BILL NUMBER: AB 2239INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hagman FEBRUARY 18, 2010 An act to amend Section 5058 of the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGEST AB 2239, as introduced, Hagman. Department of Corrections and Rehabilitation: administration: rulemaking procedures. Existing law authorizes the Director of the Department of Corrections and Rehabilitation to prescribe rules and adopt regulations for the administration of the prisons and administration of paroles pursuant to the Administrative Procedure Act, as specified, but exempts from that requirement regulations relating to pilot programs or to imminent danger, as specified. This bill would also exempt from that requirement rules that relate to the procedures, training of staff, staffing levels, design and layout of an execution chamber, or related processes for the administration of the death penalty, as specified. The bill would provide that its provisions shall not be deemed to alter or otherwise apply to habeas corpus or appellate procedures in capital cases. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5058 of the Penal Code is amended to read: 5058. (a) The director may prescribe and amend rules and regulations for the administration of the prisons and for the administration of the parole of persons sentenced under Section 1170 except those persons who meet the criteria set forth in Section 2962. The rules and regulations shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise provided in this section and Sections 5058.1 to 5058.3, inclusive. All rules and regulations shall, to the extent practical, be stated in language that is easily understood by the general public. For any rule or regulation filed as regular rulemaking as defined in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the California Code of Regulations, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them no less than 20 days prior to its effective date. (b) The director shall maintain, publish and make available to the general public, a compendium of the rules and regulations promulgated by the director pursuant to this section and Sections 5058.1 to 5058.3, inclusive. (c) The following are deemed not to be "regulations" as defined in Section 11342.600 of the Government Code: (1) Rules issued by the director applying solely to a particular prison or other correctional facility, provided that the following conditions are met: (A) All rules that apply to prisons or other correctional facilities throughout the state are adopted by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (B) All rules except those that are excluded from disclosure to the public pursuant to subdivision (f) of Section 6254 of the Government Code are made available to all inmates confined in the particular prison or other correctional facility to which the rules apply and to all members of the general public. (2) Short-term criteria for the placement of inmates in a new prison or other correctional facility, or subunit thereof, during its first six months of operation, or in a prison or other correctional facility, or subunit thereof, planned for closing during its last six months of operation, provided that the criteria are made available to the public and that an estimate of fiscal impact is completed pursuant to Sections 6650 to 6670, inclusive, of the State Administrative Manual. (3) Rules issued by the director that are excluded from disclosure to the public pursuant to subdivision (f) of Section 6254 of the Government Code. (4) (A) Rules that relate to the procedures, training of staff, staffing levels, design and layout of an execution chamber, or related processes for the administration of the death penalty pursuant to Chapter 1 (commencing with Section 3600) of Title 3. (B) This paragraph shall not be deemed to alter or otherwise apply to habeas corpus or appellate procedures in capital cases.