BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1098|
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THIRD READING
Bill No: SB 1098
Author: La Malfa (R)
Amended: 5/9/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Conservation camps: inmate placements
SOURCE : Author
DIGEST : This bill requires the Department of Corrections
and Rehabilitation (CDCR) to provide all inmate
classification, reclassification, and re-admission score
sheets in its possession to the Department of Forestry and
Fire Protection (CAL FIRE) personnel assigned to the
conservation camp in which the inmate is being placed.
ANALYSIS : Existing 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 (PEN)
Section 6202)
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Existing 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 of CDCR may
establish such branches of the conservation centers as may
be necessary. (PEN Section 6203)
Existing 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. (PEN
Section 6206)
Existing law allows local government to require persons
imprisoned for violation of an ordinance to labor on public
property or works within the city. (Government Code
Section 36904)
Existing 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. (PEN Section 2780)
Existing law provides that the Secretary of CDCR 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 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. (PEN Section
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2781)
Existing law provides that a CDCR Classification Score
Sheet, shall be prepared pursuant to Section 3375.3 on each
newly received felon. In completing the CDCR
Classification Score Sheet, all relevant documents
available during the reception center process shall be
reviewed, the inmate shall be interviewed, informed of the
purpose of the form, and be allowed to contest specific
item scores and other case factors on the form. Factors
for which documentation is absent or conflicting shall be
discussed during the interview. The inmate is responsible
for providing documentation to support their challenge of
any information on the CDCR Classification Score Sheet.
An effort shall be made to obtain verifiable documentation
of all items on the CDCR Classification Score Sheet. The
probation officer's report shall be the document of choice
to resolve any conflicting information received. Credit
shall be given only upon verifiable documentation and shall
not be given based solely on an inmate's statements.
A corrected CDCR Classification Score Sheet shall be
initiated when the inmate or another party presents
verifiable documentation to support the change. When the
change results in a placement score which falls into the
range for a different facility security level, the inmate's
case shall be referred to a Classification Staff
Representative (CSR) for transfer consideration.
(15 California Code of Regulations 3375 (j).)
Existing law provides that a CDCR Reclassification Score
Sheet shall be prepared pursuant to Section 3375.4 as part
of the regular, continuous classification process. If an
inmate's recalculated placement score is not consistent
with the institution/facility security level where the
inmate is housed, the case shall be presented to a CSR for
transfer consideration.
A CDCR Reclassification Score Sheet shall be completed:
1. 12 months after the date that the inmate physically
arrived in the reception center and annually thereafter.
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2. Any six-month period when favorable points are granted
or unfavorable points are assessed which would cause the
inmate's placement score to fall outside of the facility
security level.
3. Each time a case is presented to a CSR for placement
consideration.
A CDCR Re-admission Score Sheet, shall be completed
pursuant to Section 3375.5 as part of the re-admission
process when a parolee is returned to prison.
(15 California Code of Regulations 3375 (k).)
This bill requires CDCR to provide all inmate
classification, reclassification, and re-admission score
sheets in its possession to the CAL FIRE personnel assigned
to the conservation camp in which the inmate is being
placed.
Background
Make up of CDCR Fire Camps . According to CDCR, statewide,
there are 43 Adult and Juvenile conservation camps. The
conservation camps are located in 27 counties located
throughout the state:
1. There are 200 fire crews currently consisting of
approximately 3,932 inmates and wards.
2. Approximately 400 additional non-firefighter inmates are
assigned to the conservation camps in a support role.
Of the 43 camps, 38 camps are jointly operated by CDCR
and CAL FIRE since 1946.
3. Five camps are jointly operated by CDCR/Los Angeles
County Fire since 1983.
4. Three of the camps are for female inmates.
5. There is one camp for wards from the Division of
Juvenile Justice.
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6. The conservation camps range in size from an 80 person
camp to a 160 person camp.
Inmates eligible for Fire Camp . The following inmates are
eligible for assignment to fire camp:
1. Male inmates designated as level I and II.
2. Inmate must have five years or less remaining to serve
at the time of placement in the camp setting.
3. A reception center inmate who has more than 30 days
remaining to serve.
4. A general population inmate who has more than 90 days
remaining to serve.
5. Minimum custody inmates.
6. Inmates with active/potential Immigration and Customs
Enforcement 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/9/12)
CDF Firefighters, Local 2881
ARGUMENTS IN SUPPORT : According to the author, "This
bill would require CDCR to provide all classification,
reclassification and re-admission score sheets on each
inmate to the CalFIRE personnel working in the conservation
camp in which the inmate is placed. Currently, the CalFIRE
personnel do not have any background information on the
inmates in their custody. This bill would allow only the
personnel that are employed in the specific conservation
camp to view the files."
RJG:kc 5/9/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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