California 2009-2010 Regular Session

California Assembly Bill AB2438 Latest Draft

Bill / Amended Version Filed 04/26/2010

 BILL NUMBER: AB 2438AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 26, 2010 INTRODUCED BY Assembly Member Hagman FEBRUARY 19, 2010 An act  to amend Section 5000 of the Penal Code, relating to corrections   relating to state lands  . LEGISLATIVE COUNSEL'S DIGEST AB 2438, as amended, Hagman.  State correctional system.   State lands: lease.   Existing law authorizes the Director of General Services to execute specified agreements relating to real property belonging to the state on behalf of the state.   This bill would authorize the director to lease real property adjacent to the California Institution for Men at Chino to a private or public entity under terms he or she deems are in the best interest of the state, and would require, notwithstanding other law, 50% of any moneys paid to the state as a result of a lease to be deposited in the General Fund and 50% be allocated to the Department of Corrections and Rehabilitation in the annual Budget Act.   Existing law establishes the Department of Corrections and Rehabilitation and specifies that the primary objective of adult incarceration is public safety.   This bill would make nonsubstantive changes to those provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   (a) The Director of General Services is authorized to lease real property adjacent to the California Institution for Men at Chino to a private or public entity under terms he or she deems are in the best interest of the state.   (b) Notwithstanding any other law, including subdivision (g) of Section 11011 of the Government Code, 50 percent of any moneys paid to the state as a result of a lease authorized under subdivision (a) shall be deposited in the General Fund, and 50 percent shall be allocated to the Department of Corrections and Rehabilitation in the annual Budget Act.   SECTION 1.   Section 5000 of the Penal Code is amended to read: 5000. Commencing July 1, 2005, any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations. The act enacted by Senate Bill 737 of the 2005-06 Regular Session shall not be construed to alter the primary objective of adult incarceration under the reorganized Department of Corrections and Rehabilitation, which remains public safety, as articulated in the legislative findings and declarations set forth in Section 1170.