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

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Date Published: 08/29/2018 09:00 PM
AB2028:v94#DOCUMENT

Enrolled  August 29, 2018
Passed  IN  Senate  August 21, 2018
Passed  IN  Assembly  August 27, 2018
Amended  IN  Senate  August 17, 2018
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 and 5015.5 to the Penal Code, relating to prisons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2028, 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.
This bill would require the CDCR to conduct a security inspection and audit, as specified, of each facility that houses inmates at regular intervals to be determined by the CDCR.
The bill would require the CDCR to develop a plan and take reasonable steps to remediate those deficiencies to the extent that resources are available. The bill would also require the CDCR to annually prepare a confidential report on deficiencies identified during the inspection and audit procedure and the remediation or planned remediation of those deficiencies. The report would be available for the inspection to Members of the Legislature, as specified. 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 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) No later than 120 days after the conclusion of each security inspection and audit, the department shall prepare a summary of the inspection and audit, any findings, any deficiencies found, and a plan to address those deficiencies, including the prioritization of addressing those deficiencies.
(d) The department shall take reasonable steps to remediate security deficiencies to the extent that resources are available.
(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 5015.5 is added to the Penal Code, to read:

5015.5.
 (a) Notwithstanding Sections 9795 and 10231.5 of the Government Code, by March 1, 2020, and annually thereafter, the department shall prepare a confidential report 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 President pro Tempore of the Senate, the Speaker of the Assembly, and any member of the Legislature authorized in writing by the President pro Tempore of the Senate or the Speaker of the Assembly may access and view the report. Any person who views, receives a copy of, or otherwise obtains information from, 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).

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.