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LEGISLATIVE TRACKING Each legislative session, CCSO identifies and tracks legislation that is relevant to our membership, the Youth and Adult Correctional Departments, and other related topics affecting state employees. For your information and review we have listed the bills CCSO has taken a position on. We have included the bill number, authors name, bill topic, brief description, and the CCSO position. For information about a specific bill, please CLICK on the bill number. For information about the author, please CLICK on the legislator's name. For any additional information, please e-mail us at ccso@charterinternet.com, or contact our office at 800.449.2940. AB 24 (Richardson) Summary: Existing law makes it a misdemeanor punishable by confinement in a county jail for not more than one year, or a felony punishable by imprisonment in state prison, or by a fine of not less than $1,000 nor more than $10,000, or by both the fine and imprisonment for a person who flees or attempts to elude a pursuing peace officer by driving in a willful and wanton disregard for the safety of a person or property, as defined. This bill would make the above described offense exclusively a felony, and would revise the definition of willful and wanton disregard for the safety of a person or property to specifically include the unlawful driving offense within a school zone, as defined, or where a pedestrian is present. The bill would require a term served for this conviction be served full, separate, and consecutively. The bill would also require that, upon release from confinement, the driving privileges of a person convicted, be restricted, as described. This bill contains other related provisions and other existing laws. +++++ AB 39 (Benoit) Summary: Existing federal law requires the federal government to compensate a state for the costs of incarcerating undocumented criminal illegal aliens, or to take the undocumented criminal alien into federal custody, as specified. This bill would require the Secretary of the Department of Corrections and Rehabilitation to demand in writing that the United States Attorney General take federal custody of any undocumented criminal alien incarcerated in California's correctional system and, if the federal government does not comply with the demand, then the secretary shall annually bill the federal government for the costs of incarcerating undocumented criminal aliens. This bill contains other related provisions.
Position: support
Priority: high +++++ Summary: Existing law sets forth certain circumstances under which testing an inmate for human immunodeficiency virus (HIV) may be required, including upon request by certain peace officers or other inmates in specified circumstances. This bill would, in addition, require HIV testing for all inmates entering a correctional facility for incarceration for a period of at least one year, for persons entering a state prison or a state hospital housing patients committed pursuant to existing provisions of law, as specified. The bill would require testing between 30 and 60 days after entry into, and between 30 and 60 days prior to the expected discharge from, the facility. This bill contains other related provisions.
Position: support Priority: med +++++ Summary: Existing law provides for the care and custody of female inmates under the jurisdiction of the Department of Corrections and Rehabilitation. This bill would require the department to undertake various tasks related to female offenders. The bill would require the department to develop a community-based female offender program whereby female offenders who committed a nonviolent or nonserious offense are housed in the same facility during their term of imprisonment and while participating in a residential aftercare program during parole. The bill would require the department to develop a process to secure 2,900 community correctional center beds for nonserious and nonviolent female offenders, with no more than 200 beds in each facility. This bill contains other related provisions and other existing laws.
Position: support
Priority: med +++++ Summary: Existing law authorizes the Board of Parole Hearings to parole a prisoner. This bill would require the Secretary of the Department of Corrections and Rehabilitation to appoint a working group to develop an action plan for reforming the parole system. The bill would require the working group to submit its plan to the Legislature and the secretary not later than 90 days from the date this provision becomes operative. The bill would also authorize the Corrections Standard Authority to award a grant of not more than $75,000 to a county for the purpose of developing a multiagency local action plan relating to parolees. The bill would appropriate $4,350,000 from the General Fund to the authority for this purpose. The bill would require that a local multiagency council with specified membership develop the plan and submit it to the board of supervisors of the county. The bill would require the board of supervisors to report to the authority prior to June 30, 2008, on the components of the plan it has selected for implementation.
Position: support Priority: high +++++ Summary: Existing law requires that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 receive salary and benefit changes that are at least generally equivalent to the salary and benefits granted to employees they supervise. This bill would instead require that all excluded employees who supervise or manage state employees, as specified, receive salary increases that are the same as the salary increases granted to the employees they supervise or manage, and receive a benefit package that is equivalent to, or better than, that of the employees he or she supervises or manages. This bill contains other related provisions.
Position: Sponsored Priority: high +++++ AB 457 (Cook) Summary: Existing law specifies certain standards for internal affairs investigations for the Department of Corrections and Rehabilitation. This bill would, in addition, require that all allegations and complaints of employee misconduct to be investigated and the results of every investigation to be written. The bill would also require the department to develop a plan for the increased use of surveillance cameras at their institutions, and to report on that plan to specified committees of the Legislature by November 1, 2008.
Position: oppose Priority: high +++++ Summary: Existing law, the Bill of Rights for State Excluded Employees, requires the state to meet and confer upon request with verified supervisory organizations representing supervisory employees on matters within the scope of representation, and requires a state employer to provide notice to, and meet and confer with, a verified supervisory employee organization prior to arriving at a determination of policy or course of action directly impacting supervisory employees. Existing law defines a "managerial employee" as an employee having significant responsibilities for administering an agency or department or for formulating or administering its policies and programs. This bill would extend those meet and confer rights to managerial employees. This bill contains other related provisions.
Position: Sponsored Priority: high +++++ Summary: Existing law authorizes a state employee who is a member of the California National Guard or a United States military reserve organization to receive specified compensation benefits, including, but not limited to, the difference between his or her military pay and allowances and the amount the employee would have received as a state employee, for a period not to exceed 365 days if he or she is ordered to serve on active duty on and after September 11, 2001, as a result of the War on Terrorism. Existing law authorizes the Governor to extend this benefit by Executive order by up to 365 days. Under existing law, military pay and allowances, for purposes of these compensation benefits, does not include hazardous duty pay, hostile fire pay, imminent danger, or any other special and incentive pay from the federal government. This bill would provide, for a state employee who is employed by the state on or after January 1, 2008, that military pay and allowances does not include hazardous duty pay, hostile fire pay, imminent danger, or any other special and incentive pay from the federal government, for allowances earned on or after September 11, 2001, by a state employee eligible for benefits pursuant to these provisions. The bill would permit that state employee to retain hazardous duty pay, hostile fire pay, imminent danger, or any other special and incentive pay provided by the federal government on or after September 11, 2001.
Position: support
Priority: high +++++ Summary: Existing law provides that California prisons are under the jurisdiction of the Department of Corrections and Rehabilitation. This bill would provide that the department shall prepare plans for the design and construction of a prison to house 4,000 inmates. This institution would exclusively house inmates whose primary reason for incarceration is addiction to alcohol or controlled substances. This bill contains other related provisions.
Position: support Priority: med +++++ Summary: This bill would create the Commission on Peace Officer Standards and Training, which would succeed to those functions.
Position: oppose Priority: high +++++ Summary: Existing law appropriates money from the Inmate Welfare Fund of the Department of Corrections and Rehabilitation for educational and recreational purposes at prison camps, as specified. Existing law also provides for the regulation of the use of weight training equipment in correctional facilities. This bill would require the Secretary of the Department of Corrections and Rehabilitation to provide inmates assigned to fire suppression efforts with access to weight training equipment in accordance with the regulations provided for the use of weight training equipment in correctional facilities.
Position: support Priority: med +++++ Summary: Existing law authorizes the Department of Personnel Administration to provide for annual leave benefits with respect to each officer and employee excluded from the definition of state employee for the purposes of the Ralph C. Dills Act, which regulates state employer-employee relations. Existing law permits an employee who is excluded from the definition of state employee for the purposes of that act to make an irrevocable election, in lieu of earning sick leave and vacation benefits, to participate in the annual leave program. This bill would provide that an excluded or exempt state employee of State Bargaining Units 5, 6, 7, and 8, who participates in the Deferred Retirement Option Program shall also participate in the annual leave program and accumulate no more than 12 hours of annual leave credits per month. This bill contains other related provisions and other existing laws.
Position: Sponsored Priority: high +++++ Summary: Existing law, until January 1, 2010, requires the Department of Corrections and Rehabilitation to establish a pilot program in East Palo Alto for parolees returning to East Palo Alto to conduct needs-based assessments of the individual parolees, partner with East Palo Alto police officers, and blend enforcement and programming services, as specified. This bill would require the Department of Corrections and Rehabilitation to establish reentry programs for parolees between 18 and 24 years of age to assist in community reintegration upon discharge from prison in the cities of Gardena, Visalia, San Francisco, Los Angeles, Moreno Valley, San Diego, Anaheim, El Monte, San Jose, Venice, Fresno, and Marysville. The reentry programs would include construction training, academic services, counseling and mentoring, and tracking of graduates after completion of the program. The bill would require the department to maintain statistical information related to the reentry programs, as specified. The bill would also provide that these provisions would be repealed on January 1, 2011.
Position: support Priority: med +++++ Summary: Existing law generally regulates the confidentiality of various peace officer records, including records pertaining to disciplinary matters, as specified. This bill would state the intent of the Legislature to abrogate the decision of the California Supreme Court in Copley Press v. Superior Court. The bill would provide that "department" or "agency" means the department or agency that directly employs peace or custodial officers and which has established a procedure to investigate complaints by members of the public against its personnel, and that is primarily responsible for the initial investigation of the complaints and the maintenance of its investigative records. The bill would provide that the terms do not include any other government body that reviews the investigations, findings, or employment actions of a department or agency. The bill would make specified information in certain disciplinary records pertaining to peace officers available to the public, as specified. This bill contains other related provisions and other existing laws.
Position: oppose Priority: hig +++++ AB 1655 (Lieber) Summary: Existing law establishes within the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, consisting of the Division of Juvenile Facilities, the Division of Juvenile Programs, and the Division of Juvenile Parole Operations, which operate the statewide system governing wards of the court and other persons committed to the department, and the detention, rehabilitation, probation, and parole thereof. This bill would require the Division of Juvenile Justice to stop the intake of offenders, and, by April 1, 2008, would require the division to report to the Legislature on a plan that would close all division facilities and return all offenders to county jurisdiction. The bill would abolish the Division of Juvenile Justice on January 1, 2009, and would make related, conforming changes to those statutory provisions. Upon implementation, the bill would add to the duties of county employees, thereby imposing a state-mandated local program. This bill contains other related provisions and other existing laws. +++++ AB 1769(Galgiani) Summary: Existing law exempts certain peace officers from voir dire in civil and criminal matters, and other specified peace officers from voir dire in criminal matters. This bill would exempt from voir dire in criminal matters a member of a community college police department, as specified, a person employed as a member of a police department of a school district, as specified, whose primary duty is law enforcement, and a peace officer employed by a K-12 school district or a community college district who has completed certain training. The bill would also make nonsubstantive, technical changes Position: support +++++ Summary: Existing law sets forth the conditions for interrogation of a public safety officer who is under investigation, when the interrogation could lead to punitive action, as specified. Existing law prohibits the admission of any statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action in any subsequent civil proceeding. Under existing law, that prohibition shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer. This bill would prohibit the admission of any statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action in any subsequent judicial proceeding. This bill would provide that this prohibition shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil service sanctions against any public safety officer. +++++ AB 1858(Jeffries) Summary: Existing law requires an elected public officer, as defined, who takes office or is reelected to office on or after January 1, 2006, to forfeit specified retirement benefits that accrue during his or her term of office if he or she is convicted of any of certain felonies arising out of his or her official duties, unless the governing body authorizes the public officer to receive those benefits. Existing law provides that any contributions made by the elected public officer that arose directly from or accrued solely as a result of his or her forfeited service as an elected public officer shall be returned, as specified. This bill would provide that these provisions shall apply to any public employee, as defined, who is first hired on or after January 1, 2009, who is convicted of those specified felonies arising directly out of his or her official duties as a public employee. +++++ Summary: The Public Employees' Retirement Law provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation to members of the Public Employees' Retirement System. The law provides that a special death benefit is payable if the deceased was a patrol, state peace officer/firefighter, state safety, state industrial, or local safety member, if his or her death was industrial, and if there is a survivor who qualifies, as specified. This bill would provide that the special death benefit described above is payable if the death of the member occurred from a single event injury arising out of and in the course of his or her official duties which, based on competent medical opinion, rendered the member into a persistent vegetative state devoid of cognitive function at the time of injury until the time of death. The bill would apply only to a member who retired and then died on or after July 3, 2006. +++++ Summary: Existing law establishes the contribution rate for the state and for state employees and annuitants for the purpose of providing health benefits to state employees and annuitants. This bill would provide that if a state employee or an annuitant who retired from state employment and sustained an injury as the result of a work-related event that arose out of and in the course of his or her official duties as a state employee, and that meets a specified definition of a blood-borne or airborne infectious disease, and a dependent , as defined, or former dependent of that person contracts the blood-borne disease from that person, the dependent or former dependent may receive health care benefits sufficient to cover all medically necessary health care costs associated with the disease, for the duration of the disease. The bill would require the state to contribute the cost of providing that benefit coverage from the General Fund, upon appropriation by the Legislature. The bill would also provide that a person who elects to receive these benefits would be prohibited from bringing a civil action against the state for damages related to contracting the disease. +++++ AB 2215(Berryhill) Summary: Existing law provides that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency in specified counties or in a county with a population of 425,000 or less, as specified. This bill would include custodial officers, as specified, in the Counties of Calaveras, Lake, Mariposa, and San Benito within the definition of peace officer. This bill contains other related provisions and other existing laws. +++++ Summary: Existing law provides for specified training of peace officers. Existing law provides procedures for complaints by the public regarding police misconduct. This bill would require each public safety agency, as defined, to provide the Attorney General's office with copies of the policies it has in place to ensure that the use of derogatory epithets or adverse treatment of an individual based on , or because of , that individual's sex, race, color, ancestry, religion, national origin, ethnicity, disability, sexual orientation, marital status, or medical condition is prohibited . By imposing a new duty on local agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
Position: oppose +++++ Summary: Existing law provides for the confidentiality of peace or custodial officer personnel records, as specified. Existing law also provides discovery procedures for peace or custodial officer personnel records. Existing law, developed by the courts, requires a defendant requesting those personnel records to present an affidavit that sets forth a specific internally consistent factual scenario of officer misconduct that is plausible when read in light of the pertinent documents. Existing law, developed by the courts, also permits courts to make determinations regarding what is plausible based on a reasonable and realistic assessment of the facts and allegations. This bill would require a defendant seeking personnel records to present an internally consistent factual scenario of the claimed officer misconduct that is substantially credible when read in light of the pertinent documents. This bill would further provide that an affidavit that contains a bare allegation of misconduct, or that simply denies the elements of the charged offense, or that merely denies the veracity of the police report, is insufficient. This bill would require courts to determine whether good cause for the discovery or disclosure sought has been demonstrated based on a reasonable and realistic assessment of the facts and allegations. +++++ ACR 24(Blakeslee) Summary: This measure would urge the Governor to demand the federal Bureau of Justice Assistance to reimburse the State of California for all costs of incarcerating undocumented foreign nationals, as required by federal law. Summary: Existing law establishes a system of state prisons. This bill would establish requirements for the decommissioning and redevelopment of San Quentin State Prison. Decommissioning would be required to be completed not later than December 31, 2012. The bill would also authorize the Governor to designate which state prison would house condemned inmates. This bill contains other related provisions.
Position: oppose Priority: high +++++ Summary: Existing law states that the purpose of the Division of Juvenile Programs within the Department of Corrections and Rehabilitation is to provide comprehensive training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration and accountability to victims, and to produce youth who become law-abiding and productive members of society. This bill would state the finding of the Legislature that female wards of the court who are committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, require gender-specific programming and placement that differs from that provided to male wards of the court.
Position: support Priority: med +++++ Summary: Existing law establishes the California Institution for Women for the punishment, treatment, supervision, custody, and care of female inmates. This bill would make a legislative finding that a female inmate would be more prepared for reentry into society after imprisonment if a gender-specific rehabilitative program was available to her while in prison.
Position: support
Priority: med +++++ Summary: Existing law grants certain rights to inmates in state prisons. Existing regulation allows media representatives access to state prisons with prior approval, and allows random interviews with inmates. This bill would require the Department of Corrections and Rehabilitation, upon reasonable notice, to permit representatives of the news media to interview prisoners in person, as specified. The bill would forbid retaliation against an inmate for participating in a visit by, or communicating with, a representative of the news media.
Position: oppose Priority: high +++++ SB 600 (Scott) Summary: Existing law, the Bill of Rights for State Excluded Employees, prohibits excluded employees from participation in certain labor matters on behalf of nonexcluded employees, including voting on memoranda of understanding reached on behalf of nonexcluded employees, but permits specified supervisory employees to hold office in an employee organization that represents nonexcluded employees. This bill would delete the provisions described above that permit specified supervisory employees to hold office in an employee organization that represents excluded employees. +++++ Summary: Existing law prohibits possession or use of tobacco products by inmates under the jurisdiction of the Department of Corrections and Rehabilitation, as specified. This bill would repeal these provisions. This bill contains other related provisions and other existing laws.
Position: support Priority: med +++++ Summary: Existing law establishes a procedure for a citizen to file a report of misconduct against a peace officer and makes it a misdemeanor for a person to file a false allegation of misconduct against a peace officer. This bill would expand the procedure to include filing reports of any conduct by an officer and would make it a crime to file a false report of commendation regarding a peace officer. This bill contains other related provisions and other existing laws.
Position: support
Priority: high +++++ Summary: Existing law authorizes the Department of Personnel Administration to establish a deferred compensation plan for state employees and to establish and administer the purchase of specified tax-sheltered annuity contracts. This bill would require the state to match, up to a maximum of 5% of the employee's salary, any contributions made by excluded employees to a deferred compensation plan or tax-sheltered annuity, as specified. This bill contains other existing laws.
Position: support
Priority: high +++++ Summary: Existing law, the California Constitution, prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (1) authorizes the debt for a single object or work specified in the act, (2) has been passed by a 2/3 vote of all the members elected to each house of the Legislature, (3) has been submitted to the people at a statewide general or primary election, and (4) has received a majority of all the votes cast for and against it at that election. This bill would enact the Rehabilitation and Re-entry Facilities Bond Act of 2008 which, if adopted, would authorize, for purposes of financing a specified rehabilitation and re-entry correctional facilities program, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $2,000,000,000. This bill contains other related provisions.
Position: support Priority: med +++++ Summary: The California Civil Service Act authorizes an appointing power to take adverse action against an employee for specified causes for discipline and establishes administrative procedures for review of an adverse action by the State Personnel Board. The act requires an adverse action against a state employee to commence within 3 years of the cause for discipline, as specified. This bill would require an adverse action against an excluded employee, as defined, to commence within one year of the cause for discipline.
Position: support Priority: high +++++ Summary: Existing law charges the Department of Corrections and Rehabilitation with the responsibility of planning and constructing state correctional facilities and permits funding for the construction of various prisons through lease-purchase financing arrangements. This bill would declare the intent of the Legislature to appropriate funds for the construction of a central health services building at California State Prison at San Quentin. This bill contains other related provisions.
Position: support
Priority: med +++++ SB 1019 (Romero) Summary: Existing law generally regulates the confidentiality of various personnel records relating to peace and custodial officers. This bill would state the intent of the Legislature to abrogate the California Supreme Court decision in Copley Press, Inc. v. Superior Court and to restore public access to meetings and hearings regarding peace officer discipline that were open prior to the Copley Press decision. This bill contains other related provisions. +++++ Summary: Existing law authorizes a state employee who is a member of the California National Guard or a United States military reserve organization to receive specified compensation benefits for a period not to exceed 365 days if he or she is ordered to serve on active duty on and after September 11, 2001, as a result of the War on Terrorism. Existing law authorizes the Governor to extend these benefits by executive order by up to an additional 365 days. This bill instead would authorize the Governor to extend these benefits by executive order by up to an additional 1,460 days. +++++ Summary: Existing law generally regulates the admissibility and use of evidence. This bill would provide that a court may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated testimony of an in-custody informant. +++++ SB 1590(Alquist) Summary: Existing law provides that, under specified conditions, the statements of witnesses, victims, or perpetrators of specified crimes may be recorded and preserved by means of videotape. This bill would require the electronic recordation of the entire proceedings of any custodial interrogation of an individual who is in a fixed place of detention and who, at the time of the interrogation, is suspected of committing or accused of a homicide or a violent felony, except as specified. The bill would also prohibit the interrogating entity from destroying or altering any electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. The bill would become operative on July 1, 2009. By imposing these new requirements on local law enforcement, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. +++++ Summary: Existing case law regulates suspect identification procedures to ensure that they are not unduly suggestive. This bill would provide that it is the intent of the Legislature that law enforcement officials study and consider the adoption of new policies and procedures, as specified, to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill contains other related provisions. +++++ Summary: Existing regulation provides that all persons who come onto the property of a state correctional institution are subject to inspection. Specifically, all visitors are required to submit to contraband or metal detection devices, including a thorough search of all personal items. This bill would require every person who enters a state correctional facility, including, but not limited to, employees, visitors, and vendors, and all personal property of those persons, to be screened by means of a metal detection device prior to entering that facility. +++++ Summary: This measure would designate the portion of State Highway Route 71 between State Highway Route 60 and Central Avenue in San Bernardino County as the Correctional Officer Manuel A. Gonzalez, Jr. Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
Position: support
Priority: high
© 2004 California Correctional Supervisors Organization, Inc.
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