BILL NUMBER: SB 892 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 2, 2014
AMENDED IN SENATE MARCH 18, 2014
INTRODUCED BY Senator Hancock
(Coauthors: Senators Anderson, De León, Lara, Leno, and Steinberg)
(Coauthors: Assembly Members Ammiano and Skinner)
JANUARY 13, 2014
An act to amend Sections 2932, 2933.6
, 6126, and 6126.3 of, and to add Article 7 (commencing
with Section 2696.5) to Chapter 4 of Title 1 of Part 3 of, the Penal
Code, relating to state prisons.
LEGISLATIVE COUNSEL'S DIGEST
SB 892, as amended, Hancock. State prisons.
Existing law authorizes Security Housing Units for segregation of
certain prisoners for disciplinary or security purposes, and because
of gang membership or association.
This bill would require specified due process procedures for
determining if an inmate is a member of or an associate of a
gang, and subject to placement in a Security Housing Unit
a security threat group affiliate . The bill would require
the Office of the Inspector General, commencing January 1, 2016, to
review every determination security threat
group validation and revalidation completed on or after July 1,
2015, prior to the offender being placed in a Security
Housing Unit, and in which confidential information was
used, that an inmate is a gang member or associate, to
determine whether the minimum level of due process was provided and
that the determination was supported by the evidence. If the
Inspector General concludes that the determination was not supported
by the evidence, or that the inmate was not provided the minimum
level of due process, the bill would require the Inspector General to
notify the Institutional Classification Committee of its
determination, and to elevate its concerns through the chain of
supervision within the Department of Corrections and Rehabilitation
to resolve the dispute if necessary, as provided. The bill would
require that an offender's placement in a Security Housing Unit be
delayed until the dispute is resolved and would require the dispute
process to be concluded within 30 days. used.
Any documents pertaining to the review of security threat group
validations would not be subject to a public records request or
discovery.
The bill would require an inmate subject to an indeterminate
Security Housing Unit term as a result of a security threat
group validation to be placed in a multistep program
designed to promote positive behavior and cessation of gang-related
activities, and promotion of successful assimilation of the
with the ultimate goal of returning the inmate back into
the general prison population as rapidly as possible .
The bill would require the Inspector General, on or before
July 1, 2016, to review the central files of each inmate who is
subject to an indeterminate Security Housing Unit term who is denied
progression within the program to assess the department's compliance
with the program. The bill would require the
department to prepare a reentry plan for every offender who will
parole directly out of the Security Housing Unit or Psychiatric
Services Unit into the community.
The bill would require an inmate subject to a determinate Security
Housing Unit term to receive an individualized plan to
address the conduct giving rise to the term in the Security Housing
Unit, and to promote or an offender in the multistep
program to be provided with pr omising or evidence-based
programming that promotes successful assimilation back into the
general prison population. The bill would authorize an
inmate serving a determinate Security Housing Unit term to earn
credits toward reducing that term. The bill would
require the department to prepare a reentry plan for every offender
who will parole directly out of the Security Housing Unit or
Psychiatric Services Unit into the community.
The bill would require the Office of the Inspector
General to review the department's compliance with the above
provisions and to issue reports, no less than annually, to the
Governor and the Legislature summarizing its review.
The bill would require an inmate in a Security Housing Unit or
Psychiatric Services Unit to have access to educational programming,
to have weekly face-to-face interaction with uniformed and
civilian staff, to have access to radio or television, and
the opportunity to earn additional specified privileges. The
bill would require the Inspector General, on or before July 1, 2016,
and biennially thereafter, to review and assess the department's
compliance with these provisions.
The bill would require mental health screening for an
inmate placed in the Security Housing Unit. The bill would require
the Inspector General, on or before July 1, 2016, and biennially
thereafter, to review and assess the department's compliance with
these provisions. The bill would require the department to
employ 2 ombudsmen to act as offender resource specialists for
Security Housing Units and Psychiatric Services Units, to be
responsible for, among other things, assisting an inmate with
concerns about the inmate's responsibilities and rights during
confinement in one of those units, and responding to an inmate's
family member's inquiries. The bill would require the
Inspector General to employ 5 security housing specialists to monitor
the programming and conditions of security housing units.
The bill would require the department, commencing July 1, 2015,
to the extent the data is already being collected, to
collect specified data regarding inmates subject to a term in a
Security Housing Unit. The bill would require the Office of the
Inspector General, commencing January 1, 2017, and biennially
thereafter, to use the data to prepare reports for the Legislature on
specified criteria pertaining to inmates in a Security Housing Unit
and a Psychiatric Services Unit.
Existing law provides that an inmate placed in a Security Housing
Unit for specified crimes or because of gang association or
membership, or placed in a Psychiatric Services Unit, is ineligible
to earn credits towards reducing his or her sentence during the time
the inmate is in the Security Housing Unit.
This bill would permit the Department of Corrections and
Rehabilitation to establish regulations to allow specified inmates to
earn credits, as specified.
This bill would provide that those inmates would be eligible to
earn credits toward reducing their sentences while in a Security
Housing Unit or Psychiatric Services Unit for a period during which
the inmate has been free of disciplinary action for 6 consecutive
months.
The bill would state findings and declarations by the Legislature
relative to Security Housing Units and would make conforming
changes .
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Prisons serve a vital role in California's public safety and
criminal justice system. The prison system also is an increasingly
expensive government program.
(b) The mission of the Department of Corrections and
Rehabilitation is to enhance public safety through safe and secure
incarceration of the most serious and violent offenders, and to
provide effective parole supervision and rehabilitative strategies
for the successful reintegration of offenders into our communities.
(c) The criminal justice system must be transparent and include
performance measures that hold it accountable for its results in
protecting the public, reducing reoffending, and conserving taxpayers'
money.
(d) Long-term segregated housing as a prison management strategy
should be used only as a last resort and should be limited in
duration. The conditions of confinement should include evidence-based
programs designed to return the offender to the general prison
population.
SEC. 2. Article 7 (commencing with Section 2696.5) is added to
Chapter 4 of Title 1 of Part 3 of the Penal Code, to read:
Article 7. The Security Housing Unit
2696.5. (a) In any case in
which the department seeks to validate an offender as a security
threat group affiliate, the department shall provide an offender due
process. An offender shall be afforded, at a minimum, the following
procedural protections:
(1)
(a) Timely, written, and effective notice that security
threat group validation is being considered, and the facts upon
which that consideration is based.
(2)
(b) Decisionmaking by a dedicated and specially trained
classification committee.
(3)
(c) A hearing at which the offender may be heard in
person and, absent an individualized determination of good cause, has
a reasonable opportunity to present available witnesses and
information.
(4)
(d) An interpreter, if necessary, for the offender to
understand or participate in the proceedings.
(5) An advocate
(e) A staff assistant to assist
with the offender's investigation.
(6)
(f) An independent determination by the committee of
the reliability and credibility of confidential
informants. Information supplied by an informant shall only
be considered by the committee if there is a finding, based on
additional evidence, that the informant has personal and actual
knowledge of the information he or she has provided.
(7)
(g) A written statement in plain language setting forth
the specific evidence relied upon, and the reasons for, validation.
(b) (1) Commencing January 1, 2016, the Office of the Inspector
General shall, prior to placement of an offender in a Security
Housing Unit, review every security threat group validation and
revalidation completed on or after July 1, 2015, in which
confidential information was used, to determine whether the minimum
level of due process was provided to the validated offender and that
the validation was supported by the evidence. If the Office of
Inspector General concludes that the security threat group validation
was not supported by the evidence or that the offender was not
provided the minimum level of due process, the Office of Inspector
General shall notify the Institution Classification Committee of its
determination. If the Institution Classification Committee disagrees
with the Inspector General's determination, the Inspector General
shall elevate its concerns through the chain of supervision within
the department as necessary to resolve the dispute, up to and
including the Secretary of the Department of Corrections and
Rehabilitation. An offender's placement in a Security Housing Unit
shall be delayed until the dispute is resolved. The dispute process
shall be concluded within 30 days.
(2) The duties established in paragraph (1) shall also include the
review of each decision to deny an offender progress in, or to
regress an offender in, a the Step Down Program, if that decision
involved confidential information.
2697. (a) Commencing on January 1, 2015, an offender placed in
the Security Housing Unit as a result of a security threat group
validation, shall be placed in the Step Down Program. Offenders who
were placed in the Security Housing Unit prior to January 1, 2015,
shall be placed in the Step Down Program by the department's
designated review board no later than July
December 1, 2016. The Step Down Program is a multistep program
designed to provide programming with the ultimate goal of returning
the offender to the general prison population. The goal of the Step
Down Program shall be to return prisoners to the general population
as rapidly as possible, consistent with the safety and security of
institutions of the department and shall not consist of more
than five steps. department. It shall operate
on the presumption that every prisoner who enters the Step Down
Program can complete it in a timely manner.
(b) Within 30 days of an offender being placed into the Step Down
Program, and by July 1, 2015, for all offenders who began serving an
indeterminate Security Housing Unit term prior to January 1, 2015,
the department shall develop an individualized plan for the offender.
The plan shall include, but not be limited to, an assessment of the
offender's needs, an individualized strategy to provide the offender
with programming to address those needs, and a statement of the
expectations for the offender to progress through the Step Down
Program. The department shall provide the plan to the offender and
explain it so that the offender can understand his or her
responsibilities under the plan. A copy of the plan shall be placed
in the offender's central file.
(c)
(b) An offender in the Step Down Program shall be
provided with promising or evidence-based programming. The
programming shall include incentives to promote positive behavior.
The programming shall also promote the successful assimilation of an
offender back into the general prison population. Information
obtained from the offender during this programming shall not be used
in a rules violation report against the offender or to keep the
offender in the Security Housing Unit. The department shall have
power to promulgate regulations to define "promising programming."
(d) The department shall track the offender's progress in meeting
the requirements of the plan described in subdivision (b).
(e) An offender in the Step Down Program shall be assessed by a
correctional counselor every 180 days, in order to monitor the
offender's progress. The correctional counselor and the offender
resource specialist shall meet with the offender and provide the
offender with a progress report that outlines what requirements the
offender is not meeting and what the offender is expected to do to
progress within the Step Down Program. An interpreter shall be
provided, if necessary, so that the offender can understand and
participate in the assessment. A copy of the report shall be placed
in the offender's central file.
(f) An offender shall have the opportunity to advance to the next
step of the Step Down Program after successful participation in the
current step for 180 days.
(g) The department shall prepare a comprehensive reentry plan for
every offender who will parole directly out of the Security Housing
Unit or the Psychiatric Services Unit into the community.
(h) On or before July 1, 2016, and continually thereafter, the
Office of the Inspector General shall review the central file of each
offender who is denied progress within the Step Down Program to
assess the department's compliance with this section.
2697.5. (a) Within 30 days of an offender beginning a determinate
Security Housing Unit term, and by July 1, 2015, for all offenders
who began serving a determinate Security Housing Unit term prior to
January 1, 2015, the department shall develop an individualized plan
for the offender. The plan shall include an assessment of the
offender's needs, an individualized strategy to provide the offender
with programming to address those needs, and a statement of the
expectations for the offender to progress toward fewer restrictions
and lower levels of custody based on the offender's behavior. The
department shall provide the plan to the offender and explain it, so
that the offender can understand those expectations. A copy of the
plan shall be placed in the offender's central file.
(b)
2697.5. (a) An offender serving
a determinate Security Housing Unit term shall be provided with
promising or evidence-based programming. The programming shall
promote the successful assimilation of the offender back into the
general prison population. Information obtained from the offender
during the programming shall not be used in a rules violation report
against the offender, or to keep the offender in the Security Housing
Unit. The department shall have power to promulgate regulations
to define "promising programming."
(c) The department shall track the offender's progress in meeting
the requirements of the plan described in subdivision (a).
(d) An offender serving a determinate Security Housing Unit term
shall be assessed by a correctional counselor every 180 days, in
order to monitor the offender's progress. The correctional counselor
and the offender resource specialist shall meet with the offender and
provide the offender with a progress report that outlines what
requirements the offender is not meeting and what the offender is
expected to do to be eligible for additional privileges and early
release from the Security Housing Unit. An interpreter shall be
provided, if necessary, so that the offender can understand and
participate in the assessment. A copy of the report shall be placed
in the offender's central file.
(e) An offender serving a determinate Security Housing Unit term
shall be eligible to earn credits towards early release from the
Security Housing Unit. The department shall be responsible for
developing guidelines for earning those credits.
(f)
(b) The department shall prepare a
comprehensive reentry plan for every offender who will
parole directly out of the Security Housing Unit or Psychiatric
Services Unit into the community.
(g) (1) Commencing on July 1, 2015, the Inspector General shall
review the department's compliance with this section. The Inspector
General shall issue reports to the Governor and the Legislature, no
less than annually, summarizing its review.
(2) The report required by paragraph (1) shall be submitted in
compliance with Section 9795 of the Government Code.
2698. (a) An offender placed in the Security Housing Unit or the
Psychiatric Services Unit shall be provided with meaningful forms of
mental, physical, and social stimulation. Those forms of stimulation
shall include, but not be limited to, both of the
following:
(1) Access to educational programming, including in-cell
programming, that shall be developed for an offender who is not
permitted to leave his or her cell.
(2) Opportunities to exercise in the presence of other offenders,
provided however, that the offenders may be separated by security
barriers, if necessary.
(3) Weekly face-to-face interaction with both uniformed and
civilian staff or volunteers.
(4)
(2) Access to radio or television.
(b) The department shall create a behavior-driven progressive
incentives program that includes, but is not limited to, both of
the following: following,
(1) For
for any 30-day period where during
which an offender in the Security Housing Unit or Psychiatric
Services Unit does not receive a rules violation report:
(A)
(1) One additional phone call in the following month.
(B)
(2) One additional photograph, for a maximum of 10.
(2) For any 180-day period where an offender in the Security
Housing Unit or Psychiatric Services Unit does not receive a rules
violation report, the offender shall be entitled to one additional
personal property package with a maximum weight of 30 pounds.
(c) An offender shall be entitled to the privileges in subdivision
(b) if a disciplinary action is reversed, dismissed, or modified to
a minor rules violation.
(d) On or before July 1, 2016, and biennially thereafter, the
Office of the Inspector General shall review and assess the
department's compliance with this section.
2698.5. (a) An offender shall undergo a mental health screening
by a qualified mental health professional within 30 days before
beginning a term in the Security Housing Unit. An offender who has
been diagnosed with a serious mental illness or who has a history of
serious mental illness and decompensation in segregated settings
shall not be placed in the Security Housing Unit.
(b) All offenders segregated in a Security Housing Unit as of
January 1, 2015, shall undergo a mental health assessment by a
qualified mental health professional by July 31, 2015. Prisoners
found to be suffering from a serious mental illness shall be removed
from the Security Housing Unit.
(c) The department shall provide training to all correctional
staff in the Security Housing Unit and Psychiatric Services Unit on
how to respond to an individual experiencing a psychiatric crisis in
ways that reduce rather than escalate the crisis.
(d) On or before July 1, 2016, and biennially thereafter, the
Office of the Inspector General shall review and assess the
department's compliance with this section.
2699. The Commencing July 1, 2015, the
department shall employ two ombudsmen to act as offender
resource specialists for Security Housing Units and Psychiatric
Services Units. The offender resource specialist's responsibilities
shall include, but not be limited to, the following:
(a) Assisting an offender with concerns and questions concerning
the offender's responsibilities and rights during confinement in the
Security Housing Unit or Psychiatric Services Unit.
(b) Responding to inquiries from an offender's family members.
(c) Explaining Security Housing Unit and Psychiatric Services Unit
policies to the public.
2699.5. (a) Commencing July
1, 2015, the department shall collect shall,
only to the extent that the following data is already being
collected via the Strategic Offender Management System or other
electronic tracking systems utilized by the department, report
the following data to the Office of the Inspector General at six
month intervals :
(1)
(a) Information relating to each offender who is going
through, or has gone through, the validation process for determining
a security threat group affiliate, including the following:
(A)
(1) The offender's gender, age, mental health status,
and race.
(B)
(2) The outcome at every step of the validation
process.
(C)
(3) If the offender was validated, the date of
validation.
(D)
(4) If the offender was validated, the level of
validation that the offender was assigned.
(2)
(b) Information relating to the offender being housed
in the Security Housing Unit or Psychiatric Services Unit, including
the following:
(A)
(1) The offender's gender, age, mental health status,
and race.
(B)
(2) The date the offender was placed in the Security
Housing Unit or Psychiatric Services Unit and the date of release.
(C)
(3) The reason the offender is serving a Security
Housing Unit term.
(D)
(4) If the offender is serving an indeterminate
Security Housing Unit term, the progress the offender has made in the
Step Down Program.
(E)
(5) For offenders in the Step Down Program, the time
spent in each step of the program.
(F)
(6) The number of visits from persons other than staff
that the offender was provided while serving a term in the Security
Housing Unit or Psychiatric Services Unit.
(G)
(7) The number of telephone calls the offender was
provided while serving a term in the Security Housing Unit.
(H)
(8) Whether the offender attempted to commit or
committed suicide.
(I)
(9) Any disciplinary action taken against the offender,
and the result of that action.
(J)
(10) Whether the offender was paroled directly out of
the Security Housing Unit or the Psychiatric Services Unit into the
community.
(3)
(c) The number of administrative appeals filed by
offenders in the Security Housing Unit or Psychiatric Services Unit,
the subject matter of the appeals, and the outcome of the appeals.
(b) Commencing January 1, 2017, and biennially thereafter, the
Office of the Inspector General shall use the data described in
subdivision (a) to prepare a report to the Legislature that includes,
but is not limited to, the following information:
(1) The number of offenders investigated for security threat group
validation and the number of investigations that resulted in a
validation.
(2) The number of cases in which the Office of Correctional Safety
recommended against validation and the outcome of those cases.
(3) The number of cases in which the security threat group
committee decided not to validate the offender.
(4) The number of offenders who were not initially placed in the
Security Housing Unit or Psychiatric Services Unit but were sent to
the Security Housing Unit or Psychiatric Services Unit within six
months of validation.
(5) The number of offenders placed for an indeterminate Security
Housing Unit term or in the Psychiatric Services Unit.
(6) The number of offenders placed for a determinate Security
Housing Unit term or in the Psychiatric Services Unit.
(7) The average length of time offenders serving an indeterminate
Security Housing Unit term spent in the Security Housing Unit or the
Psychiatric Services Unit, or both.
(8) The average length of time offenders spent in each step of the
Step Down Program.
(9) The number of suicide attempts made by offenders in the
Security Housing Unit and the Psychiatric Services Unit.
(10) The number of suicides by offenders in the Security Housing
Unit and the Psychiatric Services Unit.
(11) The number of offenders in the Security Housing Unit and the
Psychiatric Services Unit who were paroled directly out of the
Security Housing Unit and the Psychiatric Services Unit into the
community.
(12) The number of disciplinary actions taken against offenders in
the Security Housing Unit and the Psychiatric Services Unit, the
type of actions, and the outcomes of the disciplinary actions.
(13) The number of visits by persons other than staff to offenders
in the Security Housing Unit and the Psychiatric Services Unit.
(14) The number of telephone calls provided to offenders in the
Security Housing Unit and the Psychiatric Services Unit.
(15) The number of administrative appeals filed by offenders in
the Security Housing Unit or the Psychiatric Services Unit, the
subject matter of the appeals, and the outcomes of those appeals.
(c) The report required by subdivision (b) shall be submitted in
compliance with Section 9795 of the Government Code.
2699.7. (a) Commencing January 1, 2017, and biennially
thereafter, the Office of the Inspector General shall use the data
described in Section 2699.5 to prepare a report to the Legislature
that includes, but is not limited to, the following information:
(1) The number of offenders investigated for security threat group
validation and the number of investigations that resulted in a
validation.
(2) The number of cases in which the Office of Correctional Safety
recommended against validation and the outcome of those cases.
(3) The number of cases in which the security threat group
committee decided not to validate the offender.
(4) The number of offenders who were not initially placed in the
Security Housing Unit or Psychiatric Services Unit but were sent to
the Security Housing Unit or Psychiatric Services Unit within six
months of validation.
(5) The number of offenders placed for an indeterminate Security
Housing Unit term or in the Psychiatric Services Unit.
(6) The number of offenders placed for a determinate Security
Housing Unit term or in the Psychiatric Services Unit.
(7) The average length of time offenders serving an indeterminate
Security Housing Unit term spent in the Security Housing Unit or the
Psychiatric Services Unit, or both.
(8) The average length of time offenders spent in each step of the
Step Down Program.
(9) The number of suicide attempts made by offenders in the
Security Housing Unit and the Psychiatric Services Unit.
(10) The number of suicides by offenders in the Security Housing
Unit and the Psychiatric Services Unit.
(11) The number of offenders in the Security Housing Unit and the
Psychiatric Services Unit who were paroled directly out of the
Security Housing Unit and the Psychiatric Services Unit into the
community.
(12) The number of disciplinary actions taken against offenders in
the Security Housing Unit and the Psychiatric Services Unit, the
type of actions, and the outcomes of the disciplinary actions.
(13) The number of visits by persons other than staff to offenders
in the Security Housing Unit and the Psychiatric Services Unit.
(14) The number of telephone calls provided to offenders in the
Security Housing Unit and the Psychiatric Services Unit.
(15) The number of administrative appeals filed by offenders in
the Security Housing Unit or the Psychiatric Services Unit, the
subject matter of the appeals, and the outcomes of those appeals.
(b) The Office of the Inspector General shall do all of the
following:
(1) Commencing January 1, 2016, the Office of the Inspector
General shall review every security threat group validation and
revalidation completed on or after July 1, 2015, in which
confidential information was used.
(2) Commencing July 1, 2015, the Office of the Inspector General
shall review the department's compliance with Section 2697 and
2697.5. The Office of the Inspector General shall issue reports to
the Governor and the Legislature, no less than annually, summarizing
its review.
(c) The reports required by this section shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 3. Section 2932 of the Penal Code is
amended to read:
2932. (a) (1) For any time credit accumulated pursuant to Section
2931 or 2933, not more than 360 days of credit may be denied or lost
for a single act of murder, attempted murder, solicitation of
murder, manslaughter, rape, sodomy, or oral copulation accomplished
against the victim's will, attempted rape, attempted sodomy, or
attempted oral copulation accomplished against the victim's will,
assault or battery causing serious bodily injury, assault with a
deadly weapon or caustic substance, taking of a hostage, escape with
force or violence, or possession or manufacture of a deadly weapon or
explosive device, whether or not prosecution is undertaken for
purposes of this paragraph. Solicitation of murder shall be proved by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
(3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
(4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections and
Rehabilitation. Any person confined due to a change in custodial
classification following the commission of any serious disciplinary
infraction shall, in addition to any loss of time credits, be
ineligible to receive participation or worktime credit for a period
not to exceed the number of days of credit which have been lost for
the act of misconduct or
180 days, whichever is less. Any person confined in a Security
Housing Unit for having committed any misconduct specified in
paragraph (1) in which great bodily injury is inflicted upon a
nonprisoner shall, in addition to any loss of time credits, be
ineligible to receive participation or worktime credit for a period
not to exceed the number of days of credit which have been lost for
that act of misconduct. In unusual cases, an inmate may be denied the
opportunity to participate in a credit qualifying assignment for up
to six months beyond the period specified in this subdivision if the
Secretary of the Department of Corrections and Rehabilitation finds,
after a hearing, that no credit qualifying program may be assigned to
the inmate without creating a substantial risk of physical harm to
staff or other inmates. At the end of the six-month period and of
successive six-month periods, the denial of the opportunity to
participate in a credit qualifying assignment may be renewed upon a
hearing and finding by the director.
(5) The prisoner may appeal the decision through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
(b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of participation credit may be denied or lost for a
single failure or refusal to participate. Any act of misconduct
described by the Department of Corrections and Rehabilitation as a
serious disciplinary infraction if committed while participating in
work, educational, vocational, therapeutic, or other prison activity
shall be deemed a failure to participate.
(c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections and Rehabilitation for
serious disciplinary infractions if those procedures are not in
conflict with this section.
(1) (A) The Department of Corrections and Rehabilitation shall,
using reasonable diligence to investigate, provide written notice to
the prisoner. The written notice shall be given within 15 days after
the discovery of information leading to charges that may result in a
possible denial of credit, except that if the prisoner has escaped,
the notice shall be given within 15 days of the prisoner's return to
the custody of the secretary. The written notice shall include the
specific charge, the date, the time, the place that the alleged
misbehavior took place, the evidence relied upon, a written
explanation of the procedures that will be employed at the
proceedings and the prisoner's rights at the hearing. The hearing
shall be conducted by an individual who shall be independent of the
case and shall take place within 30 days of the written notice.
(B) The Department of Corrections and Rehabilitation may delay
written notice beyond 15 days when all of the following factors are
true:
(i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
(ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
(iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
(iv) The warden of the institution approves of the delay in
writing.
The period of delay under this paragraph shall not exceed 30 days.
The prisoner's hearing shall take place within 30 days of the
written notice.
(2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department that
either of the following circumstances exist:
(A) The prisoner is illiterate.
(B) The complexity of the issues or the prisoner's confinement
status makes it unlikely that the prisoner can collect and present
the evidence necessary for an adequate comprehension of the case.
(3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request. The specific reasons shall be
set forth in writing and a copy of the document shall be presented to
the prisoner.
(4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
(5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
(d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner may
appeal the decision through the department's review procedure, and
may, upon final notification of appeal denial, within 15 days of the
notification demand review of the department's denial of credit to
the Board of Parole Hearings, and the board may affirm, reverse, or
modify the department's decision or grant a hearing before the board
at which hearing the prisoner shall have the rights specified in
Section 3041.5.
(e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.
(f) (1) If the conduct the prisoner is charged with also
constitutes a crime, the department may refer the case to criminal
authorities for possible prosecution. The department shall notify the
prisoner, who may request postponement of the disciplinary
proceedings pending the referral.
(2) The prisoner may revoke his or her request for postponement of
the disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the hearing
within 30 days of the revocation.
(3) Notwithstanding the notification requirements in this
paragraph and subparagraphs (A) and (B) of paragraph (1) of
subdivision (c), in the event the case is referred to criminal
authorities for prosecution and the authority requests that the
prisoner not be notified so as to protect the confidentiality of its
investigation, no notice to the prisoner shall be required until an
accusatory pleading is filed with the court, or the authority
notifies the warden, in writing, that it will not prosecute or it
authorizes the notification of the prisoner. The notice exceptions
provided for in this paragraph shall only apply if the criminal
authority requests of the warden, in writing, and within the 15 days
provided in subparagraph (A) of paragraph (1) of subdivision (c),
that the prisoner not be notified. Any period of delay of notice to
the prisoner shall not exceed 30 days beyond the 15 days referred to
in subdivision (c). In the event that no prosecution is undertaken,
the procedures in subdivision (c) shall apply, and the time periods
set forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute. In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
(4) In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections and Rehabilitation shall not
deny time credit where the prisoner is found not guilty and may deny
credit if the prisoner is found guilty, in which case the procedures
in subdivision (c) shall not apply.
(g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
(h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.
SEC. 4. SEC. 3. Section 2933.6 of
the Penal Code is amended to read:
2933.6. (a) Notwithstanding any other law, except as
provided in subdivision (d), a person who is placed in a
Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit for misconduct
described in subdivision (b) or upon validation as a prison gang
member or associate is ineligible to earn credits pursuant to Section
2933 or 2933.05 during the time he or she is in the Security Housing
Unit, Psychiatric Services Unit, Behavioral Management Unit, or the
Administrative Segregation Unit for that misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This Subdivision (a) of this
section does not apply if the administrative finding of the
misconduct is overturned or if the person is criminally prosecuted
for the misconduct and is found not guilty.
(d) This section does not apply during any period during which an
offender in the Security Housing Unit has remained free of
disciplinary action for six consecutive months.
(d) Notwithstanding subdivision (a), the Department of Corrections
and Rehabilitation may establish regulations to allow specified
inmates placed in a Security Housing Unit, Psychiatric Services Unit,
Behavioral Management Unit, or an Administrative Segregation Unit to
earn credits pursuant to Section 2933 or 2933.05, or credits as
otherwise specified in regulation, during the time he or she is in
the Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or the Administrative Segregation Unit. The
regulations shall provide for separate classifications of serious
disciplinary infractions as they relate to restoration of credits,
the time period required before forfeited credits or a portion
thereof may be restored, and the percentage of forfeited credits that
may be restored for those time periods, not to exceed those
percentages authorized for general population inmates. The
regulations shall provide for credit earning for inmates who
successfully complete specific program performance objectives.
SEC. 5. Section 6126 of the Penal Code is
amended to read:
6126. (a) The Inspector General shall be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process of the Department of Corrections and
Rehabilitation, pursuant to Section 6133 under policies to be
developed by the Inspector General.
(b) When requested by the Governor, the Senate Committee on Rules,
or the Speaker of the Assembly, the Inspector General shall review
policies, practices, and procedures of the department. The Inspector
General, under policies developed by the Inspector General, may
recommend that the Governor, the Senate Committee on Rules, or the
Speaker of the Assembly request a review of a specific departmental
policy, practice, or procedure that raises a significant correctional
issue relevant to the effectiveness of the department. When exigent
circumstances of unsafe or life threatening situations arise
involving inmates, wards, parolees, or staff, the Inspector General
may, by whatever means is most expeditious, notify the Governor,
Senate Committee on Rules, or the Speaker of the Assembly.
(c) (1) Upon completion of a review, the Inspector General shall
prepare a complete written report, which shall be held as
confidential and disclosed in confidence, along with all underlying
materials the Inspector General deems appropriate, to the requesting
entity in subdivision (b) and the appropriate law enforcement agency.
(2) The Inspector General shall also prepare a public report. When
necessary, the public report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public reports shall be
posted on the Office of the Inspector General's Internet Web site.
(d) The Inspector General shall, during the course of a review,
identify areas of full and partial compliance, or noncompliance, with
departmental policies and procedures, specify deficiencies in the
completion and documentation of processes, and recommend corrective
actions, including, but not limited to, additional training,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.
(e) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
(g) The Inspector General shall conduct an objective,
metric-oriented oversight and inspection program to periodically
review delivery of the reforms identified in the document released by
the Department of Corrections and Rehabilitation in April 2012,
entitled The Future of California Corrections: A Blueprint to Save
Billions of Dollars, End Federal Court Oversight, and Improve the
Prison System (the blueprint), including, but not limited to, the
following specific goals and reforms described by the blueprint:
(1) Whether the department has increased the percentage of inmates
served in rehabilitative programs to 70 percent of the department's
target population prior to their release.
(2) The establishment of an adherence to the standardized staffing
model at each institution.
(3) The establishment of an adherence to the new inmate
classification score system.
(4) The establishment of and adherence to the new prison gang
management system, including changes to the department's current
policies for identifying prison-based gang members and associates and
the use and conditions associated with the department's security
housing units.
(5) The implementation of and adherence to the Comprehensive
Housing Plan described in the blueprint.
(h) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
(i) The Inspector General shall employ five secured housing
specialists. The secured housing specialists shall monitor the
programming and conditions of security housing units, in addition to
assuming any related duties determined by the Inspector General.
SEC. 6. SEC. 4. Section 6126.3 of
the Penal Code is amended to read:
6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed review within three years
after a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(c) of Section 6126, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any review that has
not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
(6) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to the review of
security threat group validations made pursuant to Section 2696.5.
SEC. 7. SEC. 5. The Legislature
finds and declares that Section 6 4 of
this act imposes a limitation on the public's right of access to
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following finding to demonstrate the
interest protected by this limitation and the need for protecting
that interest: the Legislature finds and declares that in order to
protect the security of the Department of Corrections and
Rehabilitations, its staff and inmates, it is necessary to exempt any
papers, correspondence, memoranda, electronic communications, or
other documents pertaining to the review of security threat group
validations made pursuant to Section 2696.5 from public disclosure.