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AB-2028 Prisons: security assessments.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2028:v96#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 05, 2018
Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2028


Introduced by Assembly Member Rodriguez

February 05, 2018


An act to add Sections 5015, 6135, 5015 and 6135.5 5015.5 to the Penal Code, relating to prisons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2028, as amended, Rodriguez. Prisons: security assessments.
Existing law establishes the Department of Corrections and Rehabilitation (CDCR) and charges them with jurisdiction over the prisons and correctional institutions of the state, as specified.

Existing law also establishes the Office of the Inspector General (OIG), an independent office charged with various duties related to oversight of the Department of Corrections and Rehabilitation.

This bill would require the CDCR to conduct a security inspection and audit, as specified, of each facility that houses inmates on at least a biennial basis.

The bill would require the OIG to oversee these security audits, as specified.

The bill would require the CDCR to remediate deficiencies as prioritized by the OIG, or develop a plan develop a plan and take reasonable steps to remediate those deficiencies. The bill would also require the OIG CDCR to annually and confidentially report to the Legislature Joint Legislative Audit Committee, as specified, on deficiencies identified during the inspection and audit procedure and the remediation or planned remediation of those deficiencies. The bill would make information about the location, nature, and details of identified security deficiencies confidential and exempt from public disclosure requirements.
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   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The security of our state prisons is vital for the safety of staff, inmates, and the community at large.
(b) Investment in security measures at our state prisons, many of which are 50 years or older, reduces the risk of prisoner breaches and escapes, thereby reducing the risk of crime in surrounding communities.
(c) Adequate oversight, regular inspections, and timely repairs of our state prisons promote public trust in California’s correctional system.

SEC. 2.

 Section 5015 is added to the Penal Code, to read:

5015.
 (a) The department shall conduct a security inspection and audit of each of its prisons and its other facilities that house inmates, on at least a biennial basis. inmates at regular intervals to be determined by the department.
(b) The inspection and audit of a facility shall include, but not be limited to, a physical inspection of the facility and grounds, observation of facility operations, a review of procedures and other documentation, and interviews with staff. The inspection and audit shall cover, without limitation, inmate counts, inmate movement, inmate searches, inmate visiting, inmate mail, transportation, key control, tool control, institution access, and armory and restraint equipment, as applicable.

(c)The scope of and procedures for conducting security inspections and audits pursuant to this section are subject to the ongoing approval of the Office of the Inspector General.

(d)At least 30 days before each scheduled security audit and inspection, the department shall notify the Office of the Inspector General. The department shall, upon request, allow staff of the Office of the Inspector General to attend any site inspection or otherwise observe any component of the security inspection and audit.

(e)

(c) No later that 30 days than 60 days after the conclusion of each security inspection and audit, the department shall submit to the Office of the Inspector General prepare a summary of the inspection and audit, any findings, any deficiencies found, and a plan to address those deficiencies, including the department’s recommendations on the prioritization of addressing those deficiencies.

(f)The prioritization and plan to address security deficiencies is subject to the input and approval of the Office of the Inspector General.

(g)

(d) The department shall take reasonable steps to remediate security deficiencies as prioritized by the Inspector General and shall, on an ongoing basis, keep the Office of the Inspector General apprised of all repairs or other actions taken to remediate security deficiencies pursuant to this section. to the extent that resources are available.

(h)

(e) This section does not limit the authority of the department to immediately address or remediate any security deficiency of a critical nature or any deficiency that may be addressed without significant cost, planning, or expenditure.

SEC. 3.Section 6135 is added to the Penal Code, to read:
6135.

(a)The Inspector General shall oversee the security inspections and audits of prisons and other facilities conducted by the department pursuant to Section 5015. This oversight shall include a review of reports received from the department as well as periodic observation of the inspection and audit process.

(b)The Inspector General shall review the scope and procedures of the security inspections and audits and may require the department to make any changes he or she deems appropriate.

(c)The Inspector General shall, upon receipt of each report received by the department, review any security deficiencies found and the recommendations of the department. The Inspector General may reprioritize the remediation of security deficiencies as he or she deems appropriate.

(d)The Inspector General shall track and oversee the remediation of security deficiencies.

SEC. 4.SEC. 3.

 Section 6135.5 5015.5 is added to the Penal Code, to read:

6135.5.5015.5.
 (a) Notwithstanding Section Sections 9795 and 10231.5 of the Government Code, by March 1, 2020, and annually thereafter, the Inspector General department shall prepare and submit a confidential report to the Legislature chair and vice-chair of the Joint Legislative Audit Committee, detailing the findings of the inspections conducted pursuant to Section 5015 during the previous calendar year. The report shall include any security deficiencies identified at each facility and plans for remediation of those deficiencies, including an estimate of the cost and time required to implement those remedial measures and updates on any remediation plans submitted in previous years.
(b) The report shall be submitted in compliance with Section 9795 of the Government Code. The recipients of the report shall keep confidential any information related to the locations, nature, and details of security deficiencies identified in the report, and that information shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Legislative Open Records Act (Article 3.5 (commencing with Section 9071) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code). The recipients shall, upon request, provide a copy of a report to a member of the Legislature. Any member who receives a copy of the report pursuant to this section shall maintain the confidentiality of the information as provided in this section.

(c)A copy of the report shall also be submitted to the Secretary of the Department of Corrections and Rehabilitation.

SEC. 4.

 The Legislature finds and declares that Section 3 of this act, which adds Section 5015.5 to the Penal Code, imposes a limitation on the public’s right of access to the 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 findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to maintain the security and integrity of state prisons, to protect the public by preventing escapes, and to protect prison staff and inmates by limiting the infiltration of contraband and weapons, it is necessary to keep confidential the details of any security deficiencies that may be exploited.