BILL NUMBER: AB 2438	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 19, 2010

   An act  to amend Section 5000 of the Penal Code, relating
to corrections   relating to state lands  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2438, as amended, Hagman.  State correctional system.
  State lands: lease.  
   Existing law authorizes the Director of General Services to
execute specified agreements relating to real property belonging to
the state on behalf of the state.  
   This bill would authorize the director to lease real property
adjacent to the California Institution for Men at Chino to a private
or public entity under terms he or she deems are in the best interest
of the state, and would require, notwithstanding other law, 50% of
any moneys paid to the state as a result of a lease to be deposited
in the General Fund and 50% be allocated to the Department of
Corrections and Rehabilitation in the annual Budget Act. 

   Existing law establishes the Department of Corrections and
Rehabilitation and specifies that the primary objective of adult
incarceration is public safety.  
   This bill would make nonsubstantive changes to those provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Director of General Services is
authorized to lease real property adjacent to the California
Institution for Men at Chino to a private or public entity under
terms he or she deems are in the best interest of the state. 

   (b) Notwithstanding any other law, including subdivision (g) of
Section 11011 of the Government Code, 50 percent of any moneys paid
to the state as a result of a lease authorized under subdivision (a)
shall be deposited in the General Fund, and 50 percent shall be
allocated to the Department of Corrections and Rehabilitation in the
annual Budget Act.  
  SECTION 1.    Section 5000 of the Penal Code is
amended to read:
   5000.  Commencing July 1, 2005, any reference to the Department of
Corrections in this or any other code refers to the Department of
Corrections and Rehabilitation, Division of Adult Operations.
   The act enacted by Senate Bill 737 of the 2005-06 Regular Session
shall not be construed to alter the primary objective of adult
incarceration under the reorganized Department of Corrections and
Rehabilitation, which remains public safety, as articulated in the
legislative findings and declarations set forth in Section 1170.