BILL NUMBER: SB 680	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2011

   An act to amend Section 6133 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 680, as introduced, Wright. Corrections: Internal Affairs.
   Existing law establishes the Bureau of Independent Review within
the office of the Inspector General to provide public oversight of
specified investigations conducted by the Department of Corrections
and Rehabilitation, and to issue reports to the Governor and the
Legislature that are required to include specified content.
   This bill would provide that the Bureau of Independent Review
shall provide public review, rather than public oversight, of those
same investigations conducted by the Department of Corrections and
Rehabilitation, and would delete specified required elements from the
reporting mandate.
   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 6133 of the Penal Code is amended to read:
   6133.  (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
   (b) The BIR shall be responsible for contemporaneous public
 oversight   review  of the Department of
Corrections and Rehabilitation investigations conducted by the
Department of Corrections and Rehabilitation's Office of Internal
Affairs. The BIR shall also be responsible for advising the public
regarding the adequacy of each investigation, and whether discipline
of the subject of the investigation is warranted. The BIR shall have
discretion to provide public  oversight   review
 of other Department of Corrections and Rehabilitation
personnel investigations as needed.
   (c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its  oversight  
review  of the Department of Corrections and Rehabilitation
allegations of internal misconduct and use of force. The BIR shall
also issue regular reports, no less than semiannually, summarizing
its  oversight   review  of Office of
Internal Affairs investigations pursuant to subdivision (b). The
reports shall include, but not be limited to, the following:
   (A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
   (B) A synopsis of each matter reviewed by the BIR.
   (C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges,  the BIR's
recommendations regarding the disposition in the case  and
when founded, the level of discipline afforded  , and the
degree to which the agency's authorities agreed with the BIR
recommendations regarding disposition and level of discipline
 .
   (D) The report of any settlement  and whether the BIR
concurred with the settlement  .
   (E) The extent to which any discipline was modified after
imposition.
   (2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
   (3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.