CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2178Introduced by Assembly Member TingFebruary 07, 2024 An act to amend Section 2067 of the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTAB 2178, as introduced, Ting. Prisons: closures.Existing law requires the Department of Corrections and Rehabilitation to reduce the population of private in-state male contract correctional facilities. Existing law requires the department, to the extent that the adult offender population continues to decline, to reduce the capacity of state-owned and state-operated prisons or in-state leased or contract correctional facilities.This bill would make a technical, nonsubstantive change to these 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 2067 of the Penal Code is amended to read:2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:(1) The cost to operate at the capacity.(2) Workforce impacts.(3) Subpopulation and gender-specific housing needs.(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.(5) Public safety and rehabilitation.(6) The durability of the states solution to prison overcrowding.(c) The following shall apply:(1) Subdivision (b) shall not be is not enforceable by a private right of action.(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2178Introduced by Assembly Member TingFebruary 07, 2024 An act to amend Section 2067 of the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTAB 2178, as introduced, Ting. Prisons: closures.Existing law requires the Department of Corrections and Rehabilitation to reduce the population of private in-state male contract correctional facilities. Existing law requires the department, to the extent that the adult offender population continues to decline, to reduce the capacity of state-owned and state-operated prisons or in-state leased or contract correctional facilities.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2178
Introduced by Assembly Member TingFebruary 07, 2024
Introduced by Assembly Member Ting
February 07, 2024
An act to amend Section 2067 of the Penal Code, relating to prisons.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2178, as introduced, Ting. Prisons: closures.
Existing law requires the Department of Corrections and Rehabilitation to reduce the population of private in-state male contract correctional facilities. Existing law requires the department, to the extent that the adult offender population continues to decline, to reduce the capacity of state-owned and state-operated prisons or in-state leased or contract correctional facilities.This bill would make a technical, nonsubstantive change to these provisions.
Existing law requires the Department of Corrections and Rehabilitation to reduce the population of private in-state male contract correctional facilities. Existing law requires the department, to the extent that the adult offender population continues to decline, to reduce the capacity of state-owned and state-operated prisons or in-state leased or contract correctional facilities.
This bill would make a technical, nonsubstantive change to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2067 of the Penal Code is amended to read:2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:(1) The cost to operate at the capacity.(2) Workforce impacts.(3) Subpopulation and gender-specific housing needs.(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.(5) Public safety and rehabilitation.(6) The durability of the states solution to prison overcrowding.(c) The following shall apply:(1) Subdivision (b) shall not be is not enforceable by a private right of action.(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.
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 2067 of the Penal Code is amended to read:2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:(1) The cost to operate at the capacity.(2) Workforce impacts.(3) Subpopulation and gender-specific housing needs.(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.(5) Public safety and rehabilitation.(6) The durability of the states solution to prison overcrowding.(c) The following shall apply:(1) Subdivision (b) shall not be is not enforceable by a private right of action.(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.
SECTION 1. Section 2067 of the Penal Code is amended to read:
### SECTION 1.
2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:(1) The cost to operate at the capacity.(2) Workforce impacts.(3) Subpopulation and gender-specific housing needs.(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.(5) Public safety and rehabilitation.(6) The durability of the states solution to prison overcrowding.(c) The following shall apply:(1) Subdivision (b) shall not be is not enforceable by a private right of action.(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.
2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:(1) The cost to operate at the capacity.(2) Workforce impacts.(3) Subpopulation and gender-specific housing needs.(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.(5) Public safety and rehabilitation.(6) The durability of the states solution to prison overcrowding.(c) The following shall apply:(1) Subdivision (b) shall not be is not enforceable by a private right of action.(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.
2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:(1) The cost to operate at the capacity.(2) Workforce impacts.(3) Subpopulation and gender-specific housing needs.(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.(5) Public safety and rehabilitation.(6) The durability of the states solution to prison overcrowding.(c) The following shall apply:(1) Subdivision (b) shall not be is not enforceable by a private right of action.(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.
2067. (a) As outlined in the Budget Act of 2018, it is anticipated that all California inmates will be returned from out-of-state contract correctional facilities by February 2019. To the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall begin reducing private in-state male contract correctional facilities in a manner that maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. The private in-state male contract correctional facilities that are primarily staffed by non-Department of Corrections and Rehabilitation personnel shall be prioritized for reduction over other in-state contract correctional facilities.
(b) As the population of offenders in private in-state male contract correctional facilities identified in subdivision (a) is reduced, and to the extent that the adult offender population continues to decline, the Department of Corrections and Rehabilitation shall accommodate the projected population decline by reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, in a manner that maximizes long-term state facility savings, leverages long-term investments, and maintains sufficient flexibility to comply with the federal court order to maintain the prison population at or below 137.5 percent of design capacity. In reducing this additional capacity, the department shall take into consideration the following factors, including, but not limited to:
(1) The cost to operate at the capacity.
(2) Workforce impacts.
(3) Subpopulation and gender-specific housing needs.
(4) Long-term investment in state-owned and operated correctional facilities, including previous investments.
(5) Public safety and rehabilitation.
(6) The durability of the states solution to prison overcrowding.
(c) The following shall apply:
(1) Subdivision (b) shall not be is not enforceable by a private right of action.
(2) Subdivision (b) does not create an act or duty enforceable under Sections 1060 or 1085 of the Code of Civil Procedure.
(3) A city, county, city and county, local district, or special district shall not maintain an action or proceeding against the State of California pursuant to subdivision (b).
(d) An action initiated regarding this section shall be brought in the superior court of the County of Sacramento.