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SB-1202 Department of Corrections and Rehabilitation: reports: assaults.(2023-2024)



Current Version: 06/10/24 - Amended Assembly

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SB1202:v96#DOCUMENT

Amended  IN  Assembly  June 10, 2024
Amended  IN  Senate  April 25, 2024
Amended  IN  Senate  April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1202

Introduced by Senator Newman

February 15, 2024

An act to add Section 19816.15 5004.8 to the Government Penal Code, relating to workplace safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 1202, as amended, Newman. California Department of Human Resources: Corrections and Rehabilitation: reports: assaults.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates and wards. Existing law requires the department to establish a statewide policy on operational procedures for the handling of threats made by inmates or wards, and threats made by family members of inmates or wards, against department staff that includes methods to ensure that department staff members are advised of those threats, as specified, and requires those threats to be thoroughly investigated.
This bill would require the department to make a report regarding assaults, as defined, against employees, quarterly to all bargaining units at the department, and annually to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The bill would require the reports to appropriately protect the confidentiality of patients, inmates, and employees and to include certain information, including the date of the assault and the name of the facility where the incident occurred.

The California Constitution establishes the State Personnel Board and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (CalHR) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the board’s administrative and ministerial functions.

This bill would require CalHR to make a quarterly report regarding assaults, as defined, against employees on or before January 30, 2026, and annually thereafter, to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with respect to assaults that occurred during the preceding calendar year. The bill would require that report to include certain information with respect to any assault that occurred during the previous reporting period, including the date of the assault and the job classification of any affected represented employee.

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.

 Section 5004.8 is added to the Penal Code, to read:

5004.8.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Assault” means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.
(2) “Facilities” means any correctional facility within the jurisdiction of the Department of Corrections and Rehabilitation, not including adult or juvenile fire camps.
(b) The department shall report quarterly, within 30 days of the end of each quarter, to all bargaining units at the department, the total number of assaults against employees.
(c) (1) The department shall report, beginning on January 1, 2025, and each year thereafter within 30 days after December 31, to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, the total number of assaults against employees that occurred during the preceding calendar year.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d) The reports made by the department pursuant to subdivisions (b) and (c) shall appropriately protect the confidentiality of patients, inmates, and employees and include all of the following information:
(1) The date the assault occurred.
(2) The state bargaining unit designation of the employee who was assaulted.
(3) The job classification of any represented employee affected by the incident.
(4) The name of the facility where the incident occurred.

SECTION 1.Section 19816.15 is added to the Government Code, immediately following Section 19816.14, to read:
19816.15.

(a)For purposes of this section, the following terms have the following meanings:

(1)“Assault” means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.

(2)“Employee” has the same meaning as in subdivision (d) of Section 19815.

(b)(1)The Department of Human Resources shall make a quarterly report, pursuant to subdivision (c), regarding assaults against employees on or before January 30, 2026, and annually thereafter, to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with respect to assaults that occurred during the preceding calendar year.

(2)A report submitted to the Legislature pursuant to this subdivision shall be submitted pursuant to Section 9795.

(c)(1)A report made pursuant to this section shall include all of the following information with respect to any assault that occurred during the previous reporting period:

(A)The date of the assault.

(B)The job classification of any affected represented employee.

(C)The employee’s state bargaining unit designation.

(D)The name of the location at which the incident occurred.

(2)Information reported pursuant to this subdivision shall be reported in a manner that appropriately protects the confidentiality of employees.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Section 19816.15 to the Government 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 appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees involved in these incidents.