Bill Text: CA SB441 | 2009-2010 | Regular Session | Amended
Bill Title: Corrections: Board of Community Corrections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-08-04 - Hearing postponed by committee. [SB441 Detail]
Download: California-2009-SB441-Amended.html
BILL NUMBER: SB 441 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Ducheny
(Coauthor: Senator Hancock)
FEBRUARY 26, 2009
An act to amend Sections 6024 and 6027 of
An act to amend Sections 6025, 6027, 13601, 13602, and 13603 of, and
to repeal and add Sections 6024 and 13600 of, the Penal Code,
relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 441, as amended, Ducheny. Corrections: Corrections
Standards Authority. Board of Community Corrections.
Existing law provides that there is established within the
Department of Corrections and Rehabilitation the Corrections
Standards Authority and provides for its membership, as
specified. Existing law abolished the former Commission on
Correctional Peace Officer Standards and Training and provided that
all references to it shall refer to the Corrections Standards
Authority .
This bill would provide that, commencing July 1, 2010,
the Corrections Standards Authority shall no longer be within the
Department of Corrections and Rehabilitation. abolish
the Corrections Standards Authority and establish the Board of
Community Corrections to replace it, with modifications to its
membership, as specified. The bill would specify that the Board of
Community Corrections shall be an entity independent of the
Department of Corrections and Rehabilitation. The bill would repeal
provisions that abolished the Commission on Correctional Peace
Officer Standards and Training and reestab lish, within
the Department of Corrections and Rehabilitation, the Commission on
Correctional Peace Officer Standards and Training, as specified, and
make conforming changes.
Existing law provides that it is the duty of the Corrections
Standards Authority to make a study of the entire subject of crime,
as specified, and to report its findings, conclusions, and
recommendations to the Governor and the Legislature at such times as
they may require.
This bill would make this study the duty of the Board of
Community Corrections and make certain revisions in regards to
what that study is to include.
This bill would take effect on July 1, 2010.
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 6024 of the Penal Code is
amended to read:
6024. Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished. Commencing July 1,
2010, the Corrections Standards Authority shall no longer be within
the Department of Corrections and Rehabilitation.
SECTION 1. Section 6024 of the Penal
Code is repealed.
6024. Commencing July 1, 2005, there is hereby established within
the Department of Corrections and Rehabilitation the Corrections
Standards Authority. As of July 1, 2005, any reference to the Board
of Corrections refers to the Corrections Standards Authority. As of
that date, the Board of Corrections is abolished.
SEC. 2. Section 6024 is added to the
Penal Code , to read:
6024. Commencing July 1, 2010, there is hereby established the
Board of Community Corrections. The Board of Community Corrections
shall be an entity independent of the Department of Corrections and
Rehabilitation. As of July 1, 2010, any references to the Board of
Corrections or the Corrections Standards Authority shall refer to the
Board of Community Corrections. As of that date, the Corrections
Standards Authority is abolished.
SEC. 3. Section 6025 of the Penal Code
is amended to read:
6025. (a) Commencing July 1, 2005 2010
, the Corrections Standards Authority
Board of Community Corrections shall be composed of 19
17 members, one of whom shall be the Secretary
of the Department of Corrections and Rehabilitation, or his or her
designee , who shall be designated as the chairperson, and
four of whom shall be subordinate officers of the secretary. At least
one subordinate officer shall be a manager or administrator of a
state correctional facility for adult offenders, and at least one
subordinate officer shall be a manager or administrator of a state
correctional facility for juvenile offenders and one
who shall be a subordinate officer of the secretary
overseeing the areas of parole or juvenile justice. The Judicial
Council shall appoint one superior court judge as a member. The
Governor shall appoint a chair, subject to Senate confirmation, with
experience in a variety of criminal justice policies and systems in
California, including, but not limited to, parole, probation,
community reentry, juvenile justice, and local law enforcement
. The remaining 14 13 members shall be
appointed by the Governor after consultation with, and with the
advice of, the secretary and the chair , and with the
advice and consent of the Senate. The gubernatorial appointments
shall include all of the following:
(1) A county sheriff in charge of a local detention facility which
has a Board of Community Corrections Standards
Authority rated capacity of 200 or less inmates.
(2) A county sheriff in charge of a local detention facility which
has a Board of Community Corrections Standards
Authority rated capacity of over 200 inmates.
(3) A county supervisor or county administrative officer.
(4) A chief probation officer from a county with a population over
200,000.
(5) A chief probation officer from a county with a population
under 200,000.
(6) A manager or administrator of a county local detention
facility.
(7) An administrator of a local community-based correctional
program.
(8) Two public members, at least one of whom
A public member who shall represent the interests of crime
victims.
(9) Four rank and file representatives: one juvenile probation
officer who is a first-line supervisor or lower rank, with a minimum
of five years of experience as a juvenile probation officer; one
deputy sheriff who is a sergeant or lower rank, with a minimum of
five years of experience in an adult correctional facility; one state
parole officer or parole agent; and one person with a minimum of
five years experience working in a state adult correctional facility.
(10) A representative of a community-based youth service
organization.
(b) The terms of the members appointed by the Governor shall
expire as follows: seven on July 1, 2007 2012
, and seven on July 1, 2008 2013. The
term for the member appointed by the Judicial Council shall expire on
July 1, 2013 . Successor members shall hold office for terms
of three years, each term to commence on the expiration date of the
predecessor. Any appointment to a vacancy that occurs for any reason
other than expiration of the term shall be for the remainder of the
unexpired term. Members are eligible for reappointment.
(c) The authority board shall select
a vice chairperson from among its members. Ten members of the board
shall constitute a quorum.
(d) When the authority is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
(e) If any appointed member is not in attendance for three
consecutive meetings the authority board
may recommend to the Governor that the member be removed and
the Governor may make a new appointment, with the advice and consent
of the Senate, for the remainder of the term.
SEC. 2. SEC. 4. Section 6027 of the
Penal Code is amended to read:
6027. It shall be the duty of the Corrections Standards
Authority Board of Community Corrections to make
a study of the entire subject of crime, with particular reference to
conditions in the State of California, including causes of crime,
best practices in the field of crime prevention, detection of crime
and apprehension of criminals, methods of prosecution of persons
accused of crime, and the entire subject of penology, including
standards and training for correctional personnel, and to report its
findings, conclusions, and recommendations to the Governor and the
Legislature at such times as they may require.
SEC. 5. Section 13600 of the Penal Code
is repealed.
13600. (a) Commencing July 1, 2005, any reference to the
Commission on Correctional Peace Officer Standards and Training or
"CPOST" shall refer to the Corrections Standards Authority
established pursuant to Chapter 5 (commencing with Section 6024) of
Title 7 of Part 3. As of that date, the Commission on Correctional
Peace Officer Standards and Training is abolished.
(b) The Legislature finds and declares that peace officers of the
state correctional system, including youth and adult correctional
facilities, fulfill responsibilities that require creation and
application of sound selection criteria for applicants and standards
for their training prior to assuming their duties. For the purposes
of this section, correctional peace officers are peace officers as
defined in Section 830.5 and employed or designated by the Department
of Corrections and Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the Department of Corrections and Rehabilitation in the
custody and care of the state's offender population. The greater
degree of professionalism which will result from sound screening
criteria and a significant training curriculum will greatly aid the
department in maintaining smooth, efficient, and safe operations and
effective programs in the department.
(c) The Secretary of the Department of Corrections and
Rehabilitation shall, with advice from the Corrections Standards
Authority, appoint a subordinate officer to serve as executive
director of the board. The subordinate officer shall serve at the
pleasure of the secretary. The subordinate officer shall appoint
staff as provided for in the annual Budget Act, beginning in the
2005-06 fiscal year.
SEC. 6. Section 13600 is added to the
Penal Code , to read:
13600. (a) The Legislature finds and declares that peace officers
of the state correctional system, including youth and adult
correctional facilities, have a role in the criminal justice system
that requires the creation and application of sound selection
criteria for applicants and their training prior to assuming their
duties. For the purposes of this section, correctional peace officers
are peace officers as defined in Section 830.5 and employed by the
Department of Corrections and Rehabilitation.
The Legislature further finds that sound applicant selection and
training are essential to public safety and in carrying out the
missions of the department in the custody and care of the state's
offender population. The greater degree of professionalism which will
result from sound screening criteria and a significant training
curriculum will greatly aid the department in maintaining smooth,
efficient, and safe operations and effective programs.
(b) There is within the Department of Corrections and
Rehabilitation a Commission on Correctional Peace Officer Standards
and Training, hereafter referred to as the CPOST.
(c) (1) The executive board of the CPOST shall be composed of
seven voting members.
(A) Three members shall be from, appointed by, and represent the
management of the department.
(B) Three members shall be from, appointed by, and represent the
membership of the California Correctional Peace Officers'
Association. Two members shall be rank and file persons from State
Bargaining Unit 6 and one member shall be supervisory.
(C) The seventh member shall have at least five years experience
in a higher education environment providing instruction in either
corrections or employee training. This member shall be selected as
follows:
(i) Within three months of appointment, the group of three members
appointed pursuant to subparagraph (A) and the group of three
members appointed pursuant to subparagraph (B) shall each nominate
five persons who are qualified to be appointed as a member pursuant
to subparagraph (C).
(ii) The group of three members appointed pursuant to subparagraph
(A) and the group of three members appointed pursuant to
subparagraph (B) shall alternatively strike one name from the
combined list of 10 nominees. The last name remaining shall be the
seventh member and shall serve a term of three years. The order in
which the group appointed pursuant to subparagraph (A) and the group
appointed pursuant to subparagraph (B) strike names from the list
shall initially be determined by lot.
(iii) Six months prior to the expiration of the seventh member's
term, the six members of the commission appointed pursuant to
subparagraphs (A) and (B) shall vote on whether to extend the seventh
members' term for an additional term of three years. If the six
voting members fail to extend the seventh member's term by a majority
vote, the Commission shall replace that member with a new member
appointed pursuant to the initial procedure used to appoint a seventh
member.
(D) Appointments shall be for three years.
(2) Each appointing authority shall appoint one alternate member
for each regular member whom they appoint pursuant to paragraph (1).
Every alternate member shall possess the same qualifications as the
regular member and shall substitute for, and vote in place of, the
regular member whenever he or she is absent.
(d) The rules for voting on the executive board of the CPOST shall
be as follows:
(1) Decisions shall be made by a majority vote.
(2) Proxy voting shall not be permitted.
(3) Tentative approval of a decision may be taken by a telephone
vote. The CPOST members' decision shall be documented in writing and
submitted to the CPOST for confirmation at the next scheduled CPOST
meeting so as to become a part of the permanent record.
(e) The executive board of the CPOST shall adopt rules as it deems
necessary for efficient operations, including, but not limited to,
the appointment of advisory members for forming whatever subcommittee
it deems necessary to conduct its business. These rules shall be in
conformance with the State Personnel Board rules and regulations, the
Department of Personnel Administration rules and regulations, and
the provisions of the State Bargaining Unit 6 Memorandum of
Understanding.
SEC. 7. Section 13601 of the Penal Code
is amended to read:
13601. (a) The Corrections Standards Authority
CPOST shall develop, approve, and monitor standards for
the selection and training of state correctional peace officer
apprentices. Any standard for selection established under this
subdivision shall be subject to approval by the State Personnel
Board. Using the psychological and screening standards established by
the State Personnel Board, the State Personnel Board or the
Department of Corrections and Rehabilitation , Division of
Juvenile Facilities shall ensure that, prior to training,
each applicant who has otherwise qualified in all physical and other
testing requirements to be a peace officer in either a youth or adult
correctional facility, is determined to be free from emotional or
mental conditions that might adversely affect the exercise of his or
her duties and powers as a peace officer.
(b) The authority CPOST may approve
standards for a course in the carrying and use of firearms for
correctional peace officers that is different from that prescribed
pursuant to Section 832. The standards shall take into consideration
the different circumstances presented within the institutional
setting from that presented to other law enforcement agencies outside
the correctional setting.
(c) Notwithstanding Section 3078 of the Labor Code, the length of
the probationary period for correctional peace officer apprentices
shall be determined by the authority CPOST
subject to approval by the State Personnel Board, pursuant to
Section 19170 of the Government Code.
(d) The authority CPOST shall
develop, approve, and monitor standards for advanced rank-and-file
and supervisory state correctional peace officer and training
programs for the Department of Corrections and Rehabilitation. When a
correctional peace officer is promoted within the department, he or
she shall be provided with and be required to complete these
secondary training experiences.
(e) The authority CPOST shall
develop, approve, and monitor standards for the training of state
correctional peace officers in the department in the handling of
stress associated with their duties.
(f) Toward the accomplishment of the objectives of this act, the
authority CPOST may confer with, and
may avail itself of the assistance and recommendations of, other
state and local agencies, boards, or commissions.
(g) Notwithstanding the authority of the authority
CPOST , the department shall design and deliver
training programs, shall conduct validation studies, and shall
provide program support. The authority shall monitor program
compliance by the department.
(h) The authority CPOST may
disapprove any training courses created by the department pursuant to
the standards developed by the authority
CPOST if it determines that the courses do not meet the
prescribed standards.
(i) The authority CPOST shall
annually submit an estimate of costs to conduct those inquiries and
audits as may be necessary to determine whether the department and
each of its institutions and parole regions are adhering to the
standards developed by the authority CPOST
, and shall conduct those inquiries and audits consistent with
the annual Budget Act.
(j) The authority CPOST shall
establish and implement procedures for reviewing and issuing
decisions concerning complaints or recommendations from interested
parties regarding authority rules, regulations, standards, or
decisions.
SEC. 8. Section 13602 of the Penal Code
is amended to read:
13602. (a) The Department of Corrections and Rehabilitation may
use the training academy at Galt or the training center in Stockton.
The academy at Galt shall be known as the Richard A. McGee Academy.
The training divisions, in using the funds, shall endeavor to
minimize costs of administration so that a maximum amount of the
funds will be used for providing training and support to correctional
peace officers while being trained by the department.
(b) Each new cadet who attends an academy shall complete the
course of training, pursuant to standards approved by the
Corrections Standards Authority CPOST before he
or she may be assigned to a post or job as a peace officer. Every
newly appointed first-line or second-line supervisor in the
Department of Corrections and Rehabilitation shall complete the
course of training, pursuant to standards approved by the
authority CPOST for that position.
(c) The Department of Corrections and Rehabilitation shall make
every effort to provide training prior to commencement of
supervisorial duties. If this training is not completed within six
months of appointment to that position, any first-line or second-line
supervisor shall not perform supervisory duties until the training
is completed.
SEC. 9. Section 13603 of the Penal Code
is amended to read:
13603. (a) The Department of Corrections and Rehabilitation shall
provide 16 weeks of training to each correctional peace officer
cadet. Except as provided by subdivision (b), this training shall be
completed by the cadet prior to his or her assignment to a post or
position as a correctional peace officer.
(b) If an agreement is reached between the department and the
bargaining unit for the correctional peace officers that this
subdivision shall apply, and with the approval of the
Corrections Standards Authority CPOST on how to
implement the on-the-job training requirements of this subdivision,
the department shall provide a total of 16 weeks of training to each
correctional peace officer cadet as follows:
(1) Twelve weeks of the training shall be at the department's
training academy. Cadets shall be sworn in as correctional peace
officers upon the completion of this initial 12 weeks.
(2) Four weeks shall be at the institution where the cadet is
assigned to a post or position.
(c) The department shall provide a minimum of two weeks of
training to each newly appointed first-line supervisor.
(d) Training standards previously established pursuant to this
section shall remain in effect until training requirements are
established by the Corrections Standards Authority
CPOST pursuant to Section 13602.
SEC. 10. This act shall become operative on July
1, 2010.
