BILL ANALYSIS
SB 441
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Date of Hearing: June 30, 2009
Counsel: Kathleen Ragan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Juan Arambula, Chair
SB 441 (Ducheny) - As Amended: June 25, 2009
SUMMARY : Beginning July 1, 2010, establishes the Board of
Community Corrections (BCC) to replace the Board of Corrections
and the Corrections Standards Authority (CSA). Specifically,
this bill :
1)States that as of July 1, 2010, any references to the "Board
of Corrections" or the "Corrections Standards Authority" refer
to the "Board of Community Corrections".
2)States that the BCC shall be an entity independent of the
California Department of Corrections and Rehabilitation
(CDCR).
3)Specifies that as of July 1, 2010 CSA is abolished.
4)Establishes the revised composition of the BCC:
a) Changes the BCC's membership from 19 to 17 members.
b) Deletes the requirement that the Secretary of CDCR be
designated as the Chairperson.
c) States that the Governor shall appoint a chair, subject
to Senate confirmation, with experience in a variety of
criminal justice policies and systems in California,
including, but not limited to, parole, probation, community
reentry, juvenile justice, and local law enforcement.
d) States that one of the BCC members shall be a
subordinate officer of the CDCR Secretary or Director
overseeing the areas of parole or juvenile justice.
e) States that the Judicial Council shall appoint one
superior court judge as a member.
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f) Provides that the remaining 13 members shall be
appointed by the Governor, after consultation with, and
with the advice of, the secretary and the chair, and with
the advice and consent of the Senate.
g) Specifies that the gubernatorial appointments shall
include all of the following:
i) A county sheriff in charge of a local detention
facility which has a CSA-rated capacity of 200 or fewer
inmates;
ii) A county sheriff in charge of a local detention
facility which has a CSA rated capacity of over 200
inmates;
iii) A county supervisor or county administrative officer;
iv) A chief probation officer from a county with a
population over 200,000;
v) A chief probation officer from a county with a
population under 200,000;
vi) A manager or administrator of a county local
detention facility;
vii) An administrator of a local community-based
correctional program;
viii) A public member who shall represent the interests of
crime victims;
ix) Four rank-and-file representatives: one juvenile
probation officer who is a first-line supervisor or lower
rank, with a minimum of five years of experience as a
juvenile probation officer; one deputy sheriff who is a
sergeant or lower rank, with a minimum of five years of
experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a
minimum of five years experience working in an adult
correctional facility; and,
x) A representative of a community-based youth service
organization.
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5)Changes that the terms of the members appointed by the
Governor, which shall expire as follows:
a) Seven shall expire on July 1, 2012; and,
b) Six shall expire on July 1, 2013.
6)Specifies that the term for the member appointed by the
Judicial Council shall expire on
July 1, 2013.
7)States that the BCC shall select a vice chairperson from among
its members and that 10 members of the BCC shall constitute a
quorum.
8)Provides that if any appointed member is not in attendance for
three consecutive meetings, the BCC may recommend to the
Governor that the member be removed and the Governor may make
a new appointment, with the advice and consent of the Senate,
for the remainder of the term.
9)Specifies the duties of the BCC, including:
a) Development of a comprehensive statewide plan for the
improvement of criminal justice and delinquency prevention
activity throughout California;
b) Define, develop and correlate programs and projects for
the state criminal justice agencies;
c) Receive and disburse federal funds, as specified;
d) Develop comprehensive and orderly procedures to insure
that all local plans and all state and local projects are
in accord with the comprehensive state plan, and that all
applications for grants are processed efficiently;
e) Cooperate with, and render technical assistance to, the
Legislature, state agencies, units of local government and
public or private agencies in matters relating to criminal
justice and delinquency prevention; and,
f) Conduct evaluation studies of the programs and
activities assisted by federal acts.
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10)Allows the agencies designated by the Director of Department
of Finance (DOF) to publish and disseminate statistics on the
condition of criminal justice in the state and to perform
other functions as required by federal acts or guidelines in
acting as the administrative office of the state planning
agency for distribution of federal grants.
11)Moves the State Graffiti Clearinghouse to the BCC from the
DOF Director. Continues the duties of the Graffiti
Clearinghouse subject to Federal funding. States that the
State graffiti clearinghouse shall assess and estimate the
present costs to the state and local agencies for graffiti
abatement; award grants to state and local agencies that have
demonstrated implementation of effective graffiti reduction
and abatement programs; and, receive and disburse funds to
effectuate the purposes of the clearinghouse.
12)Creates within CDCR a Commission on Correctional Peace
Officer Standards and Training, (CPOST). States that
correctional peace officers are peace officers as defined in
Penal Code Section 830.5 and employed by the CDCR.
13)Makes legislative findings and declarations about sound
screening criteria and a significant training curriculum for
correctional peace officers.
14)Establishes CPOST with an executive board composed of seven
members, and one alternate member additionally appointed for
each regular member. Specifies that three members of the
executive board shall be appointed by, and represent, the
management of the CDCR; three members shall be appointed by,
and represent, the membership of the California Correctional
Peace Officer's Association (CCPOA). The seventh member shall
have at least five years experience in a higher education
environment and shall be appointed through a complicated
process of nomination by the representatives of management and
the union, with each group alternatively striking one name
from a combined list of ten nominees. Provides that the last
name remaining shall be the seventh member of the executive
board.
15)Substitutes CPOST for references to the "Corrections
Standards Authority" in Penal Code Section 13601 et seq.,
dealing with training of correctional peace officers.
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EXISTING LAW :
1)Creates in state government the CDCR, headed by a Secretary
appointed by the Governor, subject to Senate confirmation, who
serves at the pleasure of the Governor. States that CDCR
consists 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)Abolishes the CPOST and replaces it with the CSA. [Penal Code
Section 13600(a).]
3)Imposes on the CSA the duty "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 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 corrections personnel,
and to report its finds, its conclusions and recommendations
to the Governor and the Legislature at such times as they may
require." (Penal Code Section 6027.)
4)Assigns specified duties to the CSA, including, but not
limited to (Penal Code Section 13601):
a) Develop, approve, and monitor standards for the
selection and training of state correctional peace officer
apprentices [Penal Code Section 13601(a)];
b) Approve standards for a course in the carrying and use
of firearms for correctional peace officers [Penal Code
Section 13601(b)];
c) Approve and monitor standards for advanced rank-and-file
and supervisory state correctional peace officer and
training programs for the CDCR [Penal Code Section
13601(d)];
d) Develop, approve and monitor standards for the training
of state correctional peace officers in the handling of
stress associated with their duties [Penal Code Section
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13601(e)];
e) Annually submit an estimate of costs to conduct those
inquiries and audits as may be necessary to determine
whether the CDCR and each of its institutions and parole
regions are adhering to the standards developed by the
authority, and shall conduct those inquiries and audits
consistent with the annual budget act [Penal Code Section
13601(i)]; and,
f) Establish and implement procedures for reviewing and
issuing decisions concerning complaints or recommendations
from interested parties regarding authority rules,
regulations, standards, or decisions. [Penal Code Section
13601(j).]
5)Requires each new cadet who attends an academy to complete the
course of training pursuant to the standards approved by the
CSA. [Penal Code Section 13602(b).]
6)States that CDCR shall make every effort to provide training
prior to commencement of supervisorial duties. [Penal Code
Section 13602(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author: "The CSA,
formerly known as the California Board of Corrections (BOC),
has long assisted policy makers with thorough research related
to crime prevention, among other things, since its inception
in 1944 and was once considered one of the most effective
state boards.
"In 2005, with the passage of SB 737 (Romero), Chapter 10,
Statutes of 2005, the BOC was eliminated, along with the
CPOST, and their functions were consolidated as the CSA under
CDCR. This effort was put forth as a companion bill to the
Governor's Reorganization Plan (GRP) 1, and reflected issues
and recommendations brought forward by the Little Hoover
Commission, the Legislative Analyst's Office, and Senate
Budget Subcommittee #5 on Public Safety, Labor and Veterans
Affairs. Despite input on the reorganization from all of
these entities, larger issues seemed to dominate the
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reorganization discussion at the time, and little attention
appears to have been dedicated to the decision to move the
well-respected BOC under CDCR.
"This bill would reorganize the current CSA to provide a much
needed independent state entity to enhance coordination
between state and local law enforcement crime prevention
efforts, and to create a stronger partnership between parole
and probation.
"In response to Senate Public Safety Committee's comments, the
author wishes to amend
SB 441 to better align with the historic mission of CSA.
Amendments will change the name of the CSA to the 'Board of
Community Corrections', and make conforming structural changes
to the composition of the Board. Local stakeholders were
better represented under the old BOC. This bill would again
increase their participation and provide for a better
state-local balance. In addition, CPOST would be
reconstituted and its functions would remain under CDCR."
2)Suggestions Contained in the Senate Public Safety Committee
Analysis : The Senate Public Safety Committee analyzed this
bill for its April 28, 2009 hearing and contained the
following language: "Historically, CSA/BOC has been a lead
agency for the state in partnering with local law enforcement.
The Legislature has recognized this relationship by enlisting
BOC/CSA in implementing a number of innovative strategies for
promoting community-based public safety strategies, such as
the Juvenile Justice Crime Prevention Act of 2000 (AB 1913.)
"Given the historic and ongoing mission of CSA, the author
and/or members of the Committee may wish to discuss revisiting
the composition of CSA, to ensure it reflects a model of
state-local balance and representation which enhances the
opportunity for cooperation, collaboration and coordination
between the state and local efforts to improve public safety.
As noted above, 20% of the old BOC's membership was state, and
80% local. Under the new CSA, the state's representation has
nearly doubled. In addition, the author and/or members of the
Committee may wish to revisit the consolidation of CPOST into
CSA, and whether restoring the focus of CSA to local public
safety issues might be a better model for CSA."
From this comment at the end of the Senate Public Safety
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analysis, the author stated, "In response to Senate Public
Safety Committee's analysis, the author wishes to amend SB 441
to better align with the historic mission of CSA. Amendments
will change the name of the CSA to the 'Board of Community
Corrections', and make conforming structural changes to the
composition of the Board. Local stakeholders were better
represented under the old Board of Corrections. This bill
would again increase their participation and provide for a
better state-local balance. In addition, CPOST would be
reconstituted and its functions would remain under CDCR."
Although the Senate Public Safety Committee's analysis
recommended "revisiting the composition of CSA," this bill
renames CSA the "Board of Community Corrections". The BCC has
expanded responsibilities, such as the proposed movement of
the graffiti clearinghouse from the agency designated by the
DOF Director to the BCC. This bill also reconstitutes CPOST
and places CPOST under CDCR.
3)CPOST : This bill as amended reconstitutes CPOST, which was
abolished in 2005 following a recommendation from the
Corrections Independent Review Panel, and as part of the
reorganization of CDCR.
AB 890 (Aghazarian), of the 2007-08 Legislative Session,
proposed the abolition of the CSA and the reinstatement of
CPOST, which would have been responsible for developing,
approving, and monitoring standards for the selection and
training of state correctional peace officers, subject to the
approval of the State Personnel Board (SPB). After passing
the Assembly Public Safety Committee, AB 890 was held on the
Appropriations Committee's Suspense File.
The Senate Appropriations analysis on AB 890 stated CPOST was in
place from 1995 until 2005 "when its functions were
transferred to CSA following both a recommendation by the
Corrections Independent Review Panel and CDCR's
reorganization." In the same year, the Assembly
Appropriations Committee stated, "In 2005, the Office of the
Inspector General (OIG) stated that since its inception, CPOST
has made only minimal progress in developing correctional
peace officer training standards. The review found that the
commission developed training standards for only 7 of the 27
correctional peace officer classifications for which it is
responsible and that it had yet to approve any of the
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standards that have been developed. The review also found
that the apprenticeship program lacks key components essential
to an apprenticeship program, and is threatened with
decertification for non-compliance with state and federal
standards."
This bill proposes to re-establish CPOST with an executive board
composed of seven members, and one alternate member
additionally appointed for each regular member. Three members
of the executive board shall be appointed by, and represent,
the management of the department; three members shall be
appointed by, and represent, CCPOA membership. The seventh
member shall have at least five-years' experience in a higher
education environment and shall be appointed through a
complicated process of nomination by the representatives of
management and the union, with each group alternatively
striking one name from a combined list of 10 nominees. The
last name remaining shall be the seventh member of the
executive board.
According to the author, "The reasons for reestablishing CPOST
are twofold:
a) "With the creation of an independent BCC, it is
appropriate that state correctional officers' selection and
training standards will remain under CDCR as it directly
impacts CDCR personnel and administration.
b) "When the decision to abolish CPOST (during the 2005
CDCR reorganization was made, the Standards and Training
for Corrections Program was created in its place. However,
the OIG primarily noted the change in the oversight for the
entity (from the old CPOST composition of 3 managers, 3
rank and file [persons appointed] to the CSA Board, which
has an odd number of participants and is Chaired by the
Secretary for Corrections and Rehabilitation) as one of its
primary accomplishments in complying with the OIG
recommendations. The reconstitution of CPOST will
reinstate the involvement of management and rank and file
members, allowing for greater implementation of training
and selection standards. The proposed amendments, closely
mirroring that of AB 890 (Aghazarian, 2007) do take into
consideration recommendations put forth by the OIG to add a
seventh member to the Commission, to avoid the inevitable
deadlocks the prior 3/3 member configuration produced.
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Furthermore, as noted [above] these functions should remain
within CDCR's purview."
Is there a reasonable basis for re-establishing CPOST only
four years after it was abolished due to extensive OIG
criticism? Has consideration been accorded to the
disruption and expense that accompany reorganizations, and
has a determination been made that these factors are
outweighed by problems in the former agency? Does the
proposed method of selecting members for the CPOST
executive board, particularly the seventh member, likely to
produce the best possible result? Does selecting the
seventh member through a process of elimination result in a
person with lesser qualifications being selected or, in the
alternative, the person least objectionable to both sides?
Should this process in fact result in the best-qualified
persons being selected for the CPOST Board if, in fact,
CPOST is reinstated?
4)AB 890 (Aghazarian) : Although AB 890 passed this Committee,
AB 890 was held on the Assembly Appropriations Committee's
Suspense File. According to the Assembly Appropriations
Committee analysis of AB 890, "The OIG criticisms and
recommendations are not resolved simply by switching
responsibilities back to CPOST. Among the recommendations
offered by the OIG: Provide the resources necessary to
develop and monitor training standards; resolve the voting
stalemate by revising the 'perpetual stalemate'; and recruit
and appoint and independent executive director to provide
leadership. CPOST v. CSA may ultimately be decided in
contract negotiations with CCPOA. Nevertheless, the
Legislature may wish to address the OIG recommendations
referenced above."
5)Resolution of the 2005 and 2006 OIG Recommendations : This
bill resolves, at least numerically, the "perpetual
stalemate." Does it address the other recommendations of the
OIG referenced by the 2007 Assembly Appropriations Committee
analysis?
The Appropriations Committee's analysis also noted that the OIG
reports were broadly critical of CPOST and CSA, stating "in
2005, the OIG stated that since its inception CPOST has made
only minimal progress in developing correctional peace officer
training standards. The review found that the commission
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developed training standards for only 7 of the 27 correctional
peace officer classifications for which it was responsible and
at that time, it had yet to approve any of the standards that
had been developed. The OIG also found that CPOST's Board had
not met for nearly a year, and had inadequately monitored
compliance with the few general curriculum standards that
already existed.
"Finally, the OIG stated that CPOST's independence 'had been
undermined by the influence of both the Youth and Adult
Correctional Agency and the CCPOA.' " [2007 Assembly
Appropriations Committee Analysis of AB 890.]
Although this bill's reconstitution of CPOST resolves the
numeric stalemate by making the executive board consist of
seven members, does it resolve the potential continuation of
the undermining by the influence of management and the union,
each of whom appoint three members to the Board, with the
seventh member appointed by the process discussed above? Is
it likely that the seventh member, being the person least
objectionable to both sides, will be truly independent?
Is the proposed CPOST Executive Board composed of the persons
most qualified to create sound selection criteria for
applicants and a significant training curriculum? The
development of sound selection criteria that meets all legal
requirements is often assigned to human resources trained
personnel, in consultation with an agency's legal department.
Merely being a member of management or the union does not
necessarily make the potential CPOST Board members experts in
the intricate aspects of personnel management, including
selection and training.
Should the development of sound selection criteria for
applicants for correctional peace officer positions be handled
by a human resources or legal professional who is expected to
exercise sound and independent judgment? This bill states
that the rules to be adopted by the CPOST Board shall be in
conformance with the SPB's rules and regulations, the
Department of Personnel Administration (DPA) rules and
regulations, and the provisions of the State Bargaining Unit 6
Memorandum of Understanding. However, the question remains as
to whether the proposed Board's membership is likely to have
more than a general understanding of either SPB's or DPA's
regulations.
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Is the CPOST Board's composition sufficient to develop selection
criteria, training curricula, and rules that comport with the
SPB's regulations? Does merely being a member of management
or a member of the CCPOA qualify a prospective Board member to
competently handle these duties?
6)Arguments in Support :
a) According to the Chief Probation Officers of California
(CPOC), "In past years, CPOC has been supportive of
establishing the CSA as a separate entity as they represent
a number of public safety interests at both the state and
local level. They are comprised of chief probation
officers, county sheriffs, and directors of corrections, as
well as other state and local officials and community-based
service providers. We appreciate CSA's continued
commitment to the delivery of effective state and local
corrections programs and we believe they are the
appropriate entity to coordinate efforts."
b) According to the California State Sheriffs' Association ,
"We support the establishment of the CSA as a state entity
independent of CDCR as it represents a collection of public
safety interests. Further, the Board has the working
knowledge at both the state and local level to review and
make recommendations on how our collective efforts can
better serve probationers and parolees in California."
c) According to the California Probation, Parole, and
Correctional Association , "As proposed to be amended, this
bill would establish the Board of Community Corrections
(currently the Corrections Standards Authority) as a
standalone state entity commencing July 1, 2010. As with
CSA, this Board is comprised of state and local members
representing an array of public safety interests in the law
enforcement and corrections communities. These members
have practical first-hand knowledge of the challenges and
opportunities that exist for probation and parole, and we
believe that their operation is best served as a standalone
entity. We appreciate Senator Ducheny's leadership to
remove the Board from the CDCR and establish it as a
standalone agency."
d) According to the Los Angeles County Probation Officers
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Union , "SB 441 removes CSA from CDCR. Since the CSA's
principal function has been to oversee local corrections,
it makes policy sense to make it independent of CDCR.
Historically, CSA (formerly the Board of Corrections) had
the reputation as being one of the most effective boards
and commissions because of its stellar work with local
juvenile justice programs. SB 441 reorganizes the CSA to
provide a much needed independent state entity with a
broader mandate to coordinate state and local law
enforcement on crime prevention, particularly in the
juvenile justice area."
7)Argument in Opposition : According to the California
Department of Finance , "the Department of Finance is opposed
to this bill because it would result in additional General
Fund costs that are not included in the 2009-10 Budget.
"Current law provides that it is the duty of the CSA,
established within the CDCR, to make a study of the entire
subject of crime, with particular reference to conditions in
the State of California, 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 provide that, commencing July 1, 2010, the CSA
would no longer be within the CDCR. This bill would also
require the CSA to complete a study of the 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. To meet this reporting requirement, the
CSA would need to conduct site visits to each of the 58
probation offices in the State as well as parole field
offices, to review relevant data.
"Lastly, this bill would require the CSA, in coordination with
the Legislative Analyst's Office, contingent upon funding, to
conduct an evaluation and report on 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 bill does not provide funding for this
purpose. To meet this reporting requirement, the CSA would
need to research and contact out of state parole and probation
officers to compare California's programs with other
comparable states."
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8)Prior Legislation:
a) AB 890 (Aghazarian) would have created CPOST to develop
and monitor standards for the selection and training of
state correctional peace officer apprentices. AB 890 was
held in the Appropriations Committee's Suspense File.
b) SB 737 (Romero) Chapter 10, Statutes of 2005, created
CDCR to consist of specified divisions, boards, and
authorities.
REGISTERED SUPPORT / OPPOSITION :
Support
California Probation, Parole, and Correctional Association
California State Sheriffs' Association
Chief Probation Officers of California
Los Angeles County Probation Officers Union
Riverside Sheriffs' Association
Opposition
California Department of Finance
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744