Bill Text: CA SB490 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Death penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-08-25 - Hearing postponed by committee. [SB490 Detail]
Download: California-2011-SB490-Introduced.html
Bill Title: Death penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-08-25 - Hearing postponed by committee. [SB490 Detail]
Download: California-2011-SB490-Introduced.html
BILL NUMBER: SB 490 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hancock
FEBRUARY 17, 2011
An act to amend Sections 830.2, 830.5, 830.11, 6125, 6126, 6126.2,
6126.3, 6126.4, 6126.5, 6126.6, 6127.3, 6127.4, 6128, 6131, 6132,
and 6133 of, to add Sections 6127.5 and 6127.6 to, and to repeal
Sections 6126.1, 6127.1, and 6129 of, the Penal Code, relating to
corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 490, as introduced, Hancock. Corrections: Office of the
Inspector General.
(1) Existing law creates the independent Office of the Inspector
General and provides that it is not a subdivision of any other
government entity. The Inspector General and certain other employees
of the office are peace officers provided that the primary duty of
these peace officers is conducting audits of investigatory practices
and other audits, as well as conducting investigations, of the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice, and the Board of Parole Hearings.
This bill would remove the Inspector General and the other
employees from peace officer status, and authorize the Inspector
General and certain other employees to exercise the powers of arrest
and serving warrants, as provided.
(2) Existing law requires the Inspector General to, among other
things, review departmental policy and procedures, conduct audits of
investigatory practices and other audits, be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process, and conduct investigations of the department,
and audit each warden of an institution one year after his or her
appointment and each correctional institution at least once every 4
years.
The bill would revise and recast the duties of the Inspector
General by, among other things, requiring him or her to conduct,
report on, and track the resolution of, financial and performance
audits of the Department of Corrections and Rehabilitation's programs
and functions, conduct special reviews and assessments of the
department's programs and activities using methods other than
traditional audit and investigative disciplines, inspect all
correctional, medical, and other facilities of the department, and
advise the department, the Governor, and the Legislature in the
development of performance measures, standards, and procedures for
the evaluation of department programs.
The bill would require that by December 31, 2012, the Inspector
General establish, adopt, and implement regulations and procedures
regarding the review of the qualifications of candidates for the
position of warden or superintendent. The bill would also require
that by December 31, 2012, the Inspector General adopt regulations
and procedures regarding how certain issues, investigations, and
communications before the Inspector General would be considered and
selected for audit, special review, inspection, or advisement.
(3) Existing law makes it a misdemeanor for certain persons that
have assisted the Inspector General in the course of any audit or
investigation or that have been furnished a draft copy of any report
for comment or review to divulge or make known in any manner not
expressly permitted by law any particulars of any record, document,
or information the disclosure of which is restricted by law from
release to the public.
This bill would delete the reference to any audit or investigation
and instead make the misdemeanor applicable to certain persons that
have assisted the Inspector General in the course of its work.
Because the bill would expand the scope of a crime, it would impose a
state-mandated local program.
(4) Existing law requires the Inspector General, upon receiving a
complaint of retaliation from an employee against a member of
management at the department, to commence an inquiry into the
complaint and conduct a formal investigation where a legally
cognizable cause of action is presented, as provided.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The bill would delete those provisions.
The bill would also delete obsolete provisions and make conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.2 of the Penal Code is amended to read:
830.2. The following persons are peace officers whose authority
extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
(b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
(c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
(d) (1) Any member of the Office of Correctional Safety of the
Department of Corrections and Rehabilitation, provided that the
primary duties of the peace officer shall be the investigation or
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, the investigation of any violation of criminal law
discovered while performing the usual and authorized duties of
employment, and the coordination of those activities with other
criminal justice agencies.
(2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
(e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
(f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
(g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
(h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
(i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
(j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General, Chief Assistant Inspector General, Deputy
Inspector General In Charge, Senior Deputy Inspector General, Deputy
Inspector General, Senior Assistant Inspector General, Special
Assistant Inspector General, and those employees of the Inspector
General as designated by the Inspector General, are peace officers,
provided that the primary duty of these peace officers shall be
conducting audits of investigatory practices and other audits, as
well as conducting investigations, of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice and the Board of
Parole Hearings.
SEC. 2. Section 830.5 of the Penal Code is amended to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
(a) A parole officer of the Department of Corrections or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender Parole Board. Except as otherwise provided in
this subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) To the rendering of mutual aid to any other law enforcement
agency.
For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board is authorized to carry firearms, but only as determined by the
director on a case-by-case or unit-by-unit basis and only under those
terms and conditions specified by the director or chairperson. The
Department of the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority who comprise
"high-risk transportation details" or "high-risk escape details" no
later than June 30, 1995. This policy shall be implemented no later
than December 31, 1995.
The Department of the Youth Authority shall train and arm those
peace officers who comprise tactical teams at each facility for use
during "high-risk escape details."
(b) A correctional officer employed by the Department of
Corrections or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the
Youth and Adult Correctional Agency or any internal affairs
investigator under the authority of the Inspector General
or any employee of the Department of Corrections designated by the
Director of Corrections or any correctional counselor series employee
of the Department of Corrections or any medical technical assistant
series employee designated by the Director of Corrections or
designated by the Director of Corrections and employed by the State
Department of Mental Health or employee of the Board of Prison Terms
designated by the Secretary of the Youth and Adult Correctional
Agency or employee of the Department of the Youth Authority
designated by the Director of the Youth Authority or any
superintendent, supervisor, or employee having custodial
responsibilities in an institution operated by a probation
department, or any transportation officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections or the Department of
the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
Parole Board may carry a firearm while not on duty only when so
authorized by the chairperson of the board and only under the terms
and conditions specified by the chairperson. Nothing in this section
shall be interpreted to require licensure pursuant to Section 25400.
The director or chairperson may deny, suspend, or revoke for good
cause a person's right to carry a firearm under this subdivision.
That person shall, upon request, receive a hearing, as provided for
in the negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections, the Department of
the Youth Authority, or the Youthful Offender Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections shall allow reasonable access to
its ranges for officers and designees of either department to
qualify to carry concealable firearms off duty. The time spent on the
range for purposes of meeting the qualification requirements shall
be the person's own time during the person's off-duty hours.
(f) The Director of Corrections shall promulgate regulations
consistent with this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the Director
of the Youth Authority, or his or her designee. The director, or his
or her designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
SEC. 3. Section 830.11 of the Penal Code is amended to read:
830.11. (a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if they receive a course in the exercise of those powers
pursuant to Section 832. The authority and powers of the persons
designated under this section shall extend to any place in the state:
(1) Persons employed by the Department of Financial Institutions
designated by the Commissioner of Financial Institutions, provided
that the primary duty of these persons shall be the enforcement of,
and investigations relating to, the provisions of law administered by
the Commissioner of Financial Institutions.
(2) Persons employed by the Department of Real Estate designated
by the Real Estate Commissioner, provided that the primary duty of
these persons shall be the enforcement of the laws set forth in Part
1 (commencing with Section 10000) and Part 2 (commencing with Section
11000) of Division 4 of the Business and Professions Code. The Real
Estate Commissioner may designate persons under this section, who at
the time of their designation, are assigned to the Special
Investigations Unit, internally known as the Crisis Response Team.
(3) Persons employed by the State Lands Commission designated by
the executive officer, provided that the primary duty of these
persons shall be the enforcement of the law relating to the duties of
the State Lands Commission.
(4) Persons employed as investigators of the Investigations Bureau
of the Department of Insurance, who are designated by the Chief of
the Investigations Bureau, provided that the primary duty of these
persons shall be the enforcement of the Insurance Code and other laws
relating to persons and businesses, licensed and unlicensed by the
Department of Insurance, who are engaged in the business of
insurance.
(5) Persons employed as investigators and investigator supervisors
of the Consumer Services Division or the Rail Safety and Carrier
Division of the Public Utilities Commission who are designated by the
commission's executive director and approved by the commission,
provided that the primary duty of these persons shall be the
enforcement of the law as that duty is set forth in Section 308.5 of
the Public Utilities Code.
(6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board's executive
director, provided that the primary duty of these persons shall be
the enforcement of laws administered by the State Board of
Equalization.
(B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.
(7) Persons employed by the Department of Food and Agriculture and
designated by the Secretary of Food and Agriculture as
investigators, investigator supervisors, and investigator managers,
provided that the primary duty of these persons shall be enforcement
of, and investigations relating to, the Food and Agricultural Code or
Division 5 (commencing with Section 12001) of the Business and
Professions Code.
(8) The Inspector General, pursuant to Section 6125, the Chief
Deputy Inspector General, Chief Assistant Inspectors General, Deputy
Inspectors General In Charge, Senior Deputy Inspectors General,
Deputy Inspectors General, Senior Assistant Inspectors General,
Special Assistant Inspectors General, and those employees of the
Inspector General as designated by the Inspector General, provided
that the primary duty of these persons shall be the enforcement of
the law relating to the duties of the Office of the Inspector
General.
(b) Notwithstanding any other provision of law, persons designated
pursuant to this section may not carry firearms.
(c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
SEC. 4. Section 6125 of the Penal Code is amended to read:
6125. There is hereby created the independent Office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
The Inspector General may not be removed from office during that
term, except for good cause.
6125. (a) There is hereby created the independent
Office of the Inspector General which shall not be a subdivision of
any other governmental entity.
(b) The purpose of the Office of the Inspector General shall be to
promote management, fiscal and program competency, and
accountability in the state correctional system in furtherance of
public safety and evidence-based correctional practices.
(c) The Governor shall appoint, subject to confirmation by the
Senate, the Inspector General to a six-year term. The Inspector
General may not be removed from office during that term, except for
good cause.
(d) The Inspector General shall be deemed to be a department head
for the purpose of Section 11189 of the Government Code in connection
with any investigation or audit conducted pursuant to this chapter.
The Inspector General shall have authority to hire or retain counsel
to provide confidential advice during audits and investigations. If
the Attorney General has a conflict of interest in representing the
Inspector General in any litigation, the Inspector General shall have
authority to hire or retain counsel to represent the Inspector
General.
SEC. 5. Section 6126 of the Penal Code is amended to read:
6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process, and
conduct investigations of the Department of Corrections and
Rehabilitation, as requested by either the Secretary of the
Department of Corrections and Rehabilitation or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit of a warden shall include, but not be limited to, issues
relating to personnel, training, investigations, and financial
matters. Each four-year audit shall include an assessment of the
maintenance of the facility managed by the warden. The audit report
shall include all significant findings of the Inspector General's
assessment of facility maintenance. These audit reports shall be
provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) 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.
(e)
6126. 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.
SEC. 6. Section 6126.1 of the Penal Code is repealed.
6126.1. (a) The Inspector General shall establish a certification
program for peace officers under the Inspector General's
jurisdiction. The peace officer training course shall be consistent
with the standard courses utilized by the Commission on Peace Officer
Standards and Training and other major investigative offices, such
as county sheriff and city police departments and the Department of
the California Highway Patrol.
(b) Beginning January 1, 1999, peace officers under the Inspector
General's jurisdiction conducting investigations for the Office of
the Inspector General shall complete investigation training
consistent with standard courses utilized by other major law
enforcement investigative offices and be certified within six months
of employment.
(c) Beginning January 1, 1999, all peace officers under the
Inspector General's jurisdiction shall successfully pass a
psychological screening exam before becoming employed with the Office
of the Inspector General.
SEC. 7. Section 6126.2 of the Penal Code is amended to read:
6126.2. The Inspector General shall not hire as a peace
officer any person known to be directly or indirectly
involved in an open internal affairs investigation being conducted by
any federal, state, or local law enforcement agency or the Inspector
General.
SEC. 8. 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 audit
its work 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 (i) of Section 6127.5,
subdivision (c) (d) of Section 6128,
subdivision (a) or (b) of Section 6131, 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 audit
or investigation work 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.
SEC. 9. Section 6126.4 of the Penal Code is amended to read:
6126.4. It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation
its work or that has been furnished a draft copy of any report
for comment or review.
SEC. 10. Section 6126.5 of the Penal Code is amended to read:
6126.5. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation for any audit,
review, investigation, inspection, or
contemporaneous oversight other work authorized by
this chapter . Any officer or employee of any agency or entity
having these records or property in his or her possession or under
his or her control shall permit access to, and examination and
reproduction thereof consistent with the provisions of this section,
upon the request of the Inspector General or his or her authorized
representative.
(b) For the purpose of conducting any audit, review,
investigation, inspection, or contemporaneous oversight
other work authorized by this chapter , the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity being audited, investigated, or overseen to the same
extent that employees
or officers of that agency or public entity have access. No provision
of law or any memorandum of understanding or any other agreement
entered into between the employing entity and the employee or the
employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a). Access, examination, and reproduction
consistent with the provisions of this section shall not result in
the waiver of any confidentiality or privilege regarding any records
or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
SEC. 11. Section 6126.6 of the Penal Code is amended to read:
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules
, adopt, and implement, on or before December 31,
2012, regulations and procedures regarding the review of the
qualifications of candidates for the position of warden or
superintendent. Those rules regulations
and procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
( l ) Wardens who have been appointed but not
yet confirmed as of July 1, 2005, need not be reappointed to the
position after that date, but are subject to the review process
provided in this section.
SEC. 12. Section 6127.1 of the Penal Code is repealed.
6127.1. The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter. The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations. If the Attorney General has a conflict of interest in
representing the Inspector General in any litigation, the Inspector
General shall have authority to hire or retain counsel to represent
the Inspector General.
SEC. 13. Section 6127.3 of the Penal Code is amended to read:
6127.3. (a) In connection with an audit, investigation,
or inspection his or her duties authorized
pursuant to this chapter, the Inspector General, or his or her
designee, may do any of the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation pursuant to duties authorized by this
chapter .
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee. The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.
SEC. 14. Section 6127.4 of the Penal Code is amended to read:
6127.4. (a) The superior court in the county in which any
investigative interview is held under the
direction of the Inspector General or his or her designee
pursuant to duties authorized by this chapter has jurisdiction
to compel the attendance of witnesses, the making of oral or written
sworn statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the Inspector
General or his or her designee.
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena. The
petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the
investigative interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
SEC. 15. Section 6127.5 is added to the Penal Code, to read:
6127.5. (a) The Inspector General shall conduct, report on, and
track the resolution of, financial and performance audits of the
Department of Corrections and Rehabilitation's programs and
functions. Financial audits shall examine financial statements,
financially related activities, and monitor expenditures made under
the department's contracts, grants, and other agreements. Performance
audits shall review the practices and programs of the department to
determine whether the department is managing its resources in an
effective, economical, and efficient manner consistent with
evidence-based correctional practices and public safety. Financial
and performance audits conducted pursuant to this section shall be
conducted in accordance with professional auditing standards and
shall include recommended actions to correct deficiencies.
(b) The Inspector General shall conduct special reviews and
assessments of the department's programs and activities using methods
other than traditional audit and investigative disciplines. These
assessments and special reviews shall be limited to both of the
following:
(1) The department's operations and programs with respect to how
they can be more efficient, more economical, and more effective in
furtherance of public safety and evidence-based correctional
practices.
(2) The rules, regulations, and policies under which the
department operates, and how they can be revised to reduce
redundancies or otherwise improve the department's operations in a
manner consistent with the purposes of this chapter.
(c) The Inspector General shall inspect all correctional, medical,
and other facilities of the Department of Corrections and
Rehabilitation.
(d) The Inspector General shall advise the Department of
Corrections and Rehabilitation, the Governor, and the Legislature in
the development of performance measures, standards, and procedures
for the evaluation of department programs. The Inspector General
shall assess the reliability and validity of the information provided
by the department on performance measures and standards, and make
recommendations for improvement where necessary.
(e) The Secretary of the Department of Corrections and
Rehabilitation, the Governor, or a member of the Legislature may
request an audit, review, or inspection authorized by this section.
The Inspector General also may initiate an audit, review, or
inspection authorized by this section.
(f) The Inspector General shall coordinate audits, reviews, and
inspections authorized by this section, and shall facilitate
cooperation with external agencies, including, but not limited to,
the Bureau of State Audits and the Little Hoover Commission.
(g) On or before December 31, 2012, the Inspector General shall
adopt regulations and procedures for determining how the issues
before the Inspector General shall be considered and selected for
audit, special review, inspection, or advisement as authorized by
this section. These regulations and procedures shall include, but not
be limited to, both of the following:
(1) Intake procedures, including timeframes within which
communications shall be documented, referred, assessed, and, where
appropriate, investigated, or otherwise addressed.
(2) Uniform standards and benchmarks for identifying and selecting
issues for audit, special review, inspection, or advisement.
(h) Regulations and procedures adopted pursuant to subdivision (g)
shall include criteria for opening and conducting audits, reviews,
and inspections of significant correctional issues, including, but
not limited to, all of the following:
(1) Security procedures, including contraband interdiction.
(2) Employee hiring, retention, and training.
(3) Inmate, ward, and parolee classification procedures.
(4) Inmate, ward, and parolee administrative appeals and
grievances.
(5) Employee use of force.
(6) Prison Rape Elimination Act procedures.
(7) Inmate-patient health care delivery.
(8) Fiscal controls for contracts and grants.
(9) Informational technology.
(i) (1) Notwithstanding Section 10231.5 of the Government Code,
upon the completion of any audit, review, or inspection, the
Inspector General shall prepare a written report, which shall be
disclosed, along with all underlying materials the Inspector General
deems appropriate, to the Governor, the secretary of the department,
the appropriate director, chair, or law enforcement agency, and the
Legislature. Copies of all written reports shall be posted on the
Inspector General's Internet Web site within 10 days of being
disclosed to the above listed entities or persons.
(2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 16. Section 6127.6 is added to the Penal Code, to read:
6127.6. (a) The Inspector General may conduct investigations
concerning all of the following:
(1) Improper government activity, as defined in subdivision (b) of
Section 8547.2 of the Government Code.
(2) The circumstances surrounding the death of any individual in
the physical custody of the Department of Corrections and
Rehabilitation.
(3) The circumstances surrounding the death of any person not in
the physical custody of the Department of Corrections and
Rehabilitation allegedly caused by an inmate or ward.
(b) On or before December 31, 2012, the Inspector General shall
adopt regulations and procedures for determining how investigations
conducted pursuant to this section shall be considered and selected.
(c) Upon the completion of an investigation conducted pursuant to
this section, the Inspector General shall prepare a written report,
which shall be disclosed, along with all underlying materials the
Inspector General deems appropriate, in accordance with the
provisions set forth in subdivision (i) of Section 6127.5.
SEC. 17. Section 6128 of the Penal Code is amended to read:
6128. (a) The Office of the Inspector General may
receive shall accept and assess communications
from any individual, including those employed by any department,
board, or authority who believes he or she may have information that
may describe an improper governmental activity, as that term is
defined in subdivision (b) of Section 8547.2 of the Government Code.
It is not the purpose of these communications to redress
this section to provide for the redress of any
single disciplinary action or grievance that may routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public.
When appropriate, the Inspector General shall initiate an
investigation or audit of any alleged improper governmental activity.
However, any request to conduct an investigation shall be in
writing.
(c) When appropriate, the Inspector General shall initiate an
investigation of any alleged improper governmental activity as
authorized by this chapter.
(c)
(d) All identifying information, and any personal
papers or correspondence from any person who initiated the
investigation shall not be disclosed, except in those cases where the
Inspector General determines that disclosure of the information is
necessary in the interests of justice.
(e) On or before December 31, 2012, the Inspector General shall
adopt regulations and procedures for determining how communications
subject to this section shall be considered and selected for review
or investigation, as authorized by this section. These regulations
and procedures shall include, but not be limited to, those enumerated
in subdivision (g) of Section 6127.5.
SEC. 18. Section 6129 of the Penal Code is repealed.
6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation where a legally
cognizable cause of action is presented. All investigations conducted
pursuant to this section shall be performed in accordance with
Sections 6126.5 and 6127.3. The Inspector General may refer all other
matters for investigation by the appropriate employing entity,
subject to investigative oversight by the Inspector General. In a
case in which the employing entity declines to investigate the
complaint, it shall, within 30 days of receipt of the referral by the
Inspector General, notify the Inspector General of its decision. The
Inspector General shall thereafter, conduct his or her own inquiry
into the complaint. If, after reviewing the complaint, the Inspector
General determines that a legally cognizable cause of action has not
been presented by the complaint, the Inspector General shall
thereafter notify the complaining employee and the State Personnel
Board that a formal investigation is not warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board, or until the
complaint is rejected or otherwise dismissed by the Inspector General
or the employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the investigative report, together with all other underlying
investigative materials the Inspector General determines to be
relevant, to the appropriate director or chair who shall take
appropriate corrective action. In a case in which the Inspector
General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring authority
initiates disciplinary action as defined in Section 19570 of the
Government Code, it shall provide the subject with all materials
required by law.
(2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3) Any employee at any rank and file,
supervisory, or managerial level, who intentionally engages in acts
of reprisal, retaliation, threats, coercion, or similar acts against
another employee, pursuant to paragraph (2) of subdivision (a), shall
be disciplined by the employing entity by adverse action as provided
in Section 19572 of the Government Code. The disciplinary action
shall require, at a minimum, a suspension for not less than 30 days
without pay, except in a case in which the employing entity
determines that a lesser penalty is warranted. In that case, the
employing entity shall, within 30 days of receipt of the
investigative report, provide written justification for that decision
to the Inspector General. The employing entity shall also, within 30
days of receipt of the written report, notify the Inspector General
in writing as to what steps, if any, it has taken to remedy the
retaliatory conduct found to have been committed by any of its
employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative report from the
Inspector General, and shall notify the Inspector General of the
specific reasons why the director or chair declined to invoke adverse
action proceedings against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other underlying
investigative materials the Inspector General deems to be relevant,
to the State Personnel Board so that the complaining employee can
request leave to file charges against the employee found to have
engaged in acts of reprisal, retaliation, threats, or similar acts,
in accordance with the provisions of Section 19583.5 of the
Government Code. If the State Personnel Board accepts the complaint,
the board shall provide the charged and complaining parties with a
copy of all relevant materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
SEC. 19. Section 6131 of the Penal Code is amended to read:
6131. (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, the appropriate
director, chairperson, or law enforcement agency, and the
Legislature. Copies of all those written reports shall be posted on
the Inspector General's Internet Web site within 10 days of being
disclosed to the above-listed entities or persons.
(b)
6131. (a) Upon the completion of any
investigation conducted by the Inspector General, he or she shall
prepare a complete written report, which shall be held as
confidential and disclosed in confidence, along with all underlying
investigative materials the Inspector General deems appropriate, to
the Governor, the Secretary of the Department of Corrections and
Rehabilitation, and the appropriate director, chairperson, or law
enforcement agency.
(c)
(b) Upon the completion of any investigation conducted
by the Inspector General, he or she shall also prepare and issue on a
quarterly basis a public investigative report that includes all
investigations completed in the previous quarter. The public
investigative report shall differ from the complete investigative
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 investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials. In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted. The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
(1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public investigative report on his or her Internet Web site and
provide copies of the report and order to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative report on his or
her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
(4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings. The Inspector
General shall thereafter post the public investigative report on his
or her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on his or her Internet
Web site and provide copies of the report to the Legislature, as well
as to any complaining employee and any employee who was the subject
of the investigation.
(6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
SEC. 20. Section 6132 of the Penal Code is amended to read:
6132. The (a)
Notwithstanding Section 10231.5 of the Government Code, the
Inspector General shall report annually to the Governor and the
Legislature a summary of his or her investigations and
audits . The summary shall be posted on the Inspector
General's Web site and otherwise made available to the public upon
its release to the Governor and the Legislature. The summary shall
include, but not be limited to, significant problems discovered by
the Inspector General, and whether recommendations the Inspector
General has made through audits and investigations
have been implemented by the subject agency, department, or
board .
(b) A report pursuant to subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 21. Section 6133 of the Penal Code is amended to read:
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Department of Corrections and
Rehabilitation investigations conducted by the Department
of Corrections and Rehabilitation's Office of Internal
Affairs Rehabilitation . The BIR shall also be
responsible for advising the public regarding the adequacy of each
investigation, and whether discipline of the subject of the
investigation is warranted. The BIR shall have discretion to provide
public oversight of other Department of Corrections and
Rehabilitation personnel investigations as needed.
(c) (1) The Notwithstanding Section
10231.5 of the Government Code, the BIR shall issue
regular reports, no less than annually, to the Governor and the
Legislature summarizing its recommendations concerning its oversight
of the Department of Corrections and Rehabilitation allegations of
internal misconduct and use of force. The BIR shall also issue
regular reports, no less than semiannually, summarizing its oversight
of Office of Internal Affairs the Department
of Corrections and Rehabilitation investigations pursuant to
subdivision (b). The reports shall include, but not be limited to,
the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.
(4) A report pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 22. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
