BILL NUMBER: SB 441 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Ducheny
FEBRUARY 26, 2009
An act relating to corrections. An act to
amend Sections 6024 and 6027 of, and to add Sections 6027.1 and
6027.2 to, the Penal Code, relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 441, as amended, Ducheny. Corrections: Department of
Community Corrections. Corrections Standards
Authority.
Existing law provides that there is established within the
Department of Corrections and Rehabilitation the Corrections
Standards Authority.
This bill would provide that, commencing July 1, 2010, the
Corrections Standards Authority shall no longer be within the
Department of Corrections and Rehabilitation.
Existing law provides that it is the duty of the Corrections
Standards Authority to make a study of the entire subject of crime,
as specified, and to report its findings, conclusions, and
recommendations to the Governor and the Legislature at such times as
they may require.
This bill would make certain revisions in regards to what that
study is to include.
This bill would also provide that it shall be the duty of the
Corrections Standards Authority to study methods to improve
coordination and effectiveness between state parole and local law
enforcement, and to report its findings, conclusions, and
recommendations to the Governor and the Legislature on or before July
1, 2010.
This bill would require the Corrections Standards Authority, in
consultation with the Legislative Analyst's Office, contingent upon
funding, to conduct an evaluation and report regarding the effect of
concurrent parole and probation sentences on state and local
governments and the levels of coordination between the state and
counties in these cases and to include recommendations on how to
effectively reduce the numbers of individuals sentenced to concurrent
parole and probation and the effect on state and local public safety
resources.
Existing law generally regulates the supervision of parolees and
probationers.
This bill would express the intent of the Legislature to enact
legislation that would create the Department of Community Corrections
and that would transfer parole and probation programs and services
to that department.
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. Section 6024 of the Penal
Code is amended to read:
6024. Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished. Commencing
July 1, 2010, the Corrections Standards Authority shall no longer be
within the Department of Corrections and Rehabilitation.
SEC. 2. Section 6027 of the Penal Code
is amended to read:
6027. It shall be the duty of the Board of Corrections
Corrections Standards Authority to make a study
of the entire subject of crime, with particular reference to
conditions in the State of California, including causes of crime,
possible methods of prevention of crime, methods of
best practices in the field of crime prevention,
detection of crime and apprehension of criminals, methods of
prosecution of persons accused of crime, and the entire subject of
penology, including standards and training for correctional
personnel, and to report its findings, its
conclusions , and recommendations to the Governor and the
Legislature at such times as they may require.
SEC. 3. Section 6027.1 is added to the
Penal Code , to read:
6027.1. It shall be the duty of the Corrections Standards
Authority to study methods to improve coordination and effectiveness
between state parole and local law enforcement, and to report its
findings, conclusions, and recommendations to the Governor and the
Legislature on or before July 1, 2010.
SEC. 4. Section 6027.2 is added to the
Penal Code , to read:
6027.2. The Corrections Standards Authority shall, in
consultation with the Legislative Analyst's Office, contingent upon
funding, conduct an evaluation and report regarding the effect of
concurrent parole and probation sentences on state and local
governments and the levels of coordination between the state and
counties in these cases. This report shall include recommendations on
how to effectively reduce the numbers of individuals sentenced to
concurrent parole and probation and the effect on state and local
public safety resources.
SECTION 1. It is the intent of the Legislature
to enact legislation that would do all of the following:
(a) Enact an act that shall be known and may be cited as the
California Community Corrections Act of 2009.
(b) Establish the Department of Community Corrections.
(c) Transfer all adult parole services, without regard to whether
the parole program has been formally created by statute, currently
operated by the Department of Corrections and Rehabilitation to the
Department of Community Corrections.
(d) Transfer all county probation services to the Department of
Community Corrections.
(e) Authorize the Governor to make final decisions regarding the
placement of specific programs and offices that are not formally
created by statute or specified in this measure in a way that is
consistent with the intent of the Legislature in establishing the
Department of Community Corrections, and the spirit of this measure.
(f) Create stronger, more focused leadership, increased public
safety, and reduced recidivism by prioritizing parolee and
probationer integration through the provision of targeted risk
reduction strategies and appropriate coordination of case management,
educational and vocational training, job placement, community-based
treatment, and rehabilitation services.
(g) Create a department that has sufficient focus and
collaboration on public safety and parolee and probationer
rehabilitation to create a more effective and efficient public safety
infrastructure, thereby resulting in decreased crime rates,
incarceration rates, and recidivism.