BILL NUMBER: SB 1066	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        FEBRUARY 17, 2010

   An act to amend Section 6126 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1066, as introduced, Oropeza. Corrections: Inspector General.
   Existing law establishes the office of the Inspector General, and
charges the Inspector General with various duties and
responsibilities.
   This bill would require the Inspector General to oversee and
conduct periodic and random searches for cell phones of all employees
entering all of the state prisons under the jurisdiction of the
Department of Corrections and Rehabilitation and to report to the
Legislature quarterly regarding those searches, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6126 of the Penal Code is amended to read:
   6126.  (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process, and
conduct investigations of the Department of Corrections and
Rehabilitation, as requested by either the Secretary of the
Department of Corrections and Rehabilitation or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
   (2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit of a warden shall include, but not be limited to, issues
relating to personnel, training, investigations, and financial
matters. Each four-year audit shall include an assessment of the
maintenance of the facility managed by the warden. The audit report
shall include all significant findings of the Inspector General's
assessment of facility maintenance. These audit reports shall be
provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009. 
   (3) (A) The Inspector General shall oversee and conduct periodic
and random searches for cell phones of all employees entering all of
the state prisons under the jurisdiction of the Department of
Corrections and Rehabilitation.  
   (B) The Inspector General shall, in consultation with the
Department of Corrections and Rehabilitation, provide a written
report to the Legislature quarterly, detailing the following: 

   (i) The names of the prisons where the searches took place. 

   (ii) The dates of the searches.  
   (iii) The shifts during which the searches took place.  
   (iv) The number of employees searched.  
   (v) The number of employees scheduled to work on those shifts.
 
   (vi) The number of cell phones discovered.  
   (vii) Any other contraband that was discovered.  
   The report shall also contain a general comment section for use by
the Inspector General and the Department of Corrections and
Rehabilitation to discuss the issues they find relevant to the
searches. 
   (b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
   (c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
   (d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
   (e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.