BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 293|
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                                   THIRD READING 


          Bill No:  AB 293
          Author:   Levine (D), et al.
          Amended:  6/25/15 in Senate
          Vote:     27  - Urgency

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/9/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 4/9/15 (Consent) - See last page for  
            vote

           SUBJECT:   Prisons: inmate threats


          SOURCE:    Author


          DIGEST:  This bill establishes a statewide policy for the  
          handling of threats made by inmates, wards, or family members of  
          inmates and wards, against California Department of Corrections  
          and Rehabilitation (CDCR) staff.




          Senate Floor Amendments of 6/25/15 set an implementation date  
          for July 1, 2016 and adds Senator Anderson as a coauthor.


          ANALYSIS:   









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          Existing law:


           1) Creates in state government that CDCR is to be headed by a  
            secretary, who is appointed by the Governor, subject to Senate  
            confirmation, and serves at the pleasure of the Governor. CDCR  
            consists of Adult Operations, Adult Programs, Health Care  
            Services, Juvenile Justice, the Board of Parole Hearings, the  
            State Commission on Juvenile Justice, the Prison Industry  
            Authority, and the Prison Industry Board.  (Government Code §  
            12838 (a).).  

           2) Authorizes the Director of CDCR to prescribe and amend rules  
            and regulations for the administration of the prisons and the  
            administration of the parole of persons, except as specified.   
            All rules and regulations must, to the extent practical, be  
            stated in language that is easily understood by the general  
            public.  (Penal Code § 5058  (a).)

           3) Requires each state prison under CDCR's jurisdiction to  
            develop a Mutual Aid Escape Pursuit Plan and Agreement with  
            local law enforcement agencies. The plan, together with any  
            supporting information, must be submitted for annual review to  
            the city council of the city containing, or nearest to, the  
            institution and to the county board of supervisors of the  
            county containing the prison.  Nothing in this section  
            requires the CDCR to disclose any information which may  
            threaten the security of an institution or the safety of the  
            surrounding community. (Penal Code § 5004.5.)

          This bill:

           1) Requires CDCR to establish a statewide policy on operational  
            procedures for handling threats made by inmates, wards, or by  
            the family members of inmates and wards, against CDCR staff. 

           2) Requires the policy to include methods to ensure that CDCR  
            staff members are advised of threats made against them by  
            inmates, wards, or the family members of inmates and wards. 

           3) Requires that all threats against CDCR staff made by  
            inmates, wards, or the family members of inmates and wards be  
            thoroughly investigated. 







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           4) Requires that a copy of the statewide policy be made  
            accessible to members of the public, upon request.

           5) Does not prohibit an individual institution within CDCR from  
            developing a more detailed notification procedure for advising  
            staff members of threats made against them.  If an individual  
            institution has a more detailed policy, the policy is required  
            to be accessible to every member of the staff of the  
            institution.  

           6) Requires CDCR to provide training on the policy developed  
            pursuant to this section, as specified. 

          7) Takes effect immediately.

           8) Sets an implementation date for July 1, 2016 and adds  
            coauthor, Senator Anderson.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified6/26/15)


          AFL-CIO
          American Federation of State, County and Municipal Employees
          California Correctional Peace Officers Association
          California Correctional Supervisors Organization
          Service Employees International Union, Local 1000


          OPPOSITION:   (Verified6/26/15)


          Legal Services for Prisoners with Children


          ARGUMENTS IN SUPPORT:     According to the author:


               Under existing law, there is no requirement that CDCR  
               develop statewide notification procedures for handling  







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               death threats. Moreover, there is no requirement that  
               individual institutions have policies. Of the  
               institutions that do currently have policies, there is  
               no requirement that those policies are made available  
               to ensure proper procedure is followed and that  
               notification occurs and threats are fully  
               investigated. 


               The current situation potentially puts the peace  
               officer, the officer's family, and the officer's  
               community at risk. 


               AB 293 seeks to improve safety by creating uniformity  
               among our correctional institutions and consistency  
               for investigating threats. 


          ARGUMENTS IN OPPOSITION:     Legal Services for Prisoners with  
          Children states, in part:


               While it would be helpful for CDCR to establish  
               uniform, statewide policies, we feel that the  
               Legislature could be much more proactive. Rather than  
               let CDCR draft its own policy, the Legislature should  
               use its authority to draft one that is sensible and  
               fair. Letting CDCR draft its own disciplinary  
               practices overlooks the important mandate that the  
               Legislature has to govern California's prison system.


               Threats made against correctional officers are often  
               unsubstantiated. In disciplinary hearings, it is often  
               the officer's word against the inmates. This bill, by  
               not containing sufficient provisions, would allow  
               prison officials to use criminal threats as a way of  
               seeking disciplinary retaliation against California  
               prisoners. This bill would be improved if it set forth  
               protections for inmates, such as strict evidentiary  
               criteria in disciplinary hearings and limits on the  
               type of severity of punishment (if someone is found  
               guilty). Furthermore, this bill should clearly state  







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               that prisoners cannot be punished or have privileges  
               taken away if it is found that their family members  
               threatened a correctional staff member.

          ASSEMBLY FLOOR:  78-0, 4/9/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, Olsen, Patterson,  
            Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Calderon, O'Donnell

          Prepared by:Linda Tenerowicz / PUB. S. / 
          7/1/15 16:19:45


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