BILL ANALYSIS �
SB 892
Page 1
SENATE THIRD READING
SB 892 (Hancock)
As Amended August 18, 2014
Majority vote
SENATE VOTE :25-11
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
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SUMMARY : Places additional due process procedures for
determining if an inmate is a member of or an associate of a
gang, for purposes of placing the inmate in a Security Housing
Unit (SHU). Specifically, this bill :
1)Requires specified due process procedures for determining if
an inmate is an affiliate of a security threat group, and
subject to placement in a SHU, which must include at minimum
the following:
a) Timely, written, and effective notice that security
threat group validation is being considered, and the facts
upon which that consideration is based;
b) Decisionmaking by a dedicated and specially trained
classification committee;
c) A hearing at which the inmate may be heard in person
and, absent an individualized determination of good cause,
has a reasonable opportunity to present available witnesses
and information;
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d) An interpreter, if necessary, for the inmate to
understand or participate in the proceedings;
e) An advocate to assist with the inmate's investigation;
f) An independent determination by the committee of the
reliability and credibility of confidential informants, as
specified; and,
g) A written statement in plain language setting forth the
specific evidence relied upon, and the reasons for,
validation.
2)States that the Office of the Inspector General (OIG),
commencing January 1, 2016, shall, prior to the placement of
an inmate in a SHU, 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 and that
the determination was supported by the evidence.
3)Provides if the OIG concludes that the security threat group
validation was not supported by the evidence, or that the
inmate was not provided the minimum level of due process, the
OIG shall notify the Institution Classification Committee of
its determination.
4)States if the Institution Classification Committee disagrees
with the OIG's determination, the OIG shall elevate its
concerns through the chain of supervision within the
California Department of Corrections and Rehabilitation (CDCR)
as necessary to resolve the dispute, up to and including the
Secretary of CDCR; and requires the placement of the inmate in
the SHU to be delayed until the dispute is resolved which must
be concluded within 30 days.
5)Requires the OIG to review each decision to deny an inmate's
progress in, or to regress an inmate in, the Step Down Program
if that decision involved confidential information.
6)Requires, commencing on January 1, 2015, an inmate placed in
the SHU as a result of a security threat group validation, to
be placed in the Step Down Program and, for inmates who were
placed in the SHU prior to January 1, 2015, sets a deadline of
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July 1, 2016 for CDCR's designated review board to place those
inmates in the Step Down Program.
7)Requires an inmate to receive an individualized plan, within
30 days of placement in the Step Down Program, and by July 1,
2015, for all inmates who began serving an indeterminate SHU
term prior to January 1, 2015; and requires a copy of the plan
to be provided to the inmate and a copy to be placed in the
inmate's central file.
8)Requires an inmate to be provided with promising or
evidence-based programming to promote successful assimilation
back into the general prison population.
9)States that an inmate in the Step Down Program shall be
assessed by a correctional counselor every 180 days, in order
to monitor the inmate's progress, and requires the
correctional counselor and the offender resource specialist to
provide the inmate with a progress report that outlines what
requirements the inmate is not meeting and what the offender
is expected to do to progress within the Step Down Program.
10)Requires an interpreter to be provided during these meetings,
if necessary, so that the inmate can understand and
participate in the assessment, and a copy of the resulting
progress report to be placed in the inmate's central file.
11)States that the inmate 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.
12)Requires CDCR to prepare a comprehensive reentry plan for
every inmate who will parole directly out of the SHU or the
Psychiatric Services Unit (PSU) into the community.
13)States, on or before July 1, 2016, and continually
thereafter, the OIG shall review the central file of each
inmate who is denied progress within the Step Down Program to
assess the CDCR's compliance with provisions in this bill
related to the Step Down Program.
14)Requires, within 30 days of an inmate beginning a determinate
SHU term, and by July 1, 2015, for all inmate who began
serving a determinate SHU term prior to January 1, 2015, CDCR
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to develop an individualized plan for the inmate, and requires
a copy of the plan to be provided to the inmate and a copy to
be placed in the inmate's central file.
15)States that an inmate serving a determinate SHU term shall be
provided with promising or evidence-based programming, and
specifies that information obtained from the inmate during the
programming shall not be used in a rules violation report
against the inmate, or to keep the inmate in the SHU.
16)Requires an inmate serving a determinate SHU term to be
assessed by a correctional counselor every 180 days, in order
to monitor the inmate's progress, where the inmate is to be
provided with a progress report that outlines what
requirements the inmate is not meeting and what the inmate is
expected to do to be eligible for additional privileges and
early release from the SHU.
17)Requires a copy of the progress report to be placed in the
inmate's central file.
18)Requires an interpreter to be provided during the assessment,
if necessary.
19)Allows an inmate serving a determinate SHU term to earn
credits toward reducing that term.
20)Mandates the OIG, commencing July 1, 2015, to review CDCR's
compliance with provisions in this bill related to developing
an individual plan for inmates in the SHU, and to issue
reports to the Governor and the Legislature, no less than
annually, summarizing its review.
21)Provides that an inmate in a SHU or PSU must have access to
educational programming, weekly face-to-face interaction with
uniformed and civilian staff, access to radio or television,
and the opportunity to earn additional specified privileges
and credits towards reduction of the inmate's sentence.
22)States that CDCR shall create a behavior-driven progressive
incentives program that includes, but is not limited to, the
following:
a) For any 30-day period where an inmate in the SHU or PSU
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does not receive a rules violation report:
i) One additional phone call in the following month;
and,
ii) One additional photograph, for a maximum of 10.
b) For any 180-day period where an inmate in the SHU or PSU
does not receive a rules violation report, the inmate shall
be entitled to one additional personal property package
with a maximum weight of 30 pounds.
23)States that the OIG shall, on or before July 1, 2016, and
biennially thereafter, review and assess CDCR's compliance
with the mental, physical, and social stimulation of inmates
and the behavior-driven progressive incentives program
required by this bill.
24)Requires mental health screening for an inmate placed in the
SHU by a qualified mental health professional within 30 days
before beginning a term in the SHU, and requires the OIG, on
or before July 1, 2016, and biennially thereafter, to perform
an audit to assess the CDCR's compliance with these
provisions.
25)Provides that all inmates segregated in a SHU as of January
1, 2015, shall undergo a mental health assessment by a
qualified mental health professional by July 31, 2015, and any
inmates found to be suffering from a serious mental illness
shall be removed from the SHU.
26)Requires CDCR to provide training to all correctional staff
in the SHU and PSU on how to respond to an individual
experiencing a psychiatric crisis in ways that reduce rather
than escalate the crisis.
27)States that CDCR must employ two ombudsmen to act as offender
resource specialists SHUs and PSUs, and 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, responding to an inmate's family member's
inquiries, and explaining SHU and PSU policies to the public.
28)Mandates CDCR, commencing July 1, 2015, to collect specified
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data regarding inmates subject to a term in a SHU.
29)Requires the OIG, commencing January 1, 2017, and biennially
thereafter, to use the data collected by CDCR to prepare
reports for the Legislature on specified criteria pertaining
to inmates in a SHU and a PSU.
30)Provides that an inmate in the SHU or the PSU who has
remained free of disciplinary action for six consecutive
months may be eligible for credits.
31)Requires the OIG to employ five secured housing specialists
to monitor the programming and conditions of SHUs, in addition
to assuming any related duties determined by the OIG.
32)Provides that any papers, correspondence, memoranda,
electronic communications, or other documents of the OIG
pertaining to the review of security threat group validations,
as specified, are not public records subject to the California
Public Records Act nor shall these be subject to discovery.
33)Makes various Legislative findings and declarations regarding
segregated housing in California's state prisons.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, significant ongoing General Fund (GF) costs, in the
$3 million range, for staffing, prescriptive procedures, and
audits and reports.
One-time capital outlay costs in the $1 million range for
exercise yards and security barriers.
Unknown annual GF savings, potentially in the low tens of
millions of dollars over the course of a decade, by making SHU
inmates eligible for sentence credits.
COMMENTS : According to the author, "The Department of
Corrections and Rehabilitation (CDCR) currently confines nearly
4,000 inmates in SHU facilities. Of these, almost 2,500 inmates
are serving indeterminate terms; many of the 2,500 are serving
SHU terms of several years or even decades.
"Psychological research has found that a lack of social
interaction can lead SHU inmates suffer from a variety of
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psychological and psychiatric illnesses. These can include
chronic insomnia, panic attacks, and symptoms of psychosis
(including hallucinations).
"SB 892 would create an infrastructure to ensure humane
conditions for SHU inmates, provide oversight and accountability
in the use of the SHU, provide for evidence-based programming to
inmates, and provide greater due process."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004810