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AB-1210 Board of Parole Hearings: commissioners.(2021-2022)

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Date Published: 03/10/2021 09:00 PM
AB1210:v98#DOCUMENT

Amended  IN  Assembly  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1210


Introduced by Assembly Member Ting

February 19, 2021


An act to amend Section 6133 5075 of the Penal Code, relating to state prisons. parole.


LEGISLATIVE COUNSEL'S DIGEST


AB 1210, as amended, Ting. State prisons: Office of the Inspector General. Board of Parole Hearings: commissioners.
Existing law establishes the Board of Parole Hearings, which is composed of 17 commissioners appointed by the Governor, and subject to Senate confirmation, for staggered 3-year terms. Existing law requires the commissioners to reflect as nearly as possible a cross-section of the racial, sexual, economic, and geographic features of the population of the state.
This bill would require the commissioners to reflect as nearly as possible a cross-section of the racial, sexual orientation, gender identity, economic, and geographic features of the population of the state. The bill, commencing July 1, 2022, would require that 4 of the 17 commissioners meet at least one of specified criteria, including being a medical doctor with experience working with geriatric patients or a drug treatment counselor, among others, and would require, commencing July 1, 2024, that 10 of the commissioners meet at least one of those criteria. The bill would delete obsolete provisions and make other technical changes.

Existing law establishes the Office of the Inspector General that is responsible, among other things, for contemporaneous public oversight of the Department of Corrections and Rehabilitation (CDCR) investigations and staff grievance inquiries conducted by the CDCR’s Office of Internal Affairs. Existing law requires the Office of the Inspector General to issue regular reports, as specified, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the CDCR allegations of internal misconduct and use of force and summarizing its oversight of Office of Internal Affairs investigations. Existing law requires these reports to be posted on the office’s internet website and otherwise made available to the public upon release to the Governor and the Legislature.

This bill would require those reports to be posted on the office’s internet website and otherwise made available to the public within 5 days of release to the Governor and the 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 5075 of the Penal Code is amended to read:

5075.
 (a) There is hereby created the Board of Parole Hearings. Any reference to the Board of Prison Terms in this code or any other law refers to the Board of Parole Hearings. As of July 1, 2005, the Board of Prison Terms is abolished.
(b) (1) The Governor shall appoint 17 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Except as specified in paragraph (3), commissioners Commissioners shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. An appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Commissioners are eligible for reappointment.
(2) The terms of the commissioners shall expire as follows:
(A) Five Six shall expire on July 1, 2020. 2022.
(B) Six Five shall expire on July 1, 2021. 2023.
(C) Six shall expire on July 1, 2022. 2024.

(3)The term for one of the commissioners whose position was created by the act that added this paragraph shall be for two years and shall begin on July 1, 2019. The term for the other commissioner whose position was created by the act that added this paragraph shall be for three years and shall begin on July 1, 2019.

(4)

(3) The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross section cross-section of the racial, sexual, sexual orientation, gender identity, economic, and geographic features of the population of the state.
(4) (A) Commencing July 1, 2022, at least four of the commissioners shall meet at least one of the following criteria:
(i) A medical doctor with experience working with geriatric patients.
(ii) A psychologist or psychiatrist who has experience working in childhood trauma.
(iii) A social worker who has worked with individuals who have been incarcerated or with individuals whose family members have been incarcerated.
(iv) A drug treatment counselor.
(v) A person who has worked for a nonprofit organization that provides community-based reentry services or handles community-based risk assessment issues.
(vi) An attorney who has represented individuals facing deportation by the federal immigration authorities.
(vii) A peer counselor who has extensive experience working with individuals who are either transgender or gender nonconforming.
(viii) A person who has been released from a life sentence in prison following a parole hearing.
(B) Commencing July 1, 2024, at least 10 of the commissioners shall meet at least one of the criteria specified in subparagraph (A).
(c) The chair of the board shall be designated by the Governor periodically. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. The secretary shall be the appointing authority for all civil service positions of employment with the board.
(d) Each commissioner shall participate in hearings on each workday, except if it is necessary for a commissioner to attend training, en banc hearings or full board meetings, or other administrative business requiring the participation of the commissioner. For purposes of this subdivision, these hearings include parole consideration hearings and parole rescission hearings.

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, 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 within five days of their release to the Governor and the Legislature.