instead, creates CDCR,
which would consist of the Division of Adult Operations,
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the Division of Youth Operations, the Corrections Standards
Authority, and the Board of Parole Hearings. GRP1 became
operative as a matter of law on May 5, 2005.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744