Bill Text: CA SB716 | 2013-2014 | Regular Session | Amended
Bill Title: Inmates: civil rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB716 Detail]
Download: California-2013-SB716-Amended.html
BILL NUMBER: SB 716 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to add Sections 2635.5, 2644, 2645,
2646, and 2647 , and 2648 to, and to
repeal and add Sections 2635, 2636, 2637, 2638, 2639, and 2643 of,
the Penal Code, relating to inmates.
LEGISLATIVE COUNSEL'S DIGEST
SB 716, as amended, Lara. Inmates: civil rights.
Existing law requires the Department of Corrections and
Rehabilitation to institute certain practices to prevent sexual
violence and promote inmate and ward safety in the Department of
Corrections and Rehabilitation.
This bill would require the department,
department and all local corrections agencies and
departments statewide, and all private corrections companies
; city, county, city and county, and regional juvenile
justice facilities; police lockups; and all private confinement
companies, as defined, to create a safe environment
free from sexual abuse for inmates or arrestees, including those
inmates or arrestees subject to a United States Immigration and
Customs Enforcement hold, by adopting policies and procedures
equivalent to or stronger than implementing
specified federal regulations. The bill would require the
entities to audit, on a 3-year cycle, all facilities operated by the
agency, department, or company, as specified. The bill would require
the Attorney General Board of State and
Community Corrections to provide means for members of the
public to raise concrete and specific concerns about the
sufficiency material insufficiency of the
published policies or procedures and would require the
Attorney General board to certify auditors
, create a standard audit report format, and recommend or
require the agency, department, or company to audit specified
facilities when there is sufficient reason to believe that a pattern
and practice of sexual abuse is occurring in the facility. The
bill would specify penalties for agencies, departments, and companies
that are delinquent for or fail an audit.
Because this bill would require a higher level of service from
county and local correctional facilities, it would create a
state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 2635 of the Penal Code is repealed.
SEC. 2. Section 2635 is added to the Penal Code, to read:
2635. The Department of Corrections and Rehabilitation, each
local corrections agency, agency; each city,
county, city and county, and regional juvenile justice agency; each
city, county, city and county, and regional police lockup; and
each private corrections confinement
company shall create a safe environment free from sexual abuse for
inmates or arrestees, including those inmates or arrestees subject to
a United States Immigration and Customs Enforcement hold, by
adopting policies and procedures equivalent to or stronger
than those in the relevant sections of implementing
the United States Department of Justice's National Standards to
Prevent, Detect, and Respond to Prison Rape.
SEC. 3. Section 2635.5 is added to the
Penal Code , to read:
2635.5. For purposes of this article, the following definitions
shall apply:
(a) "Board" shall mean the Board of State and Community
Corrections.
(b) "Detainee" means a person confined in a facility under
government authority, including arrestees, pretrial and post
conviction inmates, prisoners, minors in the juvenile justice system,
and federal detainees held in any city, county, city and county,
regional, or private facility.
(c) "Full implementation" means that every facility of an agency,
department, or company shall be compliant with all material
requirements of the policies and procedures produced pursuant to this
article. Full compliance may be achieved with de minimus violations
or discrete and temporary violations during otherwise sustained
periods of compliance.
(d) "Jail" means a confinement facility of a city, county, city
and county, or regional law enforcement agency that has, as its
primary use, the detention of persons pending adjudication of
criminal charges, persons committed to confinement for a misdemeanor
or pursuant to subdivision (h) of Section 1170, persons adjudicated
guilty who are awaiting transfer to a state prison, or persons held
under the authority of the federal government.
(e) "Juvenile justice agency" means a city, county, city and
county, or regional government entity that confines juveniles
pursuant to the juvenile justice system, the criminal justice system,
or under the authority of the federal government.
(f) "Lockup" means a facility belonging to a state, county, or
local law enforcement agency for the temporary confinement of
individuals who have recently been arrested, detained, or are being
transferred to or from a court, jail, prison, or other agency.
(g) "Private confinement company" means a for-profit or nonprofit
company operating in the state that detains individuals, or that
manages a facility that detains individuals, on behalf of a federal,
city, county, city and county, or regional government.
SEC. 3. SEC. 4. Section 2636 of the
Penal Code is repealed.
SEC. 4. SEC. 5. Section 2636 is
added to the Penal Code, to read:
2636. The Department of Corrections and Rehabilitation
and each jail facility shall adopt and implement policies and
procedures at least as strong as those detailed in
consistent with the requirements of Sections 115.5 to
115.86, inclusive, of Title 28 of the Code of Federal Regulations for
all facilities that house adult inmates, including pretrial inmates
and federal detainees. Adoption of these policies or procedures shall
take place no later than July 1, 2014. Full implementation of the
policies or procedures shall be completed no later than
January 1, 2016 July 1, 2015 .
SEC. 5. SEC. 6. Section 2637 of the
Penal Code is repealed.
SEC. 6. SEC. 7. Section 2637 is
added to the Penal Code, to read:
2637. Each state or local lockup shall adopt
and implement policies or procedures at least as strong as
those detailed in consistent with the requirements of
Sections 115.5, 115.6, and 115.111 to 115.186, inclusive, of
Title 28 of the Code of Federal Regulations. Adoption of these
policies or procedures shall take place no later than July 1, 2014.
Full implementation of the policies or procedures shall be completed
no later than January 1, 2016 July 1, 2015
.
SEC. 7. SEC. 8. Section 2638 of the
Penal Code is repealed.
SEC. 8. SEC. 9. Section 2638 is
added to the Penal Code, to read:
2638. State, A state, county, and
local juvenile justice agencies agency
shall adopt and implement policies or procedures at least as
strong as those detailed in consistent with the
requirements of Sections 115.5, 115.6, and 115.311 to 115.386,
inclusive, of Title 28 of the Code of Federal Regulations. Adoption
of these policies or procedures shall take place no later than July
1, 2014. Full implementation of the policies or procedures shall be
completed no later than January 1, 2016 July
1, 2015 .
SEC. 9. SEC. 10. Section 2639 of the
Penal Code is repealed.
SEC. 10. SEC. 11. Section 2639 is
added to the Penal Code, to read:
2639. (a) Private corrections
confinement companies shall adopt and implement
the relevant policies or procedures from Section 2636, 2637, or 2638.
Adoption of these policies or procedures shall take place no later
than July 1, 2014. Full implementation of the policies or procedures
shall be completed no later than January 1, 2016
July 1, 2015 .
(b) A private confinement company with a facility that only houses
detainees under contract with the United States Department of
Homeland Security is exempt from the requirements of subdivision (a).
SEC. 11. SEC. 12. Section 2643 of
the Penal Code is repealed.
SEC. 12. SEC. 13. Section 2643 is
added to the Penal Code, to read:
2643. (a) On or before January July
1, 2015, the agency, department, or company shall certify in writing
to the Attorney General board that it
has adopted policies or procedures as mandated by Section 2636, 2637,
2638, or 2639 and shall transmit its policies and procedures
electronically to the board .
(b) On or before July 1, 2014, every agency, department, or
company shall make the mandated policies and procedures available to
the public via its Internet Web site or other accessible means.
(b) The board shall, in a timely manner, make the policies and
procedures of each agency, department, and company available to the
public on an Internet Web site.
(c) The Attorney General board shall
provide a means for an interested member of the public to raise
concrete substantial and specific
concerns about the sufficiency material
insufficiency of the published policies or procedures of any
agency, department, or company. Upon receipt of these concerns from a
member of the public, the Attorney General
board shall have 90 days to review the relevant policies or
procedures. If the Attorney General finds deficiencies in
the published policies or procedures of any agency, department, or
company, the Attorney General shall suggest appropriate modifications
to the agency, department, or company. Any concerns
by the public shall be raised with the board before July 1, 2015.
(d) On its own or in response to concerns raised by a member of
the public, the board shall notify the agency, department, or company
whose policies or procedures do not meet the requirements of Section
2636, 2637, 2638, or 2639 that it intends to reject the
certification. This notice shall be in writing and shall include a
specific recommendation for the manner in which the agency,
department, or company may modify its policies or procedures to
correct the deficiencies. An agency, department, or company receiving
this notification shall have 180 days from the receipt of the
written notice to adequately modify the policies and procedures. If,
after the 180-day period, the board finds that the policies and
procedures are still inadequate, the board shall reject the
certification.
SEC. 13. SEC. 14. Section 2644 is
added to the Penal Code, to read:
2644. (a) Audits of facilities governed by this article shall be
conducted on a three-year cycle. Beginning January 1, 2016,
July 1, 2015, each agency, department, or
company shall ensure that each facility operated by the agency,
department, or company is audited at least once every three years.
Any agency, department, or company with three or more facilities
shall ensure that at least approximately
one-third of its facilities are audited each year of an audit
cycle.
(b) An audit conducted in compliance with Sections
115.400 115.401 to 115.405, inclusive, of Title
28 of the Code of Federal Regulations shall suffice for the purposes
of this section. For private confinement companies with
facilities that only house detainees under contract with the United
States Department of Homeland Security, an audit conducted under
Sections 115.401 to 115.405, inclusive, of Title 6 of the Code of
Federal Regulations shall suffice for the purposes of this section.
(c) The Attorney General board shall
identify procedures, based on the principles found in
publish audit procedures consistent with the
requirements of Sections 115.400 115.401
to 115.405, inclusive, of Title 28 of the Code of Federal
Regulations, Regulations that
define all of the following: will govern all audits
required by subdivision (a). The board shall separately publish audit
procedures consistent with Sections 115.401 to 115.405,
inclusive, of Title 6 of the Code of Federal Regulations for private
confinement companies with facilities that only house detainees under
contract with the United States Department of Homeland Security.
(1) The scope of an audit.
(2) Auditor qualifications.
(3) Audit contents and findings.
(4) Audit corrective action plan.
(5) Audit appeals.
(d) The Attorney General board shall
also certify auditors , including, but not limited to, auditors
who work directly with the board, and maintain a publicly
available list of California-certified auditors. At its
discretion, the Attorney General board
may rely on an auditor's certification by the United States
Department of Justice as evidence that the auditor is qualified to
perform audits under this section. For private confinement
companies with facilities that only house detainees under
contract with the United States Department of Homeland Security, the
board may rely on an auditor's certification by the United States
Department of Homeland Security as evidence that the auditor is
qualified to perform audits under this section.
(e) The board shall produce a standard audit report format or
identify an existing audit report format prior to July 1, 2015.
An auditor shall, within 60 days of an audit or the completion
of a corrective action plan, complete a written audit report for each
facility audited using the standard report format . The
auditor will forward the report to the Attorney General
board , which shall maintain a database
of facilities that have passed audits and those that have failed
them make the reports available to the public on an
Internet Web site .
(f) An agency, department, or company shall make all audit reports
public through its Internet Web site or by other publicly available
means.
(g)
(f) Acting on its own or in response to
concrete substantial and specific concerns from
an individual, the Attorney General board
may recommend or require an agency, department, or company to
undergo an expedited audit for one or more of its facilities. The
Attorney General board may only require
an expedited audit when it has sufficient reason to believe that a
pattern and practice of sexual abuse is occurring within a facility.
An agency, department, or company shall be provided with a reasonable
opportunity to respond to evidence before an expedited audit can be
required. The Attorney General board
shall identify a public means by which the office
board can receive an individual's report of
concrete substantial and specific concerns about
a facility.
SEC. 14. Section 2646 is added to the Penal
Code, to read:
2646. For purposes of this article, the following definitions
shall apply:
(a) "Jail" means any confinement facility of a federal, state, or
local law enforcement agency whose primary use is to hold persons
pending adjudication of criminal charges, persons committed to
confinement after adjudication of criminal charges for sentences of
one year or less, or persons adjudicated guilty who are awaiting
transfer to a correctional facility.
(b) "Juvenile justice agency" means a state, county, or local
government agency with facilities primarily used for the confinement
of juveniles pursuant to the juvenile justice system or criminal
justice system.
(c) "Lockup" means a state, county, and local law enforcement
agency facility for the temporary confinement of individuals who have
recently been arrested, detained, or are being transferred to or
from a court, jail, prison, or other agency.
(d) "Private corrections company" means a for-profit or nonprofit
company operating in the State of California that confines
individuals on behalf of a federal, state, county, or local
government or that manages a facility that confines individuals on
behalf of a federal, state, county, or local government.
SEC. 15. Section 2647 is added to the Penal
Code, to read:
2647. (a) The agency, department, or company shall collect
accurate, uniform data for every allegation of sexual abuse using a
standardized instrument and set of definitions.
(b) The agency, department, or company shall aggregate the
incident-based sexual abuse data at least annually.
(c) The agency, department, or company shall annually review data
collected and aggregated pursuant to this section in order to assess
and improve the effectiveness of its sexual abuse prevention,
detection, and response policies, practices, and training.
(d) The agency, department, or company shall ensure that data
collected pursuant to subdivision (a) are securely retained.
(e) The agency, department, or company shall make all aggregated
sexual abuse data readily available to the public, at least annually,
through its Internet Web site or other publicly accessible means.
(f) Before making aggregated sexual abuse data publicly available,
the agency, department, or company shall remove all personal
identifiers.
(g) The agency, department, or company shall maintain sexual abuse
data collected pursuant to subdivision (a) for at least 10 years
after the date of its initial collection unless federal, state, or
local law requires otherwise.
SEC. 15. Section 2645 is added to the
Penal Code , to read:
2645. (a) The agency, department, or company shall collect
accurate, uniform data for every allegation of sexual abuse using a
standardized instrument and set of definitions.
(b) The agency, department, or company shall aggregate the
incident-based sexual abuse data at least annually.
(c) The agency, department, or company shall annually review data
collected and aggregated pursuant to subdivisions (a) and (b) in
order to assess and improve the effectiveness of its sexual abuse
prevention, detection, and response policies, practices, and
training.
(d) The agency, department, or company shall ensure that the data
collected pursuant to subdivision (a) are securely retained.
(e) The agency, department, or company shall make all aggregated
sexual abuse data readily available to the public at least annually
through its Internet Web site or other publicly accessible means.
(f) Before making aggregated sexual abuse data publicly available,
the agency, department, or company shall remove all personal
identifiers.
(g) The agency, department, or company shall maintain sexual
abuse data collected pursuant to subdivision (a) for at least 10
years after the date of its initial collection, unless federal,
state, or local law requires otherwise.
SEC. 16. Section 2646 is added to the
Penal Code , to read:
2646. (a) An agency or department with an existing contract or
agreement with a facility defined in subdivision (c) shall
probatively modify its contract or agreement to incorporate the
policies or procedures it adopts pursuant to Section 2636, 2637,
2638, or 2639. This modification shall be completed prior to the
submission of the certification required by Section 2643. If an
agency or department is involved in good faith negotiations to modify
a contract or agreement on the date the certification is required to
be submitted to the board, the agency or department may still submit
its certification along with a request for 60 additional days to
complete the modification. At the end of those 60 days, the agency or
department shall submit a supplemental certification documenting the
successful modification of the contract or agreement or withdraw its
certification.
(b) An agency or department that seeks to enter into a new
contract or agreement with a facility defined in subdivision (c)
after January 1, 2014, shall incorporate the policies and procedures
it adopts pursuant to Section 2636, 2637, 2638, or 2639 into that
contract or agreement.
(c) For purposes of this section, "facility" means a city, county,
city and county, or regional agency or department that confines
individuals in a public or private facility not covered by Section
2636, 2637, 2638, or 2639. These facilities shall include, but are
not limited to, mental health facilities and out-of-state private
confinement companies.
SEC. 17. Section 2647 is added to the
Penal Code , to read:
2647. (a) A city, county, city and county, or regional agency or
department that fails to provide the certification required by
Section 2643, has its certification rejected by the board, fails to
have its facility or facilities audited in a timely manner as
required by Section 2644, or has one or more facilities fail an audit
after being given an opportunity to correct any deficiencies will
have subsequent board-administered grant renewals or awards reduced
by 25 percent in the first year of noncompliance and by 50 percent in
the second year of noncompliance. An agency or department that
enters into a third year of noncompliance will be ineligible for any
board-administered grant renewals or awards until compliance is
achieved. An agency or department may show compliance by providing a
valid certification or by completing a successful audit of a facility
that is delinquent for or has failed an audit.
(b) A private confinement company that fails to provide the
certification required by Section 2643, has its certification
rejected by the board, fails to have its facility or facilities
audited in a timely manner as required by Section 2644, or has one or
more facilities fail an audit after being given an opportunity to
correct any deficiencies will be assessed a five-hundred-dollar
($500) penalty on the first day the certification or audit is due or
a failed audit is reported to the board. The private confinement
company will be assessed an additional one-thousand-dollar ($1,000)
penalty every seven days thereafter until it provides a valid
certification or completes successful audits of any facilities that
are delinquent for or have failed an audit. This penalty shall be
assessed and collected by the board.
SEC. 18. Section 2648 is added to the
Penal Code , to read:
2648. The provisions of this article are severable. If any
provision of this article or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 16. SEC. 19. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
