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 by inmates or wards, and
threats made by family members of inmates or wards, 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 by inmates, wards, or family members of inmates or wards, and that all threats against department staff made by inmates or wards, and their familybegin delete membersend deletebegin insert members,end insert 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 trainingbegin delete programs.end deletebegin insert
programs and would require the policy to be fully implemented by July 1, 2016.end insert
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5004.7 is added to the Penal Code, to
2read:
(a) The department shall establish a statewide policy
4on operational procedures for the handling of threats made by
5inmates or wards, and threats made by family members of inmates
6or wards, against department staff. The policy shall include
7methods to ensure that department staff members are advised of
8threats made against them by
inmates, wards, or family members
9of inmates or wards, and shall require that all threats against
10department staff made by inmates, wards, or family members of
11inmates or wards are thoroughly investigated. A copy of the
12statewide policy shall be accessible to members of the public upon
13request.
14(b) This section does not prohibit an individual institution within
15the department from developing a more detailed notification
16procedure for advising staff members of threats made against them.
17If an individual institution has a more detailed policy, the policy
18shall be accessible to every member of the staff of the institution.
19(c) The department shall provide training on the policy
20developed pursuant to this section as part of its existing training
21programs.
22(d) The policy developed pursuant to this section shall be fully
23implemented by July 1, 2016.
This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
P3 1the meaning of Article IV of the Constitution and shall go into
2immediate effect. The facts constituting the necessity are:
3In order to increase safety in California prisons at the earliest
4possible time, it is necessary that this act take effect immediately.
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