Amended in Senate June 1, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 293


Introduced by Assembly Member Levine

February 11, 2015


An act to add Section 5004.7 to the Penal Code, relating tobegin delete prisons.end deletebegin insert prisons, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 293, as amended, Levine. Prisons: inmate threats.

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law makes it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat and which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety.

This bill would require the department to establish a statewide policy on operational procedures for the handling of threats made bybegin delete inmates,end deletebegin insert inmates or wards,end insert and threats made by family members ofbegin delete inmates,end deletebegin insert inmates or wards,end insert against department staff. The bill would require that the policy include methods to ensure that department staff members are advised of threats made against them bybegin delete inmates and their family membersend deletebegin insert inmates, wards, or family members of inmates or wards,end insert and that all threats against department staff made bybegin delete inmatesend deletebegin insert inmates or wards,end insert and their family members are thoroughly investigated. The bill would require an individual institution within the department that has a more detailed policy to make the policy accessible to every member of the staff of the institution. The bill would require the department to provide training on the policy developed pursuant to these provisions as part of its existing training programs.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 5004.7 is added to the Penal Code, to
2read:

3

5004.7.  

(a) The department shall establish a statewide policy
4on operational procedures for the handling of threats made by
5begin delete inmates,end deletebegin insert inmates or wards,end insert and threats made by family members
6ofbegin delete inmates,end deletebegin insert inmates or wards,end insert against department staff. The policy
7shall include methods to ensure that department staff members are
8advised of threats made against them bybegin delete inmates or their family
9membersend delete
begin insert inmates, wards, or family members of inmates or wards,end insert
10 and shall require that all threats against department staff made by
11begin delete inmates or their family membersend deletebegin insert inmates, wards, or family
12members of inmates or wardsend insert
are thoroughly investigated. A copy
13of the statewide policy shall be accessible to members of the public
14upon request.

15(b) This section does not prohibit an individual institution within
16the department from developing a more detailed notification
17procedure for advising staff members of threats made against them.
18If an individual institution has a more detailed policy, the policy
19shall be accessible to every member of the staff of the institution.

20(c) The department shall provide training on the policy
21developed pursuant to this section as part of its existing training
22programs.

23begin insert

begin insertSEC. 2.end insert  

end insert
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This act is an urgency statute necessary for the
24immediate preservation of the public peace, health, or safety within
25the meaning of Article IV of the Constitution and shall go into
26immediate effect. The facts constituting the necessity are:

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P3    1In order to increase safety in California prisons at the earliest
2possible time, it is necessary that this act take effect immediately.

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