CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 329Introduced by Assembly Member CervantesFebruary 07, 2017 An act to amend Section 5002 of the Penal Code, relating to crimes.LEGISLATIVE COUNSEL'S DIGESTAB 329, as introduced, Cervantes. Department of Corrections and Rehabilitation.Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Under existing law, the department succeeds to, and is vested with, all of the powers and duties exercised and performed by specified departments, boards, bureaus, commissions, and officers when those powers and duties are not otherwise vested by law.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5002 of the Penal Code is amended to read:5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Womens Board of Terms and Paroles.(5) The Community Release Board.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 329Introduced by Assembly Member CervantesFebruary 07, 2017 An act to amend Section 5002 of the Penal Code, relating to crimes.LEGISLATIVE COUNSEL'S DIGESTAB 329, as introduced, Cervantes. Department of Corrections and Rehabilitation.Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Under existing law, the department succeeds to, and is vested with, all of the powers and duties exercised and performed by specified departments, boards, bureaus, commissions, and officers when those powers and duties are not otherwise vested by law.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 329
Introduced by Assembly Member CervantesFebruary 07, 2017
Introduced by Assembly Member Cervantes
February 07, 2017
An act to amend Section 5002 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 329, as introduced, Cervantes. Department of Corrections and Rehabilitation.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Under existing law, the department succeeds to, and is vested with, all of the powers and duties exercised and performed by specified departments, boards, bureaus, commissions, and officers when those powers and duties are not otherwise vested by law.This bill would make technical, nonsubstantive changes to those provisions.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Under existing law, the department succeeds to, and is vested with, all of the powers and duties exercised and performed by specified departments, boards, bureaus, commissions, and officers when those powers and duties are not otherwise vested by law.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5002 of the Penal Code is amended to read:5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Womens Board of Terms and Paroles.(5) The Community Release Board.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5002 of the Penal Code is amended to read:5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Womens Board of Terms and Paroles.(5) The Community Release Board.
SECTION 1. Section 5002 of the Penal Code is amended to read:
### SECTION 1.
5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Womens Board of Terms and Paroles.(5) The Community Release Board.
5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Womens Board of Terms and Paroles.(5) The Community Release Board.
5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Womens Board of Terms and Paroles.(5) The Community Release Board.
5002. (a) The department shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such those powers and duties are not otherwise vested by law:
(1) The Department of Penology.
(2) The State Board of Prison Directors.
(3) The Bureau of Paroles.
(4) The warden and the clerk of the California State Prison at San Quentin.
(5) The warden and the clerk of the California State Prison at Folsom.
(6) The warden of and the clerk of the California Institution for Men.
(7) The California Crime Commission.
(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).
(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by by, the Department of Corrections, except as may be otherwise expressly provided by law.
(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by by, the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.
(e) The Board of Prison Terms shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such those powers and duties are not otherwise vested by law:
(1) The Board of Prison Terms and Paroles.
(2) The Advisory Pardon Board.
(3) The Adult Authority.
(4) The Womens Board of Terms and Paroles.
(5) The Community Release Board.