California 2023 2023-2024 Regular Session

California Senate Bill SB1242 Introduced / Bill

Filed 02/15/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1242Introduced by Senator McGuireFebruary 15, 2024 An act to amend Section 6250 of the Penal Code, relating to rehabilitation. LEGISLATIVE COUNSEL'S DIGESTSB 1242, as introduced, McGuire. Community correctional facilities.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.This bill would additionally authorize notice by email.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 6250 of the Penal Code is amended to read:6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1242Introduced by Senator McGuireFebruary 15, 2024 An act to amend Section 6250 of the Penal Code, relating to rehabilitation. LEGISLATIVE COUNSEL'S DIGESTSB 1242, as introduced, McGuire. Community correctional facilities.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.This bill would additionally authorize notice by email.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1242

Introduced by Senator McGuireFebruary 15, 2024

Introduced by Senator McGuire
February 15, 2024

 An act to amend Section 6250 of the Penal Code, relating to rehabilitation. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1242, as introduced, McGuire. Community correctional facilities.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.This bill would additionally authorize notice by email.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.

This bill would additionally authorize notice by email.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 6250 of the Penal Code is amended to read:6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.

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 6250 of the Penal Code is amended to read:6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.

SECTION 1. Section 6250 of the Penal Code is amended to read:

### SECTION 1.

6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.

6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.

6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.



6250. (a) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The director secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers.

(b) No later than 30 days after the department has designated a site as a potential site, the director secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.

Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.

Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.

(c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. hand, by any form of mail requiring a return receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.

(d) The Director of Corrections Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.