BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1434
                                                                  Page  1

          Date of Hearing:   May 20, 209

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 1434 (Torrico) - As Amended:  May 5, 2009 

          Policy Committee:                              Public  
          SafetyVote:  5-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill creates the Corrections and Rehabilitation Board  
          (CRB), consisting of the governor, the state controller and the  
          attorney general (A.G.) and shifts, from the governor to the  
          CRB, the authority to appoint the Secretary of the Department of  
          Corrections and Rehabilitation (CDCR) and 21 specified CDCR  
          leadership positions that report to the CDCR secretary. These  
          positions would still require Senate confirmation.

           FISCAL EFFECT
           
          Moderate annual GF costs, likely in excess of $150,000, for the  
          A.G. and the controller to devote sufficient time to  
          understanding the intricacies of the state prison system in  
          order to make sound decisions in recruiting, vetting and  
          directing the top 22 officials in the state correctional system,  
          as well as in "prescribing other duties" for these officials,  
          pursuant to the bill. Presumably the controller and the A.G.  
          would dedicate staff for this purpose, which is a considerable  
          undertaking. 
           
          COMMENTS 
           
           1)Rationale.  The author references the many and ongoing travails  
            of CDCR and concludes that the governor's appointment  
            authority is a large part of the problem. 

            According to the author, "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 track and have a leader that is willing  








                                                                  AB 1434
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            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)CDCR's Reorganization  . The administration and the Legislature  
            spent much of 2005 reorganizing CDCR's administrative  
            structure. The problems facing the system - federal  
            receivership, overcrowding, court orders, budget overruns, and  
            an inability to implement authorized construction programs  
            have not eased.

           3)Will this bill help?  It is not clear how providing the  
            attorney general and the state controller a voice in selecting  
            the administration's administrators will address the myriad  
            problems facing CDCR.   Analysis Prepared by  :    Geoff Long /  
            APPR. / (916) 319-2081