California Senate Bill SB441 Latest Draft

 BILL NUMBER: SB 441AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 25, 2009 AMENDED IN SENATE MAY 28, 2009 AMENDED IN SENATE APRIL 2, 2009 INTRODUCED BY Senator Ducheny (Coauthor: Senator Hancock) FEBRUARY 26, 2009  An act to amend Sections 6024 and 6027 of   An act to amend Sections 6025, 6027, 13601, 13602, and 13603 of, and to repeal and add Sections 6024 and 13600 of,  the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGEST SB 441, as amended, Ducheny. Corrections:  Corrections Standards Authority.   Board of Community Corrections.  Existing law provides that there is established within the Department of Corrections and Rehabilitation the Corrections Standards Authority  and provides for its membership, as specified. Existing law abolished the former Commission on Correctional Peace Officer Standards and Training and provided that all references to it shall refer to the Corrections Standards Authority  . This bill would  provide that, commencing July 1, 2010, the Corrections Standards Authority shall no longer be within the Department of Corrections and Rehabilitation.   abolish the Corrections Standards Authority and establish the Board of Community Corrections to replace it, with modifications to its membership, as specified. The bill would specify that the Board of Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The bill would repeal provisions that abolished the Commission on Correctional Peace Officer Standards and Training and reestab   lish, within the Department of Corrections and Rehabilitation, the Commission on Correctional Peace Officer Standards and Training, as specified, and make conforming changes.  Existing law provides that it is the duty of the Corrections Standards Authority to make a study of the entire subject of crime, as specified, and to report its findings, conclusions, and recommendations to the Governor and the Legislature at such times as they may require. This bill would make  this study the duty of the Board of Community Corrections and make  certain revisions in regards to what that study is to include.  This bill would take effect on July 1, 2010.  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 6024 of the Penal Code is amended to read: 6024. Commencing July 1, 2005, there is hereby established within the Department of Corrections and Rehabilitation the Corrections Standards Authority. As of July 1, 2005, any reference to the Board of Corrections refers to the Corrections Standards Authority. As of that date, the Board of Corrections is abolished. Commencing July 1, 2010, the Corrections Standards Authority shall no longer be within the Department of Corrections and Rehabilitation.   SECTION 1.   Section 6024 of the   Penal Code   is repealed.   6024. Commencing July 1, 2005, there is hereby established within the Department of Corrections and Rehabilitation the Corrections Standards Authority. As of July 1, 2005, any reference to the Board of Corrections refers to the Corrections Standards Authority. As of that date, the Board of Corrections is abolished.   SEC. 2.   Section 6024 is added to the   Penal Code   , to read:   6024. Commencing July 1, 2010, there is hereby established the Board of Community Corrections. The Board of Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. As of July 1, 2010, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of Community Corrections. As of that date, the Corrections Standards Authority is abolished.   SEC. 3.   Section 6025 of the   Penal Code   is amended to read:  6025. (a) Commencing July 1,  2005   2010  , the  Corrections Standards Authority   Board of Community Corrections  shall be composed of  19   17  members, one of whom shall be the Secretary of the Department of Corrections and Rehabilitation, or his or her designee  , who shall be designated as the chairperson, and four of whom shall be subordinate officers of the secretary. At least one subordinate officer shall be a manager or administrator of a state correctional facility for adult offenders, and at least one subordinate officer shall be a manager or administrator of a state correctional facility for juvenile offenders   and one who shall be a subordinate officer of the   secretary overseeing the areas of parole or juvenile justice. The Judicial Council shall appoint one superior court judge as a member. The Governor shall appoint a chair, subject to Senate confirmation, with experience in a variety of criminal justice policies and systems in California, including, but not limited to, parole, probation, community reentry, juvenile justice, and local law enforcement  . The remaining  14   13  members shall be appointed by the Governor after consultation with, and with the advice of, the secretary  and the chair  , and with the advice and consent of the Senate. The gubernatorial appointments shall include all of the following: (1) A county sheriff in charge of a local detention facility which has a  Board of Community  Corrections  Standards Authority  rated capacity of 200 or less inmates. (2) A county sheriff in charge of a local detention facility which has a  Board of Community  Corrections  Standards Authority  rated capacity of over 200 inmates. (3) A county supervisor or county administrative officer. (4) A chief probation officer from a county with a population over 200,000. (5) A chief probation officer from a county with a population under 200,000. (6) A manager or administrator of a county local detention facility. (7) An administrator of a local community-based correctional program. (8)  Two public members, at least one of whom   A public member who  shall represent the interests of crime victims. (9) Four rank and file representatives: one juvenile probation officer who is a first-line supervisor or lower rank, with a minimum of five years of experience as a juvenile probation officer; one deputy sheriff who is a sergeant or lower rank, with a minimum of five years of experience in an adult correctional facility; one state parole officer or parole agent; and one person with a minimum of five years experience working in a state adult correctional facility. (10) A representative of a community-based youth service organization. (b) The terms of the members appointed by the Governor shall expire as follows: seven on July 1,  2007   2012  , and seven on July 1,  2008   2013. The term for the member appointed by the Judicial Council shall expire on July 1, 2013  . Successor members shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. Any appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Members are eligible for reappointment. (c) The  authority   board  shall select a vice chairperson from among its members. Ten members of the board shall constitute a quorum. (d) When the authority is hearing charges against any member, the individual concerned shall not sit as a member of the board for the period of hearing of charges and the determination of recommendations to the Governor. (e) If any appointed member is not in attendance for three consecutive meetings the  authority   board  may recommend to the Governor that the member be removed and the Governor may make a new appointment, with the advice and consent of the Senate, for the remainder of the term.  SEC. 2.   SEC. 4.  Section 6027 of the Penal Code is amended to read: 6027. It shall be the duty of the  Corrections Standards Authority   Board of Community Corrections  to make a study of the entire subject of crime, with particular reference to conditions in the State of California, including causes of crime, best practices in the field of crime prevention, detection of crime and apprehension of criminals, methods of prosecution of persons accused of crime, and the entire subject of penology, including standards and training for correctional personnel, and to report its findings, conclusions, and recommendations to the Governor and the Legislature at such times as they may require. SEC. 5.   Section 13600 of the   Penal Code   is repealed.   13600. (a) Commencing July 1, 2005, any reference to the Commission on Correctional Peace Officer Standards and Training or "CPOST" shall refer to the Corrections Standards Authority established pursuant to Chapter 5 (commencing with Section 6024) of Title 7 of Part 3. As of that date, the Commission on Correctional Peace Officer Standards and Training is abolished. (b) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, fulfill responsibilities that require creation and application of sound selection criteria for applicants and standards for their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed or designated by the Department of Corrections and Rehabilitation. The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the Department of Corrections and Rehabilitation in the custody and care of the state's offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs in the department. (c) The Secretary of the Department of Corrections and Rehabilitation shall, with advice from the Corrections Standards Authority, appoint a subordinate officer to serve as executive director of the board. The subordinate officer shall serve at the pleasure of the secretary. The subordinate officer shall appoint staff as provided for in the annual Budget Act, beginning in the 2005-06 fiscal year.   SEC. 6.   Section 13600 is added to the   Penal Code   , to read:   13600. (a) The Legislature finds and declares that peace officers of the state correctional system, including youth and adult correctional facilities, have a role in the criminal justice system that requires the creation and application of sound selection criteria for applicants and their training prior to assuming their duties. For the purposes of this section, correctional peace officers are peace officers as defined in Section 830.5 and employed by the Department of Corrections and Rehabilitation. The Legislature further finds that sound applicant selection and training are essential to public safety and in carrying out the missions of the department in the custody and care of the state's offender population. The greater degree of professionalism which will result from sound screening criteria and a significant training curriculum will greatly aid the department in maintaining smooth, efficient, and safe operations and effective programs. (b) There is within the Department of Corrections and Rehabilitation a Commission on Correctional Peace Officer Standards and Training, hereafter referred to as the CPOST. (c) (1) The executive board of the CPOST shall be composed of seven voting members. (A) Three members shall be from, appointed by, and represent the management of the department. (B) Three members shall be from, appointed by, and represent the membership of the California Correctional Peace Officers' Association. Two members shall be rank and file persons from State Bargaining Unit 6 and one member shall be supervisory. (C) The seventh member shall have at least five years experience in a higher education environment providing instruction in either corrections or employee training. This member shall be selected as follows: (i) Within three months of appointment, the group of three members appointed pursuant to subparagraph (A) and the group of three members appointed pursuant to subparagraph (B) shall each nominate five persons who are qualified to be appointed as a member pursuant to subparagraph (C). (ii) The group of three members appointed pursuant to subparagraph (A) and the group of three members appointed pursuant to subparagraph (B) shall alternatively strike one name from the combined list of 10 nominees. The last name remaining shall be the seventh member and shall serve a term of three years. The order in which the group appointed pursuant to subparagraph (A) and the group appointed pursuant to subparagraph (B) strike names from the list shall initially be determined by lot. (iii) Six months prior to the expiration of the seventh member's term, the six members of the commission appointed pursuant to subparagraphs (A) and (B) shall vote on whether to extend the seventh members' term for an additional term of three years. If the six voting members fail to extend the seventh member's term by a majority vote, the Commission shall replace that member with a new member appointed pursuant to the initial procedure used to appoint a seventh member. (D) Appointments shall be for three years. (2) Each appointing authority shall appoint one alternate member for each regular member whom they appoint pursuant to paragraph (1). Every alternate member shall possess the same qualifications as the regular member and shall substitute for, and vote in place of, the regular member whenever he or she is absent. (d) The rules for voting on the executive board of the CPOST shall be as follows: (1) Decisions shall be made by a majority vote. (2) Proxy voting shall not be permitted. (3) Tentative approval of a decision may be taken by a telephone vote. The CPOST members' decision shall be documented in writing and submitted to the CPOST for confirmation at the next scheduled CPOST meeting so as to become a part of the permanent record. (e) The executive board of the CPOST shall adopt rules as it deems necessary for efficient operations, including, but not limited to, the appointment of advisory members for forming whatever subcommittee it deems necessary to conduct its business. These rules shall be in conformance with the State Personnel Board rules and regulations, the Department of Personnel Administration rules and regulations, and the provisions of the State Bargaining Unit 6 Memorandum of Understanding.   SEC. 7.   Section 13601 of the   Penal Code   is amended to read:  13601. (a) The  Corrections Standards Authority   CPOST  shall develop, approve, and monitor standards for the selection and training of state correctional peace officer apprentices. Any standard for selection established under this subdivision shall be subject to approval by the State Personnel Board. Using the psychological and screening standards established by the State Personnel Board, the State Personnel Board or the Department of Corrections and Rehabilitation  , Division of Juvenile Facilities  shall ensure that, prior to training, each applicant who has otherwise qualified in all physical and other testing requirements to be a peace officer in either a youth or adult correctional facility, is determined to be free from emotional or mental conditions that might adversely affect the exercise of his or her duties and powers as a peace officer. (b) The  authority   CPOST  may approve standards for a course in the carrying and use of firearms for correctional peace officers that is different from that prescribed pursuant to Section 832. The standards shall take into consideration the different circumstances presented within the institutional setting from that presented to other law enforcement agencies outside the correctional setting. (c) Notwithstanding Section 3078 of the Labor Code, the length of the probationary period for correctional peace officer apprentices shall be determined by the  authority   CPOST  subject to approval by the State Personnel Board, pursuant to Section 19170 of the Government Code. (d) The  authority   CPOST  shall develop, approve, and monitor standards for advanced rank-and-file and supervisory state correctional peace officer and training programs for the Department of Corrections and Rehabilitation. When a correctional peace officer is promoted within the department, he or she shall be provided with and be required to complete these secondary training experiences. (e) The  authority   CPOST  shall develop, approve, and monitor standards for the training of state correctional peace officers in the department in the handling of stress associated with their duties. (f) Toward the accomplishment of the objectives of this act, the  authority   CPOST  may confer with, and may avail itself of the assistance and recommendations of, other state and local agencies, boards, or commissions. (g) Notwithstanding the authority of the  authority   CPOST  , the department shall design and deliver training programs, shall conduct validation studies, and shall provide program support. The authority shall monitor program compliance by the department. (h) The  authority  CPOST  may disapprove any training courses created by the department pursuant to the standards developed by the  authority   CPOST  if it determines that the courses do not meet the prescribed standards. (i) The  authority   CPOST  shall annually submit an estimate of costs to conduct those inquiries and audits as may be necessary to determine whether the department and each of its institutions and parole regions are adhering to the standards developed by the  authority   CPOST  , and shall conduct those inquiries and audits consistent with the annual Budget Act. (j) The  authority   CPOST  shall establish and implement procedures for reviewing and issuing decisions concerning complaints or recommendations from interested parties regarding authority rules, regulations, standards, or decisions.  SEC. 8.   Section 13602 of the   Penal Code   is amended to read:  13602. (a) The Department of Corrections and Rehabilitation may use the training academy at Galt or the training center in Stockton. The academy at Galt shall be known as the Richard A. McGee Academy. The training divisions, in using the funds, shall endeavor to minimize costs of administration so that a maximum amount of the funds will be used for providing training and support to correctional peace officers while being trained by the department. (b) Each new cadet who attends an academy shall complete the course of training, pursuant to standards approved by the  Corrections Standards Authority   CPOST  before he or she may be assigned to a post or job as a peace officer. Every newly appointed first-line or second-line supervisor in the Department of Corrections and Rehabilitation shall complete the course of training, pursuant to standards approved by the  authority   CPOST  for that position. (c) The Department of Corrections and Rehabilitation shall make every effort to provide training prior to commencement of supervisorial duties. If this training is not completed within six months of appointment to that position, any first-line or second-line supervisor shall not perform supervisory duties until the training is completed.  SEC. 9.   Section 13603 of the   Penal Code   is amended to read:  13603. (a) The Department of Corrections and Rehabilitation shall provide 16 weeks of training to each correctional peace officer cadet. Except as provided by subdivision (b), this training shall be completed by the cadet prior to his or her assignment to a post or position as a correctional peace officer. (b) If an agreement is reached between the department and the bargaining unit for the correctional peace officers that this subdivision shall apply, and with the approval of the  Corrections Standards Authority   CPOST  on how to implement the on-the-job training requirements of this subdivision, the department shall provide a total of 16 weeks of training to each correctional peace officer cadet as follows: (1) Twelve weeks of the training shall be at the department's training academy. Cadets shall be sworn in as correctional peace officers upon the completion of this initial 12 weeks. (2) Four weeks shall be at the institution where the cadet is assigned to a post or position. (c) The department shall provide a minimum of two weeks of training to each newly appointed first-line supervisor. (d) Training standards previously established pursuant to this section shall remain in effect until training requirements are established by the  Corrections Standards Authority   CPOST  pursuant to Section 13602.  SEC. 10.   This act shall become operative on July 1, 2010.