BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
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SB 700 (La Malfa)
As Amended January 4, 2012
Hearing date: January 10, 2012
Penal Code
SM:mc
FIRE CAMP ASSIGNMENTS: ARRESTING AGENCY OBJECTIONS
HISTORY
Source: Author
Prior Legislation: None directly on point
Support: Unknown
Opposition:California Correctional Peace Officers Association
KEY ISSUES
SHOULD IT BE REQUIRED THAT, WHENEVER AN INMATE IS UNDER
CONSIDERATION FOR ASSIGNMENT TO A FIRE CAMP, THE SECRETARY OF THE
DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR) NOTIFY THE LOCAL
LAW ENFORCEMENT AGENCY RESPONSIBLE FOR THE ARREST OF THE PRISONER
FOR THE OFFENSE FOR WHICH HE OR SHE IS CURRENTLY SERVING HIS OR HER
SENTENCE AND INFORM THAT AGENCY THAT IT MAY PROVIDE THE SECRETARY
WITH SPECIFIED INFORMATION ABOUT THE PRISONER?
SHOULD THE ARRESTING AGENCY BE AUTHORIZED TO PREVENT THE PLACEMENT
OF ANY PRISONER IN A FIRE CAMP BY OBJECTING TO THE PLACEMENT WITHIN
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10 BUSINESS DAYS?
PURPOSE
The purpose of this bill is to (1) require that, whenever an
inmate is under consideration for assignment to a fire camp, the
secretary of the Department of Corrections and Rehabilitation
(CDCR) notify the local law enforcement agency responsible for
the arrest of the prisoner for the offense for which he or she
is currently serving his or her sentence and inform that agency
that it may provide the secretary with specified information
about the prisoner; and (2) provide that, if the agency objects
to the placement within 10 business days, the inmate shall not
be placed in the camp or conservation center.
Current law provides that inmates and wards may be assigned to
perform public conservation projects, including, but not limited
to, forest fire prevention and control, forest and watershed
management, recreational area development, fish and game
management, soil conservation, and forest watershed
revegetation. (Penal Code � 6202.)
Current law provides that the Sierra Conservation Center shall
be located in the Tuolumne area of California. The North Coast
Conservation Center shall be located in the North Coast area of
California. The Southern Conservation Center shall be located
on the grounds of the California Institution for Men at Chino.
The director may establish such branches of the conservation
centers as may be necessary. (Penal Code � 6203.)
Current law provides that the supervision, management, and
control of the conservation centers and the responsibility for
the care, custody, treatment, training, discipline, and
employment of persons confined therein or in branches thereof or
in permanent, temporary, and mobile camps operating therefrom
are vested in the Director of Corrections. (Penal Code � 6206.)
Current law allows local government to require persons
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imprisoned for violation of an ordinance to labor on public
property or works within the city. (Government Code � 36904.)
Current law states that any department, division, bureau,
commission or other agency of the State of California or the
Federal Government may use or cause to be used convicts confined
in the state prisons to perform work necessary and proper to be
done by them at permanent, temporary, and mobile camps to be
established under this article. The director may enter into
contracts for the purposes of this article. (Penal Code �
2780.)
Current law provides that the Secretary of Corrections shall
determine which prisoners shall be eligible for employment under
Section 2780, and shall establish and modify lists of prisoners
eligible for such employment. Upon the requisition of an agency
mentioned in Section 2780, the Director of Corrections may send
to the place and at the time designated the number of prisoners
requisitioned or such number thereof as have been determined to
be eligible for such employment and are available.
The director may return to prison any prisoner transferred to
camp pursuant to this section, when the need for such prisoner's
labor has ceased or when the prisoner is guilty of any violation
of the rules and regulations of the prison or camp. (Penal Code
� 2781.)
This bill would require that, if a prisoner is under
consideration for assignment to a conservation camp to perform
fire suppression, the secretary of the Department of Corrections
and Rehabilitation must contact the law enforcement agency
responsible for the arrest of the prisoner for the offense for
which the prisoner is serving his or her sentence and inform the
agency it has 10 days in which to provide information relating
to any other criminal activity and any mental health issues for
consideration by the secretary in determining the prisoner's
eligibility for that assignment.
This bill would also provide that, if the law enforcement agency
files an objection to the placement with the department within
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10 business days, the prisoner shall not be placed in the camp
or conservation center.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On May 23, 2011, the United States Supreme Court upheld the
decision of the three-judge panel in its entirety, giving
California two years from the date of its ruling to reduce its
prison population to 137.5 percent of design capacity, subject
to the right of the state to seek modifications in appropriate
circumstances.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill , as proposed to be amended, (see note 2, below) does
not appear to aggravate the prison overcrowding crisis described
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above.
COMMENTS
1. Need for This Bill
According to the author:
In a forum that Senator La Malfa held in August of
this year, one of the things mentioned in the public
comment portion was that of contacting the local law
enforcement jurisdiction before placing an inmate in a
fire camp. The person commenting said that local law
enforcement usually knows the background of the
inmates better than California Department of
Corrections and Rehabilitation (CDCR) and may be able
to provide insight into past mental health issues,
etc. Senator La Malfa believes a call from CDCR to
local law enforcement before the placement of the
inmate in a fire camp may assist CDCR and CalFIRE in
ensuring the safety of the public, guards and
firefighters. This bill would ask CDCR to contact the
local law enforcement jurisdiction that convicted the
inmate and sent him to a state institution and would
give the local law enforcement jurisdiction up to ten
business days to respond. If the local law
enforcement responds, and rejects the placement of the
inmate in a fire camp, the inmate will not be placed
in the fire camp.
2. Proposed Author's Amendment
The author's office has informed Committee staff that the author
will be amending the bill in Committee to delete the provision
which would allow the arresting agency to prohibit the inmate's
placement in fire camp.
3. Make up of CDCR Fire Camps
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According to CDCR, statewide, there are 44 Adult and Juvenile
conservation camps. The conservation camps are located in 27
counties located throughout the state:
There are 200 fire crews currently consisting of
approximately 3,932 inmates and wards.
Approximately 400 additional non-firefighter inmates are
assigned to the conservation camps in a support role. Of
the 44 camps, 39 camps are jointly operated by CDCR and CAL
FIRE since 1946.
Five camps are jointly operated by CDCR/LA County Fire
since 1983.
Three of the camps are for female inmates.
Two of the camps are for wards from the Division of
Juvenile Justice.
The conservation camps range in size from an 80 person
camp to a 160 person camp.
4. Which Inmates are Eligible for Fire Camp?
The following inmates are eligible for assignment to fire camp:
Male inmates and revoked parole violators designated as
level I and II.
Male inmates with time to serve of 60 months or less at
the time of Classification Staff Representative
endorsement.
A reception center inmate who has more than 30 days
remaining to serve.
A general population inmate who has more than 90 days
remaining to serve.
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Minimum/medium custody inmates.
Inmates with active/potential ICE holds are eligible if
the inmate has documented family ties in California or
prior work history of one year (may be cumulative) with no
history of prior deportations.
However, inmates who meet these preliminary eligibility criteria
are then screened according to the following exclusion criteria:
VIOLENT FELONIES PURSUANT TO PC SECTION 667.5(c)
Certain violent felonies like murder, kidnap, rape, lewd
and lascivious act with child, etc. are automatically
disqualified for Camp placement. This includes
enhancements, stayed counts, Board of Parole Hearings
good/probable cause hearings, juvenile sustained
adjudications, and probation violations. This also
includes current and prior convictions.
Remaining violent felonies are reviewed on a case-by-case
basis. The case-by-case review considers not only the
violent felony conviction but also reviews the totality of
the inmate's specific case factors. Some of the
case-by-case violent felonies the department reviews are
robbery, carjacking, and burglary first of an inhabited
dwelling.
Additionally, while not violent felonies, the department
mandates case-by-case reviews to be completed on the
following code offenses in the interest of public safety:
PC Section 192(b), Involuntary Manslaughter
PC Section 422, Criminal threats
PC Section 646.9, Stalking
SECURITY LEVELS III AND IV ARE EXCLUDED - These are
placement and/or classification scores of 28 and higher.
Security Level I and II, scores of 0-27, are considered
along with other case factors.
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TIME TO SERVE to be eligible can be a little as 60 days
prior to an inmate's release date with previous Camp
experience or up to 15 years applying the camp 2 for 1
credit earning which would bring the inmate's release date
down to 5 years. Inmates with a 2 for 1 adjusted release
date of 3 to 5 years require the Warden's approval.
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NO ESCAPES PURSUANT TO PC SECTION 4532.
NO ACTIVE FELONY HOLDS. Inmates with immigration holds,
who have family ties in California or prior work history of
one year and were not previously deported, are reviewed on
a case-by-case basis.
NO VALIDATED ACTIVE OR INACTIVE PRISON GANG MEMBERS OR
PRISON GANG ASSOCIATES - This information is verified by
the Office of Correctional Safety on the CDCR Form 128-B2.
DISCIPLINARY - The inmate must not have a pattern of
excessive misconduct or disrupted the orderly operations of
the institution, i.e., batteries, riots, inciting riots,
etc. If an inmate was found guilty of a serious offense
that warrants a Security Housing Unit term, the inmate must
remain disciplinary free for a minimum of twelve (12)
months and complete a higher level of restricted custody
before the inmate would be considered for possible
case-by-case review.
NO MEDICAL, PSYCHIATRIC, OR DENTAL CONCERNS - The inmate
must be specifically cleared by medical for Camp placement.
This includes a body mass index that must be met.
PUBLIC INTEREST CASES - These are cases identified by a
CDCR staff member at the Correctional Counselor III level
as involving high notoriety who requires exceptional
placement when the crime, circumstances of the offense, or
subsequent conduct results in unusual public concern as
evidenced by extensive media coverage beyond the local
community i.e., Manson.
NO ARSON CONVICTION PURSUANT TO PC SECTION 451 - This
section includes arson of structure, vacant land, etc., or
with injuries. The department includes current or prior
convictions, Board of Parole Hearings good/probable cause
findings, and juvenile sustained petitions.
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ANY INMATE CLASSIFIED WITH RESTRICTED CUSTODY (SEX
OFFENDER).
5. How Will Realignment Affect Firecamps?
Under the state's Public Safety Realignment, the state's prison
population will be substantially altered. Certain felons -
generally, offenders who have never been convicted of a
"serious" or "violent" crime, an aggravated white collar crime,
or required to register as a sex offender - will serve their
felony sentences in local custody, and not in state prison.
Additionally, parole violators will no longer be sent to state
prison but will serve any sentence for their parole violation in
local custody. (AB 109 (Committee on Budget), Chap. 15,
Statutes of 2011.) This will clearly reduce the pool of
prisoners who will be eligible for assignment to a fire camp
since those inmates tended to be the same low level inmates who
will now be incarcerated at the local level.
Because these changes will be made prospectively, the Department
of Corrections and Rehabilitation has informed Committee staff
that the existing inmate population will allow the camps to
remain at the current level of operation into 2012. However,
once realignment is fully implemented, there will be a
deficiency of approximately 1,500 inmate firefighters which
would have to be filled by county inmates. The Department is
currently negotiating with the counties an arrangement whereby
counties would make some inmates who, under realignment, would
be housed locally, available for assignment to fire camp.
IS THERE EVIDENCE THAT CURRENT PROCEDURES FOR SCREENING INMATES
ASSIGNED TO FIRE CAMPS ARE INADEQUATE?
WOULD REQUIRING CDCR TO NOTIFY THE ARRESTING AGENCY BEFORE
ASSIGNING AN INMATE TO FIRE CAMP ASSIST CDCR IN ITS SCREENING OF
INMATES ASSIGNED TO FIRE CAMP?
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