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AB-2352 State prisons: Office of the Inspector General.(2019-2020)

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Date Published: 02/18/2020 09:00 PM
AB2352:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2352

Introduced by Assembly Member Ting

February 18, 2020

An act to amend Section 6133 of the Penal Code, relating to state prisons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2352, as introduced, Ting. State prisons: Office of the Inspector General.
Existing law establishes the Office of the Inspector General that is responsible, among other things, for contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitation’s Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the department allegations of internal misconduct and use of force and, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the Inspector General’s internet website and otherwise made available to the public upon release to the Governor and Legislature.
This bill, instead, would require the Office of the Inspector General’s reports to be posted to the Inspector General’s internet website and be made available to the public within 5 days of their release to the Governor and Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 6133 of the Penal Code is amended to read:

6133.
 (a) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitation’s Office of Internal Affairs. To facilitate oversight of the department’s internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitation’s Office of Internal Affairs, within a reasonable timeframe and without any undue delays. The Office of the Inspector General shall also be responsible for advising the public regarding the adequacy of each investigation, and whether discipline of the subject of the investigation is warranted. The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations as needed.
(b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following:
(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.
(B) A synopsis of each matter reviewed by the Office of the Inspector General.
(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector General’s recommendations regarding the disposition in the case and and, when founded, the level of discipline afforded, and the degree to which the agency’s authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline.
(D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement.
(E) The extent to which any discipline was modified after imposition.
(2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General’s internet website and otherwise made available to the public upon within five days of their release to the Governor and the Legislature.