Bill Text: CA SB519 | 2023-2024 | Regular Session | Amended
Bill Title: Corrections.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-10-04 - Chaptered by Secretary of State. Chapter 306, Statutes of 2023. [SB519 Detail]
Download: California-2023-SB519-Amended.html
Amended
IN
Assembly
July 05, 2023 |
Amended
IN
Senate
April 13, 2023 |
Introduced by Senator Atkins (Principal coauthor: Assembly Member Weber) (Coauthors: Senators Blakespear, Skinner, and Wiener) |
February 14, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes a board of supervisors of any county to, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which has jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. Existing law, except as specified, requires the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified.
This bill would require a board exercising the authority to establish a department of corrections and rehabilitation described above to set forth its reasons for doing so. The
bill would specifically include fire camps within the jurisdiction of the department of corrections and rehabilitation. The bill would also require the executive officer appointed by the board to head the department of corrections and rehabilitation to meet specified qualifications and to assume specified duties over county jails. The bill would also revise the provision requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons to state that the provision does not apply in counties that have established a department of corrections and rehabilitation pursuant to the authority described above.
The
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)The board of supervisors of any county may, by resolution, establish a department of corrections and rehabilitation, to be headed by an executive officer appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and
rehabilitation of
incarcerated persons, including, but not limited to, the county jail, industrial farms, and fire or road camps, their functions and personnel.
(b)If a board of supervisors exercises the authority conferred by subdivision (a), the board shall set forth its reasons for establishing a department of corrections and
rehabilitation, which may include, but are not limited to, any of the following findings:
(1)A department of corrections and rehabilitation will better protect public health and safety.
(2)There has been a disproportionate increase in deaths within the county jail.
(3)There is persistent unequal treatment of individuals within a protected class under the Unruh Civil Rights Act (Section 51 of the Civil Code).
(4)A department of corrections and rehabilitation will provide better administration or operation of the county jail.
(5)There has been persistent abuse or disregard of the civil and human rights of individuals within the county jail.
(6)There has been a violation of a federal decree or settlement relating to institutional punishment and rehabilitation.
(7)County jail operations have failed to adhere to Title 15 of the California Code of Regulations.
(8)The county jail failed to secure accreditation by one or more national corrections associations.
(c)If a board of supervisors exercises the authority conferred by subdivision (a), the executive officer appointed by the board shall meet all of the following qualifications:
(1)Either of the following:
(A)Professional experience in corrections management.
(B)Extensive familiarity with Title 15 of the California Code of Regulations and national standards for jail accreditation.
(2)Extensive familiarity with the requirements of appropriate medical and mental health care within a corrections setting.
(3)Demonstrated commitment to protecting the civil and human rights of incarcerated individuals.
(4)Knowledge of best practice and evidence-based approaches to rehabilitation.
(d)If a board of supervisors exercises the authority conferred by subdivision (a), the executive officer appointed by the board shall assume a sheriff’s duties under Chapter 1 (commencing with Section 4000) of Title 4 of Part 3 of the Penal Code and under the provisions of Article 1 (commencing with Section 26600) of
Chapter 2 of Part 3 of Division 2 of Title 3 pertaining to a county jail.
(e)The boards of supervisors of two or more counties may, by agreement and the enactment of ordinances in conformity thereto, establish a joint department of corrections
and rehabilitation to serve all the counties included in the agreement, to be headed by an
executive officer appointed by the boards jointly.
(a)Notwithstanding any other provision of law, the sheriff shall take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons in it including persons confined to the county jail pursuant to subdivision (b) of Section 3454 of the
Penal Code for a violation of the terms and conditions of their postrelease community supervision, except for work furlough facilities where by county ordinance the work furlough administrator is someone other than the sheriff.
(b)Subdivision (a) does not apply to either of the following:
(1)A county in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the incarcerated persons in it.
(2)A county that has established a department of corrections and rehabilitation pursuant to Section 23013.
SEC. 3.SECTION 1.
Section 832.10 is added to the Penal Code, to read:832.10.
(a) For purposes of this section, the following definitions shall apply:(4)“Subject officer” means a custodial officer, or responsible health care staff, against whom possible misconduct was alleged or whose actions were reviewed during an administrative or criminal investigation of a death incident.
(1)Any
(2)Any local detention facility personnel record of a subject officer.
(2)The record shall include instances where the subject officer resigned before the local detention facility or oversight agency concluded its investigation into the death incident.
(3)A record from a separate and prior investigation or assessment of a separate death incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(d)Notwithstanding Section 832.7, the local detention facility may do any of the following:
(1)Release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed.
(2)Disseminate data regarding the number, type, or disposition of complaints made against its subject officers if that information is in a form that does not identify the individuals involved.
(3)Release factual information concerning a disciplinary investigation if the subject officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information shall not be disclosed by the local detention facility unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the local detention facility pursuant to this paragraph is limited to facts contained in the subject officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the subject officer or their agent or representative.
(e)(1)The local detention facility shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.
(2)The notification described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.
(f)
(g)
(h)
(i)