Amended IN Senate March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1069Introduced by Senator MenjivarFebruary 12, 2024An act to amend Section 6133 of the Penal Code, relating to state prisons.LEGISLATIVE COUNSEL'S DIGESTSB 1069, as amended, Menjivar. State prisons: Office of the Inspector General.Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the department allegations of internal misconduct and use of force and, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the Inspector Generals internet website and otherwise made available to the public upon release to the Governor and Legislature.This bill would require the Office of the Inspector General to monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person. The bill would give the Office of the Inspector General joint decisionmaking authority, along with the wardens of the various state prisons, regarding the determination of whether a misconduct case or claim is substantiated and how a prison shall respond to a substantiated claim. The bill would allow the Attorney General to investigate a sexual misconduct case or claim if the office and a warden do not agree on whether a sexual misconduct case or claim is substantiated, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6133 of the Penal Code is amended to read:6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:(i) The determination of whether a sexual misconduct case or complaint is substantiated.(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.(ii) The Attorney General, or their designee, for their consideration.(C) The Attorney General, or their designee, may do both of the following:(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.(B) A synopsis of each matter reviewed by the Office of the Inspector General.(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.(E) The extent to which any discipline was modified after imposition.(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.
Amended IN Senate March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1069Introduced by Senator MenjivarFebruary 12, 2024An act to amend Section 6133 of the Penal Code, relating to state prisons.LEGISLATIVE COUNSEL'S DIGESTSB 1069, as amended, Menjivar. State prisons: Office of the Inspector General.Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the department allegations of internal misconduct and use of force and, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the Inspector Generals internet website and otherwise made available to the public upon release to the Governor and Legislature.This bill would require the Office of the Inspector General to monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person. The bill would give the Office of the Inspector General joint decisionmaking authority, along with the wardens of the various state prisons, regarding the determination of whether a misconduct case or claim is substantiated and how a prison shall respond to a substantiated claim. The bill would allow the Attorney General to investigate a sexual misconduct case or claim if the office and a warden do not agree on whether a sexual misconduct case or claim is substantiated, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate March 14, 2024
Amended IN Senate March 14, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1069
Introduced by Senator MenjivarFebruary 12, 2024
Introduced by Senator Menjivar
February 12, 2024
An act to amend Section 6133 of the Penal Code, relating to state prisons.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1069, as amended, Menjivar. State prisons: Office of the Inspector General.
Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the department allegations of internal misconduct and use of force and, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the Inspector Generals internet website and otherwise made available to the public upon release to the Governor and Legislature.This bill would require the Office of the Inspector General to monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person. The bill would give the Office of the Inspector General joint decisionmaking authority, along with the wardens of the various state prisons, regarding the determination of whether a misconduct case or claim is substantiated and how a prison shall respond to a substantiated claim. The bill would allow the Attorney General to investigate a sexual misconduct case or claim if the office and a warden do not agree on whether a sexual misconduct case or claim is substantiated, as provided.
Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the department allegations of internal misconduct and use of force and, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the Inspector Generals internet website and otherwise made available to the public upon release to the Governor and Legislature.
This bill would require the Office of the Inspector General to monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person. The bill would give the Office of the Inspector General joint decisionmaking authority, along with the wardens of the various state prisons, regarding the determination of whether a misconduct case or claim is substantiated and how a prison shall respond to a substantiated claim. The bill would allow the Attorney General to investigate a sexual misconduct case or claim if the office and a warden do not agree on whether a sexual misconduct case or claim is substantiated, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6133 of the Penal Code is amended to read:6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:(i) The determination of whether a sexual misconduct case or complaint is substantiated.(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.(ii) The Attorney General, or their designee, for their consideration.(C) The Attorney General, or their designee, may do both of the following:(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.(B) A synopsis of each matter reviewed by the Office of the Inspector General.(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.(E) The extent to which any discipline was modified after imposition.(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.
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 6133 of the Penal Code is amended to read:6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:(i) The determination of whether a sexual misconduct case or complaint is substantiated.(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.(ii) The Attorney General, or their designee, for their consideration.(C) The Attorney General, or their designee, may do both of the following:(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.(B) A synopsis of each matter reviewed by the Office of the Inspector General.(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.(E) The extent to which any discipline was modified after imposition.(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.
SECTION 1. Section 6133 of the Penal Code is amended to read:
### SECTION 1.
6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:(i) The determination of whether a sexual misconduct case or complaint is substantiated.(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.(ii) The Attorney General, or their designee, for their consideration.(C) The Attorney General, or their designee, may do both of the following:(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.(B) A synopsis of each matter reviewed by the Office of the Inspector General.(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.(E) The extent to which any discipline was modified after imposition.(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.
6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:(i) The determination of whether a sexual misconduct case or complaint is substantiated.(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.(ii) The Attorney General, or their designee, for their consideration.(C) The Attorney General, or their designee, may do both of the following:(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.(B) A synopsis of each matter reviewed by the Office of the Inspector General.(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.(E) The extent to which any discipline was modified after imposition.(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.
6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:(i) The determination of whether a sexual misconduct case or complaint is substantiated.(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.(ii) The Attorney General, or their designee, for their consideration.(C) The Attorney General, or their designee, may do both of the following:(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.(B) A synopsis of each matter reviewed by the Office of the Inspector General.(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.(E) The extent to which any discipline was modified after imposition.(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.
6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitations Office of Internal Affairs.
(2) To facilitate oversight of the departments internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitations Office of Internal Affairs, within a reasonable timeframe and without undue delays.
(3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted.
(4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed.
(5) The Office of the Inspector General shall monitor and have investigatory authority over all staff misconduct cases and complaints that involve sexual misconduct with an incarcerated person.
(6) (A) The Office of the Inspector General shall have joint decisionmaking authority, along with the wardens of the various state prisons, regarding both of the following:
(i) The determination of whether a sexual misconduct case or complaint is substantiated.
(ii) How a prison shall respond to a substantiated sexual misconduct case or complaint.
(B) If the Office of the Inspector General and the warden of a state prison do not agree on whether a sexual misconduct case or complaint is substantiated, the Office of the Inspector General shall prepare a report documenting the disagreement and submit that report to both of the following:
(i) The Secretary of the Department of Corrections and Rehabilitation, or their designee, for their review and final determination.
(ii) The Attorney General, or their designee, for their consideration.
(C) The Attorney General, or their designee, may do both of the following:
(i) Investigate a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).
(ii) If they deem it appropriate, respond to the Secretary of the Department of Corrections and Rehabilitation with their recommendation regarding a sexual misconduct case or complaint referred to them pursuant to clause (ii) of subparagraph (B).
(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:
(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.
(B) A synopsis of each matter reviewed by the Office of the Inspector General.
(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector Generals recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agencys authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.
(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.
(E) The extent to which any discipline was modified after imposition.
(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.