Bill Text: CA AB2239 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 2239 (Prior Session Legislation)

Introduced

Bill Title: Department of Corrections and Rehabilitation:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-21 - From committee without further action pursuant to Joint Rule 62(a). [AB2239 Detail]

Download: California-2009-AB2239-Introduced.html

BILL NUMBER: AB 2239	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 18, 2010

   An act to amend Section 5058 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2239, as introduced, Hagman. Department of Corrections and
Rehabilitation: administration: rulemaking procedures.
   Existing law authorizes the Director of the Department of
Corrections and Rehabilitation to prescribe rules and adopt
regulations for the administration of the prisons and administration
of paroles pursuant to the Administrative Procedure Act, as
specified, but exempts from that requirement regulations relating to
pilot programs or to imminent danger, as specified.
   This bill would also exempt from that requirement rules that
relate to the procedures, training of staff, staffing levels, design
and layout of an execution chamber, or related processes for the
administration of the death penalty, as specified. The bill would
provide that its provisions shall not be deemed to alter or otherwise
apply to habeas corpus or appellate procedures in capital cases.
   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 5058 of the Penal Code is amended to read:
   5058.  (a) The director may prescribe and amend rules and
regulations for the administration of the prisons and for the
administration of the parole of persons sentenced under Section 1170
except those persons who meet the criteria set forth in Section 2962.
The rules and regulations shall be promulgated and filed pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, except as otherwise provided in
this section and Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated in language
that is easily understood by the general public.
   For any rule or regulation filed as regular rulemaking as defined
in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the
California Code of Regulations, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them no
less than 20 days prior to its effective date.
   (b) The director shall maintain, publish and make available to the
general public, a compendium of the rules and regulations
promulgated by the director pursuant to this section and Sections
5058.1 to 5058.3, inclusive.
   (c) The following are deemed not to be "regulations" as defined in
Section 11342.600 of the Government Code:
   (1) Rules issued by the director applying solely to a particular
prison or other correctional facility, provided that the following
conditions are met:
   (A) All rules that apply to prisons or other correctional
facilities throughout the state are adopted by the director pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
   (B) All rules except those that are excluded from disclosure to
the public pursuant to subdivision (f) of Section 6254 of the
Government Code are made available to all inmates confined in the
particular prison or other correctional facility to which the rules
apply and to all members of the general public.
   (2) Short-term criteria for the placement of inmates in a new
prison or other correctional facility, or subunit thereof, during its
first six months of operation, or in a prison or other correctional
facility, or subunit thereof, planned for closing during its last six
months of operation, provided that the criteria are made available
to the public and that an estimate of fiscal impact is completed
pursuant to Sections 6650 to 6670, inclusive, of the State
Administrative Manual.
   (3) Rules issued by the director that are excluded from disclosure
to the public pursuant to subdivision (f) of Section 6254 of the
Government Code. 
   (4) (A) Rules that relate to the procedures, training of staff,
staffing levels, design and layout of an execution chamber, or
related processes for the administration of the death penalty
pursuant to Chapter 1 (commencing with Section 3600) of Title 3.
 
   (B) This paragraph shall not be deemed to alter or otherwise apply
to habeas corpus or appellate procedures in capital cases.