Amended in Assembly August 22, 2014

Amended in Assembly August 18, 2014

Amended in Senate May 27, 2014

Amended in Senate April 2, 2014

Amended in Senate March 18, 2014

Senate Bill No. 892

Introduced by Senator Hancock

(Coauthors: Senators Anderson, De León, Lara, Leno, and Steinberg)

(Coauthors: Assembly Members Ammiano and Skinner)

January 13, 2014

An act to amend Sections begin delete 2932, end delete 2933.6 begin delete , 6126, end delete and 6126.3 of, and to add Article 7 (commencing with Section 2696.5) to Chapter 4 of Title 1 of Part 3 of, the Penal Code, relating to state prisons.

LEGISLATIVE COUNSEL’S DIGEST

SB 892, as amended, Hancock. State prisons.

Existing law authorizes Security Housing Units for segregation of certain prisoners for disciplinary or security purposes, and because of gang membership or association.

This bill would require specified due process procedures for determining if an inmate is begin delete a member of or an associate of a gang, and subject to placement in a Security Housing Unit end delete begin insert a security threat group affiliate end insert . The bill would require the Office of the Inspector General, commencing January 1, 2016, to review every begin delete determination end delete begin insert security threat group validation and revalidation end insert completed on or after July 1, 2015, begin delete prior to the offender being placed in a Security Housing Unit, and end delete in which confidential information was begin delete used, that an inmate is a gang member or associate, to determine whether the minimum level of due process was provided and that the determination was supported by the evidence. If the Inspector General concludes that the determination was not supported by the evidence, or that the inmate was not provided the minimum level of due process, the bill would require the Inspector General to notify the Institutional Classification Committee of its determination, and to elevate its concerns through the chain of supervision within the Department of Corrections and Rehabilitation to resolve the dispute if necessary, as provided. The bill would require that an offender’s placement in a Security Housing Unit be delayed until the dispute is resolved and would require the dispute process to be concluded within 30 days. end delete begin insert used. end insert Any documents pertaining to the review of security threat group validations would not be subject to a public records request or discovery.

The bill would require an inmate subject to an indeterminate Security Housing Unit term begin insert as a result of a security threat group validation end insert to be placed in a multistep program begin delete designed to promote positive behavior and cessation of gang-related activities, and promotion of successful assimilation of the end delete begin insert with the ultimate goal of returning the end insert inmate back into the general prison population begin insert as rapidly as possible end insert . begin delete The bill would require the Inspector General, on or before July 1, 2016, to review the central files of each inmate who is subject to an indeterminate Security Housing Unit term who is denied progression within the program to assess the department’s compliance with the program. end delete begin insert The bill would require the department to prepare a reentry plan for every offender who will parole directly out of the Security Housing Unit or Psychiatric Services Unit into the community. end insert

The bill would require an inmate subject to a determinate Security Housing Unit term begin delete to receive an individualized plan to address the conduct giving rise to the term in the Security Housing Unit, and to promote end delete begin insert or an offender in the multistep program to be provided with promising or evidence-based programming that promotes end insert successful assimilation back into the general prison population. begin delete The bill would authorize an inmate serving a determinate Security Housing Unit term to earn credits toward reducing that term. end delete begin insert The bill would require the department to prepare a reentry plan for every offender who will parole directly out of the Security Housing Unit or Psychiatric Services Unit into the community. end insert

The bill would require the begin insert Office of the end insert Inspector General to review the department’s compliance with the above provisions and to issue reports, no less than annually, to the Governor and the Legislature summarizing its review.

The bill would require an inmate in a Security Housing Unit or Psychiatric Services Unit to have access to educational programming, begin delete to have weekly face-to-face interaction with uniformed and civilian staff, end delete to have access to radio or television, and the opportunity to earn additional specified privileges. begin delete The bill would require the Inspector General, on or before July 1, 2016, and biennially thereafter, to review and assess the department’s compliance with these provisions. end delete

The begin delete bill would require mental health screening for an inmate placed in the Security Housing Unit. The bill would require the Inspector General, on or before July 1, 2016, and biennially thereafter, to review and assess the department’s compliance with these provisions. The end delete bill would require the department to employ 2 ombudsmen to act as offender resource specialists for Security Housing Units and Psychiatric Services Units, to be responsible for, among other things, assisting an inmate with concerns about the inmate’s responsibilities and rights during confinement in one of those units, and responding to an inmate’s family member’s inquiries. begin delete The bill would require the Inspector General to employ 5 security housing specialists to monitor the programming and conditions of security housing units. end delete

The bill would require the department, commencing July 1, 2015, begin insert to the extent the data is already being collected, end insert to collect specified data regarding inmates subject to a term in a Security Housing Unit. The bill would require the begin insert Office of the end insert Inspector General, commencing January 1, 2017, and biennially thereafter, to use the data to prepare reports for the Legislature on specified criteria pertaining to inmates in a Security Housing Unit and a Psychiatric Services Unit.

Existing law provides that an inmate placed in a Security Housing Unit for specified crimes or because of gang association or membership, or placed in a Psychiatric Services Unit, is ineligible to earn credits towards reducing his or her sentence during the time the inmate is in the Security Housing Unit.

begin insert

This bill would permit the Department of Corrections and Rehabilitation to establish regulations to allow specified inmates to earn credits, as specified.

end insert begin delete

This bill would provide that those inmates would be eligible to earn credits toward reducing their sentences while in a Security Housing Unit or Psychiatric Services Unit for a period during which the inmate has been free of disciplinary action for 6 consecutive months.

end delete

The bill would state findings and declarations by the Legislature relative to Security Housing Units begin delete and would make conforming changes end delete .

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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.  

The Legislature finds and declares the following:

(a) Prisons serve a vital role in California’s public safety and
criminal justice system. The prison system also is an increasingly
expensive government program.

(b) The mission of the Department of Corrections and
Rehabilitation is to enhance public safety through safe and secure
incarceration of the most serious and violent offenders, and to
provide effective parole supervision and rehabilitative strategies
for the successful reintegration of offenders into our communities.

(c) The criminal justice system must be transparent and include
performance measures that hold it accountable for its results in
protecting the public, reducing reoffending, and conserving
taxpayers’ money.

(d) Long-term segregated housing as a prison management
strategy should be used only as a last resort and should be limited
in duration. The conditions of confinement should include
evidence-based programs designed to return the offender to the
general prison population.

SEC. 2.  

Article 7 (commencing with Section 2696.5) is added
to Chapter 4 of Title 1 of Part 3 of the Penal Code, to read:

 

Article 7.  The Security Housing Unit

 

2696.5.  

begin delete (a) end delete begin delete   end delete In any case in which the department seeks to
validate an offender as a security threat group affiliate, the
department shall provide an offender due process. An offender
shall be afforded, at a minimum, the following procedural
protections:

begin delete

(1)

end delete

begin insert (a) end insert  Timely, written, and effective notice that security threat
group validation is being considered, and the facts upon which
that consideration is based.

begin delete

(2)

end delete

begin insert (b) end insert  Decisionmaking by a dedicated and specially trained
classification committee.

begin delete

(3)

end delete

begin insert (c) end insert  A hearing at which the offender may be heard in person and,
absent an individualized determination of good cause, has a
reasonable opportunity to present available witnesses and
information.

begin delete

(4)

end delete

begin insert (d) end insert  An interpreter, if necessary, for the offender to understand
or participate in the proceedings.

begin delete

(5) An advocate

end delete

begin insert (e) end insert begin insert   end insert begin insert A staff assistant end insert to assist with the offender’s investigation.

begin delete

(6)

end delete

begin insert (f) end insert  An independent determination by the committee of the
reliability begin delete and credibility end delete of confidential informants. begin delete Information
supplied by an informant shall only be considered by the committee
if there is a finding, based on additional evidence, that the
informant has personal and actual knowledge of the information
he or she has provided. end delete

begin delete

(7)

end delete

begin insert (g) end insert  A written statement in plain language setting forth the
specific evidence relied upon, and the reasons for, validation.

begin delete

(b) (1) Commencing January 1, 2016, the Office of the Inspector
General shall, prior to placement of an offender in a Security
Housing Unit, review every security threat group validation and
revalidation completed on or after July 1, 2015, in which
confidential information was used, to determine whether the
minimum level of due process was provided to the validated
offender and that the validation was supported by the evidence. If
the Office of Inspector General concludes that the security threat
group validation was not supported by the evidence or that the
offender was not provided the minimum level of due process, the
Office of Inspector General shall notify the Institution
Classification Committee of its determination. If the Institution
Classification Committee disagrees with the Inspector General’s
determination, the Inspector General shall elevate its concerns
through the chain of supervision within the department as necessary
to resolve the dispute, up to and including the Secretary of the
Department of Corrections and Rehabilitation. An offender’s
placement in a Security Housing Unit shall be delayed until the
dispute is resolved. The dispute process shall be concluded within
30 days.

(2) The duties established in paragraph (1) shall also include
the review of each decision to deny an offender progress in, or to
regress an offender in, a the Step Down Program, if that decision
involved confidential information.

end delete

2697.  

(a) Commencing on January 1, 2015, an offender placed
in the Security Housing Unit as a result of a security threat group
validation, shall be placed in the Step Down Program. Offenders
who were placed in the Security Housing Unit prior to January 1,
2015, shall be placed in the Step Down Program by the
department’s designated review board no later than begin delete July end delete begin insert December end insert
1, 2016. The Step Down Program is a multistep program designed
to provide programming with the ultimate goal of returning the
offender to the general prison population. The goal of the Step
Down Program shall be to return prisoners to the general population
as rapidly as possible, consistent with the safety and security of
institutions of the begin delete department and shall not consist of more than
five steps. end delete begin insert department. end insert It shall operate on the presumption that
every prisoner who enters the Step Down Program can complete
it in a timely manner.

begin delete

(b) Within 30 days of an offender being placed into the Step
Down Program, and by July 1, 2015, for all offenders who began
serving an indeterminate Security Housing Unit term prior to
January 1, 2015, the department shall develop an individualized
plan for the offender. The plan shall include, but not be limited to,
an assessment of the offender’s needs, an individualized strategy
to provide the offender with programming to address those needs,
and a statement of the expectations for the offender to progress
through the Step Down Program. The department shall provide
the plan to the offender and explain it so that the offender can
understand his or her responsibilities under the plan. A copy of
the plan shall be placed in the offender’s central file.

end delete begin delete

(c)

end delete

begin insert (b) end insert  An offender in the Step Down Program shall be provided
with promising or evidence-based programming. The programming
shall include incentives to promote positive behavior. The
programming shall also promote the successful assimilation of an
offender back into the general prison population. Information
obtained from the offender during this programming shall not be
used in a rules violation report against the offender or to keep the
offender in the Security Housing Unit. begin insert The department shall have
power to promulgate regulations to define “promising
programming.” end insert

begin delete

(d) The department shall track the offender’s progress in meeting
the requirements of the plan described in subdivision (b).

(e) An offender in the Step Down Program shall be assessed by
a correctional counselor every 180 days, in order to monitor the
offender’s progress. The correctional counselor and the offender
resource specialist shall meet with the offender and provide the
offender with a progress report that outlines what requirements
the offender is not meeting and what the offender is expected to
do to progress within the Step Down Program. An interpreter shall
be provided, if necessary, so that the offender can understand and
participate in the assessment. A copy of the report shall be placed
in the offender’s central file.

(f) An offender shall have the opportunity to advance to the
next step of the Step Down Program after successful participation
in the current step for 180 days.

(g) The department shall prepare a comprehensive reentry plan
for every offender who will parole directly out of the Security
Housing Unit or the Psychiatric Services Unit into the community.

(h) On or before July 1, 2016, and continually thereafter, the
Office of the Inspector General shall review the central file of each
offender who is denied progress within the Step Down Program
to assess the department’s compliance with this section.

end delete

begin delete

2697.5.  

(a) Within 30 days of an offender beginning a
determinate Security Housing Unit term, and by July 1, 2015, for
all offenders who began serving a determinate Security Housing
Unit term prior to January 1, 2015, the department shall develop
an individualized plan for the offender. The plan shall include an
assessment of the offender’s needs, an individualized strategy to
provide the offender with programming to address those needs,
and a statement of the expectations for the offender to progress
toward fewer restrictions and lower levels of custody based on the
offender’s behavior. The department shall provide the plan to the
offender and explain it, so that the offender can understand those
expectations. A copy of the plan shall be placed in the offender’s
central file.

(b) 

end delete

begin insert

begin insert 2697.5. end insert   

end insert

begin insert (a) end insert begin insert   end insert An offender serving a determinate Security
Housing Unit term shall be provided with promising or
evidence-based programming. The programming shall promote
the successful assimilation of the offender back into the general
prison population. Information obtained from the offender during
the programming shall not be used in a rules violation report
against the offender, or to keep the offender in the Security Housing
Unit. begin insert The department shall have power to promulgate regulations
to define “promising programming.” end insert

begin delete

(c) The department shall track the offender’s progress in meeting
the requirements of the plan described in subdivision (a).

(d) An offender serving a determinate Security Housing Unit
term shall be assessed by a correctional counselor every 180 days,
in order to monitor the offender’s progress. The correctional
counselor and the offender resource specialist shall meet with the
offender and provide the offender with a progress report that
outlines what requirements the offender is not meeting and what
the offender is expected to do to be eligible for additional privileges
and early release from the Security Housing Unit. An interpreter
shall be provided, if necessary, so that the offender can understand
and participate in the assessment. A copy of the report shall be
placed in the offender’s central file.

(e) An offender serving a determinate Security Housing Unit
term shall be eligible to earn credits towards early release from
the Security Housing Unit. The department shall be responsible
for developing guidelines for earning those credits.

(f)

end delete

begin insert (b) end insert  The department shall prepare a begin delete comprehensive end delete reentry plan
for every offender who will parole directly out of the Security
Housing Unit or Psychiatric Services Unit into the community.

begin delete

(g) (1) Commencing on July 1, 2015, the Inspector General
shall review the department’s compliance with this section. The
Inspector General shall issue reports to the Governor and the
Legislature, no less than annually, summarizing its review.

(2) The report required by paragraph (1) shall be submitted in
compliance with Section 9795 of the Government Code.

end delete

2698.  

(a) An offender placed in the Security Housing Unit or
the Psychiatric Services Unit shall be provided with meaningful
forms of mental, physical, and social stimulation. Those forms of
stimulation shall include, but not be limited to, begin insert both of end insert the
following:

(1) Access to educational programming, including in-cell
programming, that shall be developed for an offender who is not
permitted to leave his or her cell.

begin delete

(2) Opportunities to exercise in the presence of other offenders,
provided however, that the offenders may be separated by security
barriers, if necessary.

(3) Weekly face-to-face interaction with both uniformed and
civilian staff or volunteers.

end delete begin delete

(4)

end delete

begin insert (2) end insert  Access to radio or television.

(b) The department shall create a behavior-driven progressive
incentives program that includes, but is not limited to, begin insert both of end insert the
begin delete following: end delete begin insert following, end insert

begin delete (1) end delete begin delete   end delete begin delete For end delete begin insert for end insert any 30-day period begin delete where end delete begin insert during which end insert an offender
in the Security Housing Unit or Psychiatric Services Unit does not
receive a rules violation report:

begin delete

(A)

end delete

begin insert (1) end insert  One additional phone call in the following month.

begin delete

(B)

end delete

begin insert (2) end insert  One additional photograph, for a maximum of 10.

begin delete

(2) For any 180-day period where an offender in the Security
Housing Unit or Psychiatric Services Unit does not receive a rules
violation report, the offender shall be entitled to one additional
personal property package with a maximum weight of 30 pounds.

end delete

(c) An offender shall be entitled to the privileges in subdivision
(b) if a disciplinary action is reversed, dismissed, or modified to
a minor rules violation.

begin delete

(d) On or before July 1, 2016, and biennially thereafter, the
Office of the Inspector General shall review and assess the
department’s compliance with this section.

end delete

begin delete

2698.5.  

(a) An offender shall undergo a mental health
screening by a qualified mental health professional within 30 days
before beginning a term in the Security Housing Unit. An offender
who has been diagnosed with a serious mental illness or who has
a history of serious mental illness and decompensation in
segregated settings shall not be placed in the Security Housing
Unit.

(b) All offenders segregated in a Security Housing Unit as of
January 1, 2015, shall undergo a mental health assessment by a
qualified mental health professional by July 31, 2015. Prisoners
found to be suffering from a serious mental illness shall be removed
from the Security Housing Unit.

(c) The department shall provide training to all correctional staff
in the Security Housing Unit and Psychiatric Services Unit on how
to respond to an individual experiencing a psychiatric crisis in
ways that reduce rather than escalate the crisis.

(d) On or before July 1, 2016, and biennially thereafter, the
Office of the Inspector General shall review and assess the
department’s compliance with this section.

end delete

2699.  

begin delete The end delete begin insert Commencing July 1, 2015, the end insert department shall
employ two ombudsmen to act as offender resource specialists for
Security Housing Units and Psychiatric Services Units. The
offender resource specialist’s responsibilities shall include, but
not be limited to, the following:

(a) Assisting an offender with concerns and questions concerning
the offender’s responsibilities and rights during confinement in
the Security Housing Unit or Psychiatric Services Unit.

(b) Responding to inquiries from an offender’s family members.

(c) Explaining Security Housing Unit and Psychiatric Services
Unit policies to the public.

2699.5.  

begin delete (a) end delete begin delete   end delete Commencing July 1, 2015, the department begin delete shall
collect end delete begin insert shall, only to the extent that the following data is already
being collected via the Strategic Offender Management System or
other electronic tracking systems utilized by the department, report end insert
the following data begin insert to the Office of the Inspector General at six
month intervals end insert :

begin delete

(1)

end delete

begin insert (a) end insert  Information relating to each offender who is going through,
or has gone through, the validation process for determining a
security threat group affiliate, including the following:

begin delete

(A)

end delete

begin insert (1) end insert  The offender’s gender, age, mental health status, and race.

begin delete

(B)

end delete

begin insert (2) end insert  The outcome at every step of the validation process.

begin delete

(C)

end delete

begin insert (3) end insert  If the offender was validated, the date of validation.

begin delete

(D)

end delete

begin insert (4) end insert  If the offender was validated, the level of validation that the
offender was assigned.

begin delete

(2)

end delete

begin insert (b) end insert  Information relating to the offender being housed in the
Security Housing Unit or Psychiatric Services Unit, including the
following:

begin delete

(A)

end delete

begin insert (1) end insert  The offender’s gender, age, mental health status, and race.

begin delete

(B)

end delete

begin insert (2) end insert  The date the offender was placed in the Security Housing
Unit or Psychiatric Services Unit and the date of release.

begin delete

(C)

end delete

begin insert (3) end insert  The reason the offender is serving a Security Housing Unit
term.

begin delete

(D)

end delete

begin insert (4) end insert  If the offender is serving an indeterminate Security Housing
Unit term, the progress the offender has made in the Step Down
Program.

begin delete

(E)

end delete

begin insert (5) end insert  For offenders in the Step Down Program, the time spent in
each step of the program.

begin delete

(F)

end delete

begin insert (6) end insert  The number of visits from persons other than staff that the
offender was provided while serving a term in the Security Housing
Unit or Psychiatric Services Unit.

begin delete

(G)

end delete

begin insert (7) end insert  The number of telephone calls the offender was provided
while serving a term in the Security Housing Unit.

begin delete

(H)

end delete

begin insert (8) end insert  Whether the offender attempted to commit or committed
suicide.

begin delete

(I)

end delete

begin insert (9) end insert  Any disciplinary action taken against the offender, and the
result of that action.

begin delete

(J)

end delete

begin insert (10) end insert  Whether the offender was paroled directly out of the
Security Housing Unit or the Psychiatric Services Unit into the
community.

begin delete

(3)

end delete

begin insert (c) end insert  The number of administrative appeals filed by offenders in
the Security Housing Unit or Psychiatric Services Unit, the subject
matter of the appeals, and the outcome of the appeals.

begin delete

(b) Commencing January 1, 2017, and biennially thereafter, the
Office of the Inspector General shall use the data described in
subdivision (a) to prepare a report to the Legislature that includes,
but is not limited to, the following information:

(1) The number of offenders investigated for security threat
group validation and the number of investigations that resulted in
a validation.

(2) The number of cases in which the Office of Correctional
Safety recommended against validation and the outcome of those
cases.

(3) The number of cases in which the security threat group
committee decided not to validate the offender.

(4) The number of offenders who were not initially placed in
the Security Housing Unit or Psychiatric Services Unit but were
sent to the Security Housing Unit or Psychiatric Services Unit
within six months of validation.

(5) The number of offenders placed for an indeterminate
Security Housing Unit term or in the Psychiatric Services Unit.

(6) The number of offenders placed for a determinate Security
Housing Unit term or in the Psychiatric Services Unit.

(7) The average length of time offenders serving an
indeterminate Security Housing Unit term spent in the Security
Housing Unit or the Psychiatric Services Unit, or both.

(8) The average length of time offenders spent in each step of
the Step Down Program.

(9) The number of suicide attempts made by offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(10) The number of suicides by offenders in the Security
Housing Unit and the Psychiatric Services Unit.

(11) The number of offenders in the Security Housing Unit and
the Psychiatric Services Unit who were paroled directly out of the
Security Housing Unit and the Psychiatric Services Unit into the
community.

(12) The number of disciplinary actions taken against offenders
in the Security Housing Unit and the Psychiatric Services Unit,
the type of actions, and the outcomes of the disciplinary actions.

(13) The number of visits by persons other than staff to offenders
in the Security Housing Unit and the Psychiatric Services Unit.

(14) The number of telephone calls provided to offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(15) The number of administrative appeals filed by offenders
in the Security Housing Unit or the Psychiatric Services Unit, the
subject matter of the appeals, and the outcomes of those appeals.

(c) The report required by subdivision (b) shall be submitted in
compliance with Section 9795 of the Government Code.

end delete

begin insert

begin insert 2699.7. end insert   

(a) Commencing January 1, 2017, and biennially
thereafter, the Office of the Inspector General shall use the data
described in Section 2699.5 to prepare a report to the Legislature
that includes, but is not limited to, the following information:

(1) The number of offenders investigated for security threat
group validation and the number of investigations that resulted in
a validation.

(2) The number of cases in which the Office of Correctional
Safety recommended against validation and the outcome of those
cases.

(3) The number of cases in which the security threat group
committee decided not to validate the offender.

(4) The number of offenders who were not initially placed in
the Security Housing Unit or Psychiatric Services Unit but were
sent to the Security Housing Unit or Psychiatric Services Unit
within six months of validation.

(5) The number of offenders placed for an indeterminate Security
Housing Unit term or in the Psychiatric Services Unit.

(6) The number of offenders placed for a determinate Security
Housing Unit term or in the Psychiatric Services Unit.

(7) The average length of time offenders serving an
indeterminate Security Housing Unit term spent in the Security
Housing Unit or the Psychiatric Services Unit, or both.

(8) The average length of time offenders spent in each step of
the Step Down Program.

(9) The number of suicide attempts made by offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(10) The number of suicides by offenders in the Security Housing
Unit and the Psychiatric Services Unit.

(11) The number of offenders in the Security Housing Unit and
the Psychiatric Services Unit who were paroled directly out of the
Security Housing Unit and the Psychiatric Services Unit into the
community.

(12) The number of disciplinary actions taken against offenders
in the Security Housing Unit and the Psychiatric Services Unit,
the type of actions, and the outcomes of the disciplinary actions.

(13) The number of visits by persons other than staff to offenders
in the Security Housing Unit and the Psychiatric Services Unit.

(14) The number of telephone calls provided to offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(15) The number of administrative appeals filed by offenders
in the Security Housing Unit or the Psychiatric Services Unit, the
subject matter of the appeals, and the outcomes of those appeals.

(b) The Office of the Inspector General shall do all of the
following:

(1) Commencing January 1, 2016, the Office of the Inspector
General shall review every security threat group validation and
revalidation completed on or after July 1, 2015, in which
confidential information was used.

(2) Commencing July 1, 2015, the Office of the Inspector
General shall review the department’s compliance with Section
2697 and 2697.5. The Office of the Inspector General shall issue
reports to the Governor and the Legislature, no less than annually,
summarizing its review.

(c) The reports required by this section shall be submitted in
compliance with Section 9795 of the Government Code.

end insert

begin delete

SEC. 3.  

Section 2932 of the Penal Code is amended to read:

2932.  

(a) (1) For any time credit accumulated pursuant to
Section 2931 or 2933, not more than 360 days of credit may be
denied or lost for a single act of murder, attempted murder,
solicitation of murder, manslaughter, rape, sodomy, or oral
copulation accomplished against the victim’s will, attempted rape,
attempted sodomy, or attempted oral copulation accomplished
against the victim’s will, assault or battery causing serious bodily
injury, assault with a deadly weapon or caustic substance, taking
of a hostage, escape with force or violence, or possession or
manufacture of a deadly weapon or explosive device, whether or
not prosecution is undertaken for purposes of this paragraph.
Solicitation of murder shall be proved by the testimony of two
witnesses, or of one witness and corroborating circumstances.

(2) Not more than 180 days of credit may be denied or lost for
a single act of misconduct, except as specified in paragraph (1),
which could be prosecuted as a felony whether or not prosecution
is undertaken.

(3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a
misdemeanor, whether or not prosecution is undertaken.

(4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections and
Rehabilitation. Any person confined due to a change in custodial
classification following the commission of any serious disciplinary
infraction shall, in addition to any loss of time credits, be ineligible
to receive participation or worktime credit for a period not to
exceed the number of days of credit which have been lost for the
act of misconduct or 180 days, whichever is less. Any person
confined in a Security Housing Unit for having committed any
misconduct specified in paragraph (1) in which great bodily injury
is inflicted upon a nonprisoner shall, in addition to any loss of time
credits, be ineligible to receive participation or worktime credit
for a period not to exceed the number of days of credit which have
been lost for that act of misconduct. In unusual cases, an inmate
may be denied the opportunity to participate in a credit qualifying
assignment for up to six months beyond the period specified in
this subdivision if the Secretary of the Department of Corrections
and Rehabilitation finds, after a hearing, that no credit qualifying
program may be assigned to the inmate without creating a
substantial risk of physical harm to staff or other inmates. At the
end of the six-month period and of successive six-month periods,
the denial of the opportunity to participate in a credit qualifying
assignment may be renewed upon a hearing and finding by the
director.

(5) The prisoner may appeal the decision through the
department’s review procedure, which shall include a review by
an individual independent of the institution who has supervisorial
authority over the institution.

(b) For any credit accumulated pursuant to Section 2931, not
more than 30 days of participation credit may be denied or lost for
a single failure or refusal to participate. Any act of misconduct
described by the Department of Corrections and Rehabilitation as
a serious disciplinary infraction if committed while participating
in work, educational, vocational, therapeutic, or other prison
activity shall be deemed a failure to participate.

(c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections and Rehabilitation
for serious disciplinary infractions if those procedures are not in
conflict with this section.

(1) (A) The Department of Corrections and Rehabilitation shall,
using reasonable diligence to investigate, provide written notice
to the prisoner. The written notice shall be given within 15 days
after the discovery of information leading to charges that may
result in a possible denial of credit, except that if the prisoner has
escaped, the notice shall be given within 15 days of the prisoner’s
return to the custody of the secretary. The written notice shall
include the specific charge, the date, the time, the place that the
alleged misbehavior took place, the evidence relied upon, a written
explanation of the procedures that will be employed at the
proceedings and the prisoner’s rights at the hearing. The hearing
shall be conducted by an individual who shall be independent of
the case and shall take place within 30 days of the written notice.

(B) The Department of Corrections and Rehabilitation may
delay written notice beyond 15 days when all of the following
factors are true:

(i) An act of misconduct is involved which could be prosecuted
as murder, attempted murder, or assault on a prison employee,
whether or not prosecution is undertaken.

(ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.

(iii) Within 15 days after the discovery of information leading
to charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying
that prisoner and states the reasons for the delay.

(iv) The warden of the institution approves of the delay in
writing.

The period of delay under this paragraph shall not exceed 30
days. The prisoner’s hearing shall take place within 30 days of the
written notice.

(2) The prisoner may elect to be assigned an employee to assist
in the investigation, preparation, or presentation of a defense at
the disciplinary hearing if it is determined by the department that
either of the following circumstances exist:

(A) The prisoner is illiterate.

(B) The complexity of the issues or the prisoner’s confinement
status makes it unlikely that the prisoner can collect and present
the evidence necessary for an adequate comprehension of the case.

(3) The prisoner may request witnesses to attend the hearing
and they shall be called unless the person conducting the hearing
has specific reasons to deny this request. The specific reasons shall
be set forth in writing and a copy of the document shall be
presented to the prisoner.

(4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.

(5) At the conclusion of the hearing the charge shall be
dismissed if the facts do not support the charge, or the prisoner
may be found guilty on the basis of a preponderance of the
evidence.

(d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner
may appeal the decision through the department’s review
procedure, and may, upon final notification of appeal denial, within
15 days of the notification demand review of the department’s
denial of credit to the Board of Parole Hearings, and the board
may affirm, reverse, or modify the department’s decision or grant
a hearing before the board at which hearing the prisoner shall have
the rights specified in Section 3041.5.

(e) Each prisoner subject to Section 2931 shall be notified of
the total amount of good behavior and participation credit which
may be credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.

(f) (1) If the conduct the prisoner is charged with also
constitutes a crime, the department may refer the case to criminal
authorities for possible prosecution. The department shall notify
the prisoner, who may request postponement of the disciplinary
proceedings pending the referral.

(2) The prisoner may revoke his or her request for postponement
of the disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the
hearing within 30 days of the revocation.

(3) Notwithstanding the notification requirements in this
paragraph and subparagraphs (A) and (B) of paragraph (1) of
subdivision (c), in the event the case is referred to criminal
authorities for prosecution and the authority requests that the
prisoner not be notified so as to protect the confidentiality of its
investigation, no notice to the prisoner shall be required until an
accusatory pleading is filed with the court, or the authority notifies
the warden, in writing, that it will not prosecute or it authorizes
the notification of the prisoner. The notice exceptions provided
for in this paragraph shall only apply if the criminal authority
requests of the warden, in writing, and within the 15 days provided
in subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified. Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to
in subdivision (c). In the event that no prosecution is undertaken,
the procedures in subdivision (c) shall apply, and the time periods
set forth in that subdivision shall commence to run from the date
the warden is notified in writing of the decision not to prosecute.
In the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.

(4) In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections and Rehabilitation shall
not deny time credit where the prisoner is found not guilty and
may deny credit if the prisoner is found guilty, in which case the
procedures in subdivision (c) shall not apply.

(g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of
what the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner’s parole period.

(h) Nothing in the amendments to this section made at the
1981-82 Regular Session of the Legislature shall affect the granting
or revocation of credits attributable to that portion of the prisoner’s
sentence served prior to January 1, 1983.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 2933.6 of the Penal Code is amended to read:

2933.6.  

(a) Notwithstanding any other law, begin insert except as provided
in subdivision (d), end insert a person who is placed in a Security Housing
Unit, Psychiatric Services Unit, Behavioral Management Unit, or
an Administrative Segregation Unit for misconduct described in
subdivision (b) or upon validation as a prison gang member or
associate is ineligible to earn credits pursuant to Section 2933 or
2933.05 during the time he or she is in the Security Housing Unit,
Psychiatric Services Unit, Behavioral Management Unit, or the
Administrative Segregation Unit for that misconduct.

(b) This section applies to the following offenses:

(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven
by the testimony of two witnesses, or of one witness and
corroborating circumstances.

(2) Manslaughter.

(3) Assault or battery causing serious bodily injury.

(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.

(5) Assault with a deadly weapon or caustic substance.

(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim’s will.

(7) Taking a hostage.

(8) Escape or attempted escape with force or violence.

(9) Escape from any departmental prison or institution other
than a camp or reentry facility.

(10) Possession or manufacture of a deadly weapon or explosive
device.

(11) Arson involving damage to a structure.

(12) Possession of flammable, explosive material with intent to
burn any structure or property.

(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.

(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.

(c)  begin delete This end delete begin insert Subdivision (a) of this end insert section does not apply if the
administrative finding of the misconduct is overturned or if the
person is criminally prosecuted for the misconduct and is found
not guilty.

begin delete

(d) This section does not apply during any period during which
an offender in the Security Housing Unit has remained free of
disciplinary action for six consecutive months.

end delete begin insert

(d) Notwithstanding subdivision (a), the Department of
Corrections and Rehabilitation may establish regulations to allow
specified inmates placed in a Security Housing Unit, Psychiatric
Services Unit, Behavioral Management Unit, or an Administrative
Segregation Unit to earn credits pursuant to Section 2933 or
2933.05, or credits as otherwise specified in regulation, during
the time he or she is in the Security Housing Unit, Psychiatric
Services Unit, Behavioral Management Unit, or the Administrative
Segregation Unit. The regulations shall provide for separate
classifications of serious disciplinary infractions as they relate to
restoration of credits, the time period required before forfeited
credits or a portion thereof may be restored, and the percentage
of forfeited credits that may be restored for those time periods,
not to exceed those percentages authorized for general population
inmates. The regulations shall provide for credit earning for
inmates who successfully complete specific program performance
objectives.

end insert

begin delete

SEC. 5.  

Section 6126 of the Penal Code is amended to read:

6126.  

(a) The Inspector General shall be responsible for
contemporaneous oversight of internal affairs investigations and
the disciplinary process of the Department of Corrections and
Rehabilitation, pursuant to Section 6133 under policies to be
developed by the Inspector General.

(b) When requested by the Governor, the Senate Committee on
Rules, or the Speaker of the Assembly, the Inspector General shall
review policies, practices, and procedures of the department. The
Inspector General, under policies developed by the Inspector
General, may recommend that the Governor, the Senate Committee
on Rules, or the Speaker of the Assembly request a review of a
specific departmental policy, practice, or procedure that raises a
significant correctional issue relevant to the effectiveness of the
department. When exigent circumstances of unsafe or life
threatening situations arise involving inmates, wards, parolees, or
staff, the Inspector General may, by whatever means is most
expeditious, notify the Governor, Senate Committee on Rules, or
the Speaker of the Assembly.

(c) (1) Upon completion of a review, the Inspector General
shall prepare a complete written report, which shall be held as
confidential and disclosed in confidence, along with all underlying
materials the Inspector General deems appropriate, to the requesting
entity in subdivision (b) and the appropriate law enforcement
agency.

(2) The Inspector General shall also prepare a public report.
When necessary, the public report shall differ from the complete
written report in the respect that the Inspector General shall have
the discretion to redact or otherwise protect the names of
individuals, specific locations, or other facts that, if not redacted,
might hinder prosecution related to the review, or where disclosure
of the information is otherwise prohibited by law, and to decline
to produce any of the underlying materials. Copies of public reports
shall be posted on the Office of the Inspector General’s Internet
Web site.

(d) The Inspector General shall, during the course of a review,
identify areas of full and partial compliance, or noncompliance,
with departmental policies and procedures, specify deficiencies in
the completion and documentation of processes, and recommend
corrective actions, including, but not limited to, additional training,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.

(e) 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.

(f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.

(g) The Inspector General shall conduct an objective,
metric-oriented oversight and inspection program to periodically
review delivery of the reforms identified in the document released
by the Department of Corrections and Rehabilitation in April 2012,
entitled The Future of California Corrections: A Blueprint to Save
Billions of Dollars, End Federal Court Oversight, and Improve the
Prison System (the blueprint), including, but not limited to, the
following specific goals and reforms described by the blueprint:

(1) Whether the department has increased the percentage of
inmates served in rehabilitative programs to 70 percent of the
department’s target population prior to their release.

(2) The establishment of an adherence to the standardized
staffing model at each institution.

(3) The establishment of an adherence to the new inmate
classification score system.

(4) The establishment of and adherence to the new prison gang
management system, including changes to the department’s current
policies for identifying prison-based gang members and associates
and the use and conditions associated with the department’s
security housing units.

(5) The implementation of and adherence to the Comprehensive
Housing Plan described in the blueprint.

(h) 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.

(i) The Inspector General shall employ five secured housing
specialists. The secured housing specialists shall monitor the
programming and conditions of security housing units, in addition
to assuming any related duties determined by the Inspector General.

end delete

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

Section 6126.3 of the Penal Code is amended to read:

6126.3.  

(a) The Inspector General shall not destroy any papers
or memoranda used to support a completed review within three
years after a report is released.

(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work
are public records subject to Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code and shall
be filed at any of the regularly maintained offices of the Inspector
General.

(c) The following books, papers, records, and correspondence
of the Office of the Inspector General pertaining to its work are
not public records subject to Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, nor shall
they be subject to discovery pursuant to any provision of Title 3
(commencing with Section 1985) of Part 4 of the Code of Civil
Procedure or Chapter 7 (commencing with Section 19570) of Part
2 of Division 5 of Title 2 of the Government Code in any manner:

(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt
from disclosure pursuant to the provisions of subdivision (d) of
Section 6126.5, Section 6126.6, subdivision (c) of Section 6128,
subdivision (c) of Section 6126, or all other applicable laws
regarding confidentiality, including, but not limited to, the
California Public Records Act, the Public Safety Officers’
Procedural Bill of Rights, the Information Practices Act of 1977,
the Confidentiality of Medical Information Act of 1977, and the
provisions of Section 832.7, relating to the disposition notification
for complaints against peace officers.

(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any review that
has not been completed.

(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal
discussions between the Inspector General and his or her staff, or
between staff members of the Inspector General, or any personal
notes of the Inspector General or his or her staff.

(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector
General determines that disclosure of the information is necessary
in the interests of justice.

(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to
contemporaneous public oversight pursuant to Section 6133.

(6) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to the review of
security threat group validations made pursuant to Section 2696.5.

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

The Legislature finds and declares that Section begin delete 6 end delete begin insert 4 end insert of
this act imposes a limitation on the public’s right of access to
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following finding to demonstrate the
interest protected by this limitation and the need for protecting
that interest: the Legislature finds and declares that in order to
protect the security of the Department of Corrections and
Rehabilitations, its staff and inmates, it is necessary to exempt any
papers, correspondence, memoranda, electronic communications,
or other documents pertaining to the review of security threat group
validations made pursuant to Section 2696.5 from public disclosure.