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.

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 on at least a biennial basis. 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. deficiencies to the extent that resources are available. The bill would also require the CDCR to annually and confidentially prepare a confidential report to the 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 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.

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 on at least a biennial basis.

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

This bill would require the Inspector General to develop minimum standards for security at state prisons built before 1968 and to develop procedures for the inspection of those facilities for compliance with those minimum security standards. 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 Inspector General to annually inspect specified state prisons and annually report to the Legislature and to the Department of Corrections and Rehabilitation on any deficiencies identified and recommendations for remediation of those deficiencies. OIG to oversee these security audits, as specified.

The bill would require the Department of Corrections and Rehabilitation CDCR to remediate deficiencies identified as prioritized by the Inspector General OIG, or develop a plan to remediate those deficiencies. The bill would also require the department OIG to annually report to the Legislature and to the Inspector General on the remediation of those deficiencies identified by the Inspector General or plans to remediate those deficiencies. on deficiencies identified during the inspection and audit procedure and the remediation or planned remediation of those deficiencies.

Existing law provides that every person confined in a local detention facility, state prison, or under the jurisdiction of the Division of Juvenile Facilities of the Department of Corrections and Rehabilitation, who commits a battery upon the person of a peace officer by gassing, as defined, is guilty of aggravated battery.

This bill would make a technical, nonsubstantive change to those provisions.

GOVERNOR'S VETO

GV Bill Id:AB 2028

Author:(Rodriguez)

As Enrolled Ver:September 4, 2018

2/3 vote

Original Committee Reference: PUB. S.

SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to conduct a security inspection and audit of all state correctional institutions, address any deficiencies found, and prepare confidential report detailing the findings of the inspection.

The Senate amendments remove the requirement that CDCR submit a confidential report detailing the findings of the security inspections to the Chair and Vice-Chair of the Joint Legislative Audit Committee, and instead allow 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 to access and view the confidential report.

EXISTING LAW:

1. States that escape or attempt to escape, by force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for a term of two, four, or six years, to commence from the time the inmate would otherwise have been discharged from prison.
2. States that escape or attempt to escape, without force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for 16 months, or two or three years, to be served consecutively.
3. Authorizes the Director of CDCR to prescribe and amend rules and regulations for the administration of the prisons.
4. Provides that the Director of CDCR shall require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies, which shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison.
5. States that CDCR has full power to erect, alter, or improve any building or structure it deems necessary, paid from the fund appropriated for the use or support of the prisons, without advertising or contracting.
6. Vests the supervision, management, and control of the state prisons in the Secretary of CDCR.
7. Establishes the Office of the Inspector General (OIG) and states that the OIG shall not be a subdivision of any other governmental entity.
8. Provides that the OIG is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of CDCR.
9. Requires the OIG to annually report a summary of significant problems discovered by the office, and whether the recommendations the OIG made have been implemented, to the Legislature and Governor.

AS PASSED BY THE ASSEMBLY, this bill:

1. Found and declared that the security of state prisons is vital for the safety of staff, inmates, and the community at large.
2. Directed the CDCR to conduct security inspections and audits at all of the state's correctional institutions, at regular intervals to be determined by the department.
3. Stated that the inspection shall include physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, observation of facility operations, key control, tool control, institutional access, and inmate counts, movement, searches, and mail.
4. Required, no later than 60 days after the conclusion of each security inspection and audit, CDCR to prepare a summary of the inspection detailing the deficiencies found, and plan to address those deficiencies, and the prioritization of addressing the deficiencies.
5. Required CDCR to take reasonable steps to remediate the security deficiencies to the extent that resources are available.
6. Provided that CDCR shall annually submit a confidential report to the chair and vice-chair of the Joint Legislative Audit Committee, beginning on or before March 1, 2020, detailing the deficiencies found, remedial recommendations, and an estimate of the cost and time required to implement the remedial measures and an update on remedial plans submitted in previous years.
7. Required the recipients of the report to keep confidential any information related to the locations, nature, and details of the security deficiencies identified therein, and states that the report is exempt from disclosure under the California Public Records Act.

FISCAL EFFECT: According to the Senate Appropriations Committee, ongoing costs of approximately $120,000 for 1.0 Associate Governmental Program Analyst (which includes wages, benefits, equipment, and operating expenses) associated with compiling information for and drafting the yearly report.

COMMENTS: According to the author, ''Sound security of California's correctional institutions is paramount to community safety and trust in the correctional system. In January of this year, an inmate had successfully breached a fence at one of California's oldest institutions, the Chino Institution for Men. This event led to a high speed car chase ending in Escondido causing much fear, danger and anxiety throughout the communities affected. In addition, many resources were utilized by a number of police departments to recover the inmate and bring him back into custody. Upon further investigation the breached fence had a broken sensor that had been intermittently operational for 15 years. Greater oversight and enforcement of security audits and subsequent repairs will help ensure that our correctional institutions are secure and prevent other escapes from occurring.''

GOVERNOR'S VETO MESSAGE:

This bill requires the California Department of Corrections and Rehabilitation to conduct a security inspection and audit of all state correctional institutions, address any deficiencies found, and prepare a confidential report to the Legislature detailing the findings of the inspection.

The Office of Audits and Court Compliance is tasked with conducting security audits, which began in July 2017. The Department anticipates that all 35 of its institutions will have undergone the first round of security audits by October 27, 2019, and will continue to be audited regularly thereafter.

Given that these audits are ongoing, I see no reason to create a duplicative legislative mandate. If the Legislature desires additional information or updates on this process, direct briefings, as well as updates through the annual budget process are the appropriate venue.

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0005244

sCONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2028

Author:(Rodriguez)

As Amended Ver:August 17, 2018

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to conduct a security inspection and audit of all state correctional institutions, address any deficiencies found, and prepare confidential report detailing the findings of the inspection.

The Senate amendments remove the requirement that CDCR submit a confidential report detailing the findings of the security inspections to the Chair and Vice-Chair of the Joint Legislative Audit Committee, and instead allow 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 to access and view the confidential report.

EXISTING LAW:

1. States that escape or attempt to escape, by force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for a term of two, four, or six years, to commence from the time the inmate would otherwise have been discharged from prison.
2. States that escape or attempt to escape, without force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for 16 months, or two or three years, to be served consecutively.
3. Authorizes the Director of CDCR to prescribe and amend rules and regulations for the administration of the prisons.
4. Provides that the Director of CDCR shall require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies, which shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison.
5. States that CDCR has full power to erect, alter, or improve any building or structure it deems necessary, paid from the fund appropriated for the use or support of the prisons, without advertising or contracting.
6. Vests the supervision, management, and control of the state prisons in the Secretary of CDCR.
7. Establishes the Office of the Inspector General (OIG) and states that the OIG shall not be a subdivision of any other governmental entity.
8. Provides that the OIG is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of CDCR.
9. Requires the OIG to annually report a summary of significant problems discovered by the office, and whether the recommendations the OIG made have been implemented, to the Legislature and Governor.

AS PASSED BY THE ASSEMBLY, this bill:

1. Found and declared that the security of state prisons is vital for the safety of staff, inmates, and the community at large.
2. Directed the CDCR to conduct security inspections and audits at all of the state's correctional institutions, at regular intervals to be determined by the department.
3. Stated that the inspection shall include physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, observation of facility operations, key control, tool control, institutional access, and inmate counts, movement, searches, and mail.
4. Required, no later than 60 days after the conclusion of each security inspection and audit, CDCR to prepare a summary of the inspection detailing the deficiencies found, and plan to address those deficiencies, and the prioritization of addressing the deficiencies.
5. Required CDCR to take reasonable steps to remediate the security deficiencies to the extent that resources are available.
6. Provided that CDCR shall annually submit a confidential report to the chair and vice-chair of the Joint Legislative Audit Committee, beginning on or before March 1, 2020, detailing the deficiencies found, remedial recommendations, and an estimate of the cost and time required to implement the remedial measures and an update on remedial plans submitted in previous years.
7. Required the recipients of the report to keep confidential any information related to the locations, nature, and details of the security deficiencies identified therein, and states that the report is exempt from disclosure under the California Public Records Act.

FISCAL EFFECT: According to the Senate Appropriations Committee, ongoing costs of approximately $120,000 for 1.0 Associate Governmental Program Analyst (which includes wages, benefits, equipment, and operating expenses) associated with compiling information for and drafting the yearly report.

COMMENTS: According to the author, ''Sound security of California's correctional institutions is paramount to community safety and trust in the correctional system. In January of this year, an inmate had successfully breached a fence at one of California's oldest institutions, the Chino Institution for Men. This event led to a high speed car chase ending in Escondido causing much fear, danger and anxiety throughout the communities affected. In addition, many resources were utilized by a number of police departments to recover the inmate and bring him back into custody. Upon further investigation the breached fence had a broken sensor that had been intermittently operational for 15 years. Greater oversight and enforcement of security audits and subsequent repairs will help ensure that our correctional institutions are secure and prevent other escapes from occurring.''

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0004498

 THIRD READING  

Bill No: AB 2028

Author:

Amended: 8/17/18 in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/26/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 5/31/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the California Department of Corrections and Rehabilitation (CDCR) to conduct security inspections and audits of each state prison, as specified, to develop remediation plans for any security deficiencies, and to report annually to the Joint Legislative Audit Committee on the results of those inspections and audits as well as the remediation plans for any security deficiencies.

ANALYSIS:

Existing law:

1. Vests the supervision, management, and control of the state prisons in the Secretary of CDCR. (Pen. Code, § 5054.)
2. Authorizes the Director of CDCR to prescribe and amend rules and regulations for the administration of the prisons. (Pen. Code, § 5058, subd. (a).)
3. Provides that an escape or attempt to escape, by force or violence, by an inmate in a CDCR facility, is punishable by imprisonment in the state prison for a term of two, four, or six years. (Pen. Code, § 4530, subd. (a).)
4. Provides that an escape or attempt to escape, without force or violence, by an inmate in a CDCR facility, is punishable by imprisonment in the state prison for 16 months, or two or three years, to be served consecutively. (Pen. Code, § 4530, subd. (b).)
   
5. Provides that the Director of CDCR shall require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies, which shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison. (Pen. Code, § 5004.5.)
6. Provides that CDCR has full power to erect, alter, or improve any building or structure it deems necessary, paid from the fund appropriated for the use or support of the prisons, without advertising or contracting. (Pen. Code, § 2052, subd. (a).)

This bill:

1. Includes the following legislative declarations and findings:
2. The security of our state prisons is vital for the safety of staff, inmates, and the community at large.
3. 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.
4. Adequate oversight, regular inspections, and timely repairs of our state prisons promote public trust in California’s correctional system.
5. Requires CDCR to 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 CDCR.
6. Requires the inspection and audit of a facility to 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. Requires the inspection and audit to 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.
7. Requires, no later than 120 days after the conclusion of each security inspection and audit, that CDCR 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.
8. Requires that CDCR take reasonable steps to remediate security deficiencies to the extent that resources are available.
9. Does not limit the authority of CDCR 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.
10. Requires that CDCR, by March 1, 2020, and annually thereafter, prepare and submit a confidential report to the chair and vice-chair of the Joint Legislative Audit Committee, detailing the findings of the inspections conducted during the previous calendar year. Requires the report to 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.
11. Requires the recipients of CDCR’s report keep confidential any information related to the locations, nature, and details of security deficiencies identified in the report. Exempts this information from disclosure under the California Public Records Act and the Legislative Open Records Act. Requires the recipients, upon request, to provide a copy of a report to a member of the Legislature. Requires any member who receives a copy of the report to maintain the confidentiality of the information, as provided.
12. Makes the following legislative finding to demonstrate the interest protected by limiting the public’s right of access to the meetings of public bodies or the writings of public officials and agencies and the need for protecting that interest:
13. 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.

Background

As of June 13, 2018, CDCR housed around 118,000 adult inmates in the state’s prisons and conservation camps. (https://www.cdcr.ca.gov/Reports_Research /Offender_Information _Services_Branch/WeeklyWed/TPOP1A/ TPOP1Ad180613.pdf.) According to CDCR’s 2012 Annual Escape Report, the adult institution and camp escape total rate per 100 average daily population has remained at 0.01 since 2001. (https://www.cdcr.ca.gov/Reports_Research/ Offender_Information_Services_Branch/Annual/BEH4/BEH4d2012.pdf.) Between 1977 and 2012, 98.5 percent of all offenders who had escaped from an adult institution, camp or community-based program had been apprehended. (Id.)

In January 2018, an inmate escaped from the California Institute for Men (CIM) in Chino and was appended in Encinitas the following day by special agents from CDCR’s Office of Correctional Safety (OCS). (https://news.cdcr.ca.gov/news-releases/2018/01/16/inmate-who-escaped-from-california-institution-for-men-apprehended-in-encinitas/.) For months later in May 2018, two inmates escaped from Salinas Valley State Prison. (https://news.cdcr.ca.gov/news-releases/2018/05/06/two-inmates-escape-from-minimum-support-facility-at-salinas-valley-state-prison/.) They were apprehended the next day by OCS’s special agents. (https://www.thecalifornian.com/story/news/ 2018/05/06/cdcr-2-inmates-escape-salinas-valley-prison/585005002/)

Security at CDCR Institutions

CDCR regulations state that the primary objectives of correctional institutions are to protect the public by safely keeping persons committed to the custody of CDCR and to afford such persons opportunities to participate in rehabilitative activities. (Cal. Code Regs., tit. 15, § 3270.) Consistent efforts are made to ensure the security of the institutions. (Id.) Inmate and public safety take precedence over all other considerations in the operation of all the programs and activities of CDCR institutions. (Id.)

In general, these regulations guide CDCR staff to keep track of and control inmates. The regulations do not address CDCR infrastructure, other than the lethal electrified fences. This bill requires CDCR to periodically conduct security inspections and audits at all of the state’s correctional institutions. These inspections shall include, but are not limited to, physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, and observation of facility operations.

General Safety and Security

Institution heads are required to maintain procedures for controlling safety and security hazards within facilities, including control of tools, armory and armaments, such as firearms, ammunition, chemical agents, and explosives under the institution’s control, and control of keys and security locking devices. (Cal. Code Regs., tit. 15, § 3303.) Persons are not permitted to be on institution grounds or in community correctional centers without a legitimate purpose for being there and are not allowed to contact inmates without authorization to do so. (Cal. Code Regs., tit. 15, § 3283.)

Each warden must have in effect at all times a plan of operations for the reporting of escapes, and for the pursuit and apprehension of escapees. (Cal. Code Regs., tit. 15, § 3296.) Each employee must be instructed in procedures that he or she is to follow. (Id.) Such plans must be in writing and be reviewed annually by the warden. (Id.)

A lethal electrified fence is a high voltage fence installed for the lethal infliction of injury to escaping inmates. (Cal. Code Regs., tit. 15, § 3270.1, subd. (a).) Precautions relating to lethal electrified fences require, but are not limited to, the posting of warning signs on the inner and outer perimeters of the facility informing staff, inmates, and the public of the presence of a lethal electrified fence; visual inspection of the lethal electrified fence area at least once per shift areas; the presence of a staff person trained in energizing and deenergizing the fence prior to any authorized person entering the lethal electrified fence area, and; inspections of lethal electrified fences as specified by a routine maintenance schedule. (Cal. Code Regs., tit. 15, § 3270.1, subd. (b).)

Responsibility of Employees

Every employee, regardless of his or her assignment, is responsible for the safe custody of the inmates confined in the institutions of the CDCR. (Cal. Code Regs., tit. 15, § 3271.) It is the duty of every employee to do everything possible to prevent the escape of an inmate. (Cal. Code Regs., tit. 15, § 3295.) Employees must not permit inmates or others to use hostages to escape from custody or otherwise interfere with orderly institutional operations. (Cal. Code Regs., tit. 15, § 3304.) Hostages are not recognized for bargaining purposes. (Id.)

Limitations on Inmates

Every institution head is required to maintain a system to account at all times for all inmates under their jurisdiction. (Cal. Code Regs., tit. 15, § 3274, subd. (a).) A physical count of all inmates must be taken at least four times a day. (Id.) Inmate activities are prohibited from being scheduled at a time which would disrupt a facility count. (Id.) At least one daily count is a standing count, which requires inmates to stand at their cell door or sit on their assigned bed during the designated count time. (Cal. Code Regs., tit. 15, § 3274, subd. (a)(1).) If staff determines an inmate may be missing, an emergency count shall be conducted to determine whether an escape has occurred and, if so, the identity of the escapee. (Cal. Code Regs., tit. 15, § 3274, subd. (a)(2).) When an emergency count is announced, inmates are required to return to their assigned housing. (Id.)

Inmate passes are issued to inmates approved for movement to scheduled non-routine appointments. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(1).) If unscheduled movement of an inmate is necessary, such movement may not take place unless the inmate is escorted by staff, or an inmate pass has been issued by staff authorizing the movement. (Id.) Gate passes are maintained for each inmate assigned to work outside a facility’s security area. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3).) Gate passes include the inmate’s identification photo, name, CDC number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the inmate is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3)(B).) Inmates are prohibited from handling gate passes. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3)(A).) A gate pass shall be rescinded if staff determines from the inmate’s behavior that the inmate may require increased supervision or if staff receives information indicating an inmate’s increased escape potential. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3)(C).) When visibility at a facility is severely restricted or a state of emergency is declared, inmates are confined to their housing units, except as otherwise authorized by the official in charge, and in such circumstances, all inmate movement occurs under direct and constant supervision of staff. (Cal. Code Regs., tit. 15, § 3274, subd. (d).)

Security Audits

The American Correctional Association provides accreditation to correctional facilities that comply with national standards it promulgates. Accreditation is intended to improve correctional facility operations through adherence to clear standards relevant to all areas and operations of the facility, including safety, security, order, inmate care, programs, justice, and administration. The American Correctional Association facilitates the accreditation process through a series of reviews, evaluations, audits and hearings. All of CDCR’s adult correctional facilities are accredited. (http://www.aca.org/ACA_Prod_IMIS/ ACA_Member/Standards_and_Accreditation/SAC_AccFacHome.aspx?WebsiteKey=139f6b09-e150-4c56-9c66-284b92f21e51&hkey=f53cf206-2285-490e-98b7-66b5ecf4927a&CCO=2#CCO.)

In 2017, CDCR began conducting internal Security Audits through the Office of Audits and Court Compliance (OACC). These Security Audits are intended to replace the previous security reviews provided under the American Correctional Association and will identify weaknesses, deficiencies, and areas of vulnerability that create risks to the safety and security of the institutions, including identifying any safeguards and control systems that are no longer operable, appropriate, or adequate. The Security Audit tool contains 15 components that were developed using the California Code of Regulations, Title 15; the Department Operations Manual; and various policy memoranda as the primary sources of operational standards. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf.)

The first audit occurred at CMF on July 30, 2017. It is anticipated that each institution will complete one round of Security Audits by October 2019. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf)

As described in CDCR’s 2017 Master Plan Annual Report, CDCR has a significant workload of capital outlay and special repair and deferred maintenance projects, driven by safety and security requirements, infrastructure systems that have been strained by capacity demands, the general age of many facilities, and inadequate maintenance funding. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf.) The impact of public safety realignment through AB 109 and several voter-approved initiative measures have provided relief as the number of inmates housed in CDCR has been reduced. However, the failing infrastructure systems throughout CDCR continue to require major repairs and replacements regardless of the number of inmates housed in the facility. (Id.) In its “Future of California Corrections” report, CDCR claims that “the vast majority of [its] facilities are over 30 years old and require major repairs and capital replacements to continue to operate effectively.” (https://www.cdcr.ca.gov/Blueprint-Update-2016/An-Update-to-the-Future-of-California-Corrections-January-2016.pdf.)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

Ongoing costs of approximately $120,000 for 1.0 Associate Governmental Program Analyst (which includes wages, benefits, equipment, and operating expenses) associated with compiling information for and drafting the yearly report. (General Fund)

SUPPORT: (Verified 8/16/18)

City of Chino

City of Chino Hills

Chino Police Department

Chino Valley Fire District Board of Directors

Pomona Police Department

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 78-0, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/19/18 14:04:49

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2028 (Rodriguez) - Prisons: security assessments

Bill Summary:

AB 2028 would require the Department of Corrections and Rehabilitation (CDCR) to conduct security inspections and audits of each facility that houses inmates, as specified, to develop remediation plans for security deficiencies, and to report specified information annually to the Joint Legislative Audit Committee.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

Ongoing costs of approximately $120,000 for 1.0 Associate Governmental Program Analyst (which includes wages, benefits, equipment, and operating expenses) associated with compiling information for and drafting the yearly report. (General Fund)

Author Amendments:

Extend the timeline for CDCR to prepare the summary from sixty days to 120 days.

Committee Amendments:

Limit the accessibility of the confidential report to 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 or the Speaker, as specified.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2028 (Rodriguez) - Prisons: security assessments

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2028 would require the Department of Corrections and Rehabilitation (CDCR) to conduct security inspections and audits of each facility that houses inmates, as specified, to develop remediation plans for security deficiencies, and to report specified information annually to the Joint Legislative Audit Committee.

Fiscal Impact:

Ongoing costs of approximately $120,000 for 1.0 Associate Governmental Program Analyst (which includes wages, benefits, equipment, and operating expenses) associated with compiling information for and drafting the yearly report. (General Fund)

Background:

Per CDCR regulations, the primary objectives of correctional institutions are to protect the public by safely keeping persons committed to the custody of CDCR and to afford such persons opportunities to participate in rehabilitative activities. Consistent with these objectives, the department is supposed to make efforts to ensure the security of the institutions. Inmate and public safety take precedence over all other considerations in the operation of all the programs and activities of CDCR institutions. In general, these regulations guide CDCR staff to keep track of and control inmates.

Institution heads are required to maintain procedures for controlling safety and security hazards within facilities, including control of tools, armory and armaments, such as firearms, ammunition, chemical agents, and explosives under the institution’s control, and control of keys and security locking devices. Persons are not permitted to be on institution grounds or in community correctional centers without a legitimate purpose for being there and are not allowed to contact inmates without authorization to do so.

Additionally, every warden must have in effect at all times a plan of operations for the reporting of escapes and for the pursuit and apprehension of escapees. Each employee must be instructed in procedures that he or she is to follow. Such plans must be in writing and be reviewed annually by the warden.

A lethal electrified fence is a high voltage fence installed for the lethal infliction of injury to escaping inmates. Precautions relating to lethal electrified fences require, but are not limited to, the posting of warning signs on the inner and outer perimeters of the facility informing staff, inmates, and the public of the presence of a lethal electrified fence; visual inspection of the lethal electrified fence area at least once per shift areas; the presence of a staff person trained in energizing and de-energizing the fence prior to any authorized person entering the lethal electrified fence area; and inspections of lethal electrified fences as specified by a routine maintenance schedule.

Proposed Law:

This bill would require CDCR to 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. The inspections and audits must include 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 must 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. The department would be required to prepare a summary of the inspection and audit, any findings, deficiencies found, and a remediation plan within sixty days of each audit and inspections completion. This measure also would require CDCR to take reasonable steps to remediate security deficiencies to the extent that resources are available.

AB 2028 would require CDCR to submit a confidential report, beginning March 1, 2020 and annually thereafter, to the Joint Legislative Audit Committee detailing the findings of the inspections, security deficiencies identified at each facility and remediation plans of those deficiencies. The report must include an estimate of the cost and time required to implement those remedial measures and updates on any remediation plans submitted in previous years

Staff Comments:

This bill, in part, would require CDCR to prepare a plan to address deficiencies within sixty days after an inspection’s completion. The author may wish to consider expanding the timeframe within which the plan is required to ensure that the department has sufficient time to consider the best methods to address the deficiencies. The timeframe for current department processes are about 120 days.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2028 Hearing Date: June 26, 2018

Subject: Prisons: Security Assessments

HISTORY

Source: Author

Prior Legislation: None

Support: City of Chino; City of Chino Hills; Chino Police Department; Chino Valley Fire District Board of Directors; Pomona Police Department

Opposition: None known

Assembly Floor Vote: 78 - 0

PURPOSE

The purpose of this bill is to require the California Department of Corrections and Rehabilitation (CDCR) to conduct security inspections and audits of each state prison, as specified, to develop remediation plans for any security deficiencies, and to report annually to the Joint Legislative Audit Committee on the results of those inspections and audits as well as the remediation plans for any security deficiencies.

Existing law vests the supervision, management, and control of the state prisons in the Secretary of CDCR. (Pen. Code, § 5054.)

Existing law authorizes the Director of CDCR to prescribe and amend rules and regulations for the administration of the prisons. (Pen. Code, § 5058, subd. (a).)

Existing law provides that an escape or attempt to escape, by force or violence, by an inmate in a CDCR facility, is punishable by imprisonment in the state prison for a term of two, four, or six years. (Pen. Code, § 4530, subd. (a).)

Existing law provides that an escape or attempt to escape, without force or violence, by an inmate in a CDCR facility, is punishable by imprisonment in the state prison for 16 months, or two or three years, to be served consecutively. (Pen. Code, § 4530, subd. (b).)

Existing law provides that the Director of CDCR shall require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies, which shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison. (Pen. Code, § 5004.5.)

Existing law provides that CDCR has full power to erect, alter, or improve any building or structure it deems necessary, paid from the fund appropriated for the use or support of the prisons, without advertising or contracting. (Pen. Code, § 2052, subd. (a).)

This bill includes the following legislative declarations and findings:

1. The security of our state prisons is vital for the safety of staff, inmates, and the community at large.
2. 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.
3. Adequate oversight, regular inspections, and timely repairs of our state prisons promote public trust in California’s correctional system.

This bill requires CDCR to 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.

This bill requires the inspection and audit of a facility to 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. Requires the inspection and audit to 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.

This bill requires, no later than 60 days after the conclusion of each security inspection and audit, that CDCR 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.

This bill requires that CDCR take reasonable steps to remediate security deficiencies to the extent that resources are available.

This bill does not limit the authority of CDCR 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.

This bill requires that CDCR, by March 1, 2020, and annually thereafter, prepare and submit a confidential report to the chair and vice-chair of the Joint Legislative Audit Committee, detailing the findings of the inspections conducted during the previous calendar year. Requires the report to 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.

This bill requires the recipients of CDCR’s report keep confidential any information related to the locations, nature, and details of security deficiencies identified in the report. Exempts this information from disclosure under the California Public Records Act and the Legislative Open Records Act. Requires the recipients, upon request, to provide a copy of a report to a member of the Legislature. Requires any member who receives a copy of the report to maintain the confidentiality of the information, as provided.

This bill makes the following legislative finding to demonstrate the interest protected by limiting the public’s right of access to the meetings of public bodies or the writings of public officials and agencies and the need for protecting that interest:

1. 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.

COMMENTS

1. Need for This Bill

According to the author:

Sound security of California’s correctional institutions is paramount to community safety and trust in the correctional system. In January of this year, an inmate had successfully breached a fence at one of California’s oldest institutions, the Chino Institution for Men. This event led to a high speed car chase ending in Encinitas causing much fear, danger and anxiety throughout the communities affected. In addition, many resources were utilized by a number of police departments to recover the inmate and bring him back into custody. Upon further investigation the breached fence had a broken sensor that had been intermittently operational for 15 years. Greater oversight and enforcement of security audits and subsequent repairs will help ensure that our correctional institutions are secure and prevent other escapes from occurring.

1. Escapes from State Prisons

As of June 13, 2018, CDCR housed around 118,000 adult inmates in the state’s prisons and conservation camps. (https://www.cdcr.ca.gov/Reports_Research/Offender_Information _Services_Branch/WeeklyWed/TPOP1A/TPOP1Ad180613.pdf.) According to CDCR’s 2012 Annual Escape Report, the adult institution and camp escape total rate per 100 average daily population has remained at 0.01 since 2001. (https://www.cdcr.ca.gov/Reports_Research/ Offender_Information_Services_Branch/Annual/BEH4/BEH4d2012.pdf.) Between 1977 and 2012, 98.5 percent of all offenders who had escaped from an adult institution, camp or community-based program had been apprehended. (Id.)

In January 2018, an inmate escaped from the California Institute for Men (CIM) in Chino and was appended in Encinitas the following day by special agents from CDCR’s Office of Correctional Safety (OCS). (https://news.cdcr.ca.gov/news-releases/2018/01/16/inmate-who-escaped-from-california-institution-for-men-apprehended-in-encinitas/.) For months later in May 2018, two inmates escaped from Salinas Valley State Prison. (https://news.cdcr.ca.gov/news-releases/2018/05/06/two-inmates-escape-from-minimum-support-facility-at-salinas-valley-state-prison/.) They were apprehended the next day by OCS’s special agents. (https://www.thecalifornian.com/story/news/ 2018/05/06/cdcr-2-inmates-escape-salinas-valley-prison/585005002/)

1. Security at CDCR Institutions

CDCR regulations state that the primary objectives of correctional institutions are to protect the public by safely keeping persons committed to the custody of CDCR and to afford such persons opportunities to participate in rehabilitative activities. (Cal. Code Regs., tit. 15, § 3270.) Consistent efforts are made to ensure the security of the institutions. (Id.) Inmate and public safety take precedence over all other considerations in the operation of all the programs and activities of CDCR institutions. (Id.)

In general, these regulations guide CDCR staff to keep track of and control inmates. The regulations do not address CDCR infrastructure, other than the lethal electrified fences. This bill would require CDCR to periodically conduct security inspections and audits at all of the state’s correctional institutions. These inspections shall include, but are not limited to, physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, and observation of facility operations.

General Safety and Security

Institution heads are required to maintain procedures for controlling safety and security hazards within facilities, including control of tools, armory and armaments, such as firearms, ammunition, chemical agents, and explosives under the institution’s control, and control of keys and security locking devices. (Cal. Code Regs., tit. 15, § 3303.) Persons are not permitted to be on institution grounds or in community correctional centers without a legitimate purpose for being there and are not allowed to contact inmates without authorization to do so. (Cal. Code Regs., tit. 15, § 3283.)

Each warden must have in effect at all times a plan of operations for the reporting of escapes, and for the pursuit and apprehension of escapees. (Cal. Code Regs., tit. 15, § 3296.) Each employee must be instructed in procedures that he or she is to follow. (Id.) Such plans must be in writing and be reviewed annually by the warden. (Id.)

A lethal electrified fence is a high voltage fence installed for the lethal infliction of injury to escaping inmates. (Cal. Code Regs., tit. 15, § 3270.1, subd. (a).) Precautions relating to lethal electrified fences require, but are not limited to, the posting of warning signs on the inner and outer perimeters of the facility informing staff, inmates, and the public of the presence of a lethal electrified fence; visual inspection of the lethal electrified fence area at least once per shift areas; the presence of a staff person trained in energizing and deenergizing the fence prior to any authorized person entering the lethal electrified fence area, and; inspections of lethal electrified fences as specified by a routine maintenance schedule. (Cal. Code Regs., tit. 15, § 3270.1, subd. (b).)

Responsibility of Employees

Every employee, regardless of his or her assignment, is responsible for the safe custody of the inmates confined in the institutions of the department. (Cal. Code Regs., tit. 15, § 3271.) It is the duty of every employee to do everything possible to prevent the escape of an inmate. (Cal. Code Regs., tit. 15, § 3295.) Employees must not permit inmates or others to use hostages to escape from custody or otherwise interfere with orderly institutional operations. (Cal. Code Regs., tit. 15, § 3304.) Hostages are not recognized for bargaining purposes. (Id.)

Limitations on Inmates

Every institution head is required to maintain a system to account at all times for all inmates under their jurisdiction. (Cal. Code Regs., tit. 15, § 3274, subd. (a).) A physical count of all inmates must be taken at least four times a day. (Id.) Inmate activities are prohibited from being scheduled at a time which would disrupt a facility count. (Id.) At least one daily count is a standing count, which requires inmates to stand at their cell door or sit on their assigned bed during the designated count time. (Cal. Code Regs., tit. 15, § 3274, subd. (a)(1).) If staff determines an inmate may be missing, an emergency count shall be conducted to determine whether an escape has occurred and, if so, the identity of the escapee. (Cal. Code Regs., tit. 15, § 3274, subd. (a)(2).) When an emergency count is announced, inmates are required to return to their assigned housing. (Id.)

Inmate passes are issued to inmates approved for movement to scheduled non-routine appointments. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(1).) If unscheduled movement of an inmate is necessary, such movement may not take place unless the inmate is escorted by staff, or an inmate pass has been issued by staff authorizing the movement. (Id.) Gate passes are maintained for each inmate assigned to work outside a facility’s security area. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3).) Gate passes include the inmate’s identification photo, name, CDC number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the inmate is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3)(B).) Inmates are prohibited from handling gate passes. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3)(A).) A gate pass shall be rescinded if staff determines from the inmate’s behavior that the inmate may require increased supervision or if staff receives information indicating an inmate’s increased escape potential. (Cal. Code Regs., tit. 15, § 3274, subd. (b)(3)(C).) When visibility at a facility is severely restricted or a state of emergency is declared, inmates are confined to their housing units, except as otherwise authorized by the official in charge, and in such circumstances, all inmate movement occurs under direct and constant supervision of staff. (Cal. Code Regs., tit. 15, § 3274, subd. (d).)

1. Security Audits

The American Correctional Association provides accreditation to correctional facilities that comply with national standards it promulgates. Accreditation is intended to improve correctional facility operations through adherence to clear standards relevant to all areas and operations of the facility, including safety, security, order, inmate care, programs, justice, and administration. The American Correctional Association facilitates the accreditation process through a series of reviews, evaluations, audits and hearings. All of CDCR’s adult correctional facilities are accredited. (http://www.aca.org/ACA_Prod_IMIS/ACA_Member/Standards_and_Accreditation/SAC_AccFacHome.aspx?WebsiteKey=139f6b09-e150-4c56-9c66-284b92f21e51&hkey=f53cf206-2285-490e-98b7-66b5ecf4927a&CCO=2#CCO.)

In 2017, CDCR began conducting internal Security Audits through the Office of Audits and Court Compliance (OACC). These Security Audits are intended to replace the previous security reviews provided under the American Correctional Association and will identify weaknesses, deficiencies, and areas of vulnerability that create risks to the safety and security of the institutions, including identifying any safeguards and control systems that are no longer operable, appropriate, or adequate. The Security Audit tool contains 15 components that were developed using the California Code of Regulations, Title 15; the Department Operations Manual; and various policy memoranda as the primary sources of operational standards. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf.)

The first audit occurred at CMF on July 30, 2017. It is anticipated that each institution will complete one round of Security Audits by October 2019. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf)

As described in CDCR’s 2017 Master Plan Annual Report, CDCR has a significant workload of capital outlay and special repair and deferred maintenance projects, driven by safety and security requirements, infrastructure systems that have been strained by capacity demands, the general age of many facilities, and inadequate maintenance funding. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf.) The impact of public safety realignment through AB 109 and several voter-approved initiative measures have provided relief as the number of inmates housed in CDCR has been reduced. However, the failing infrastructure systems throughout CDCR continue to require major repairs and replacements regardless of the number of inmates housed in the facility. (Id.) In its “Future of California Corrections” report, CDCR claims that “the vast majority of [its] facilities are over 30 years old and require major repairs and capital replacements to continue to operate effectively.” (https://www.cdcr.ca.gov/Blueprint-Update-2016/An-Update-to-the-Future-of-California-Corrections-January-2016.pdf.)

1. Argument in Support

The City of Chino supports this bill writing:

[T]he City of Chino has two prisons in its jurisdiction, the California Institution for Men (CIM) and the California Institution for Women (CIW). . . .The City shares a strong partnership with both prisons and wishes to improve the security features which, due to their age, have become outdated. . . .

…By making the Legislature and the California Department of Corrections and Rehabilitation (CDCR) aware of current prison conditions, AB 2028 helps to directly improve CIM and CIW’s security standards. Not only will this promote local trust and public security, but will also ensure that local resources are not strained in efforts to locate escapees. Overall, the City of Chino recognizes that prison security standards impact everyone from local government to CDCR. . . .

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2028

Author:(Rodriguez)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to conduct a security inspection and audit of all state correctional institutions. Specifically, this bill:

1. Finds and declares that the security of state prisons is vital for the safety of staff, inmates, and the community at large.
2. Directs CDCR to conduct security inspections and audits at all of the state's correctional institutions, at regular intervals to be determined by the department.
3. States that the inspection shall include physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, observation of facility operations, key control, tool control, institutional access, and inmate counts, movement, searches, and mail.
4. Requires, no later than 60 days after the conclusion of each security inspection and audit, CDCR to prepare a summary of the inspection detailing the deficiencies found, and plan to address those deficiencies, and the prioritization of addressing the deficiencies.
5. Requires CDCR to take reasonable steps to remediate the security deficiencies to the extent that resources are available.
6. Provides that CDCR shall annually submit a confidential report to the chair and vice-chair of the Joint Legislative Audit Committee, beginning on or before March 1, 2020, detailing the deficiencies found, remedial recommendations, and an estimate of the cost and time required to implement the remedial measures and an update on remedial plans submitted in previous years.
7. Requires the recipients of the report to keep confidential any information related to the locations, nature, and details of the security deficiencies identified therein, and states that the report is exempt from disclosure under the California Public Records Act.

EXISTING LAW:

1. States that escape or attempt to escape, by force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for a term of two, four, or six years, to commence from the time the inmate would otherwise have been discharged from prison.
2. States that escape or attempt to escape, without force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for 16 months, or two or three years, to be served consecutively.
3. Authorizes the Director of CDCR to prescribe and amend rules and regulations for the administration of the prisons.
4. Provides that the Director of CDCR shall require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies, which shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison.
5. States that CDCR has full power to erect, alter, or improve any building or structure it deems necessary, paid from the fund appropriated for the use or support of the prisons, without advertising or contracting.
6. Vests the supervision, management, and control of the state prisons in the Secretary of CDCR.
7. Establishes the Office of the Inspector General (OIG) and states that the OIG shall not be a subdivision of any other governmental entity.
8. Provides that the OIG is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of CDCR.
9. Requires the OIG to annually report a summary of significant problems discovered by the office, and whether the recommendations the OIG made have been implemented, to the Legislature and Governor.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, likely minor costs for CDCR to prepare the required report. In addition, while CDCR is unlikely to have increased costs for performing security evaluations above its current levels, the department will be required to maintain existing staffing for security evaluations at a cost of roughly $1 million annually.

COMMENTS: According to the author, "Sound security of California's correctional institutions is paramount to community safety and trust in the correctional system. In January of this year, an inmate had successfully breached a fence at one of California's oldest institutions, the Chino Institution for Men. This event led to a high speed car chase ending in Escondido causing much fear, danger and anxiety throughout the communities affected. In addition, many resources were utilized by a number of police departments to recover the inmate and bring him back into custody. Upon further investigation the breached fence had a broken sensor that had been intermittently operational for 15 years. Greater oversight and enforcement of security audits and subsequent repairs will help ensure that our correctional institutions are secure and prevent other escapes from occurring.''

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0003227

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2028

Author:(Rodriguez) – As Amended Ver:April 5, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Department of Corrections and Rehabilitation (CDCR) to conduct ongoing security inspections and audits of all state correctional institutions. Specifically, this bill:

1. Directs CDCR to conduct security inspections and audits at all of the state’s correctional institutions, on at least a biennial basis. This bill also states that the inspection must include physical examinations of the facilities; interviews with staff; audits of records, policies, and procedures; and observation of facility operations, key control, tool control, institutional access, and of inmate counts, movement, searches, and mail.
2. Requires the Office of the Inspector General (OIG) to track and oversee the remediation of security deficiencies. Additionally, authorizes the OIG to attend and observe the inspection and requires CDCR to provide the OIG a 30-day notice of the security inspection.
   
3. Requires, no later than 30 days after the conclusion of each security inspection, CDCR to submit a summary of a) the inspection to OIG detailing the deficiencies found and a plan to address those deficiencies, and b) recommendations on the prioritization of addressing the deficiencies. This bill specifies that the prioritization and plan to remediate the deficiencies is subject to input and approval by the OIG and that the OIG may reprioritize the remediation of security deficiencies as it deems appropriate.
   
4. Requires CDCR to report annually to the Legislature, beginning on or before September 1, 2020, detailing the deficiencies found, remedial recommendations, and an estimate of the time required to implement the remedial measures and an update on remedial plans submitted in previous years. This bill requires this report to also be made publicly available.

FISCAL EFFECT:

1. Unknown, significant GF costs to CDCR, likely in the hundreds of thousands to low millions of dollars annually, to implement security audits, pursuant to this bill, as opposed to the department’s existing process of performing security audits.
2. Ongoing costs to OIG of $1.1 million for seven new staff positions.

COMMENTS:

1. Background. In January 2018, an inmate escaped from the California Institute for Men (CIM) in Chino, California. At around 9:15 p.m. the inmate was discovered missing from the facility during a routine inmate count. The inmate made it to Encinitas before he was apprehended the next evening by special agents from CDCR’s Office of Correctional Safety Special Service Unit and Fugitive Apprehension Team. The inmate was taken back into custody at CIM, and his case was forwarded to the District Attorney’s Office for consideration of escape charges. In response to this event, CDCR instituted a routine security inspection and audit process somewhat similar to the process required by this bill.
2. Purpose. This bill responds to concerns about security at CDCR facilities stemming from the event at CIM. This bill codifies some of CDCR’s existing practices and expands the requirements for security investigations, audits, oversight, and reporting. According to the author, “Greater oversight and enforcement of security audits and subsequent repairs will help ensure that our correctional institutions are secure and prevent other escapes from occurring.”
3. Unintended consequences from making security information public could be costly. As currently written, this bill requires CDCR to produce an annual report describing all the security deficiencies found during security investigations and describe the remediation measures planned to address each concern. This bill requires this report be provided to the Legislature and made publicly available. However, making information on security weaknesses of state prisons publicly available could actually result in an increase in escapes and escape attempts because inmates and their contacts outside of prison will have access to this information. This result would be counter to the intent of the bill and could be costly.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2028

Author:(Rodriguez) – As Amended Ver:April 5, 2018

SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to conduct ongoing security inspections of all state correctional institutions. Specifically, this bill:

1. Finds and declares that the security of state prisons is vital for the safety of staff, inmates, and the community at large.
   
2. Directs CDCR to conduct security inspections and audits at all of the state’s correctional institutions, on at least a biennial basis.
   
3. States that the inspection shall include physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, observation of facility operations, key control, tool control, institutional access, and inmate counts, movement, searches, and mail.
4. Authorizes the Office of the Inspector General (OIG) to attend and observe the inspection and requires CDCR to provide the OIG 30 days-notice of the security inspection.
   
5. Requires, no later than 30 days after the conclusion of each security inspection, CDCR to submit a summary of the inspection to OIG detailing the deficiencies found, and plan to address those deficiencies, and recommendations on the prioritization of addressing the deficiencies.
6. States that the prioritization and plan to remediate the deficiencies is subject to input an approval by the OIG and that the OIG may reprioritize the remediation of security deficiencies as it deems appropriate.
   
7. Requires the OIG to track and oversee the remediation of security deficiencies.
8. Provides that CDCR shall annually report to the Legislature, beginning on or before September 1, 2020, detailing the deficiencies found, remedial recommendations, and an estimate of the time required to implement the remedial measures and an update on remedial plans submitted in previous years.

EXISTING LAW:

1. States that escape or attempt to escape, by force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for a term of two, four, or six years, to commence from the time the inmate would otherwise have been discharged from prison. (Pen. Code, § 4530 subd. (a).)
2. States that escape or attempt to escape, without force or violence, while under the custody of prison officials, is punishable by imprisonment in the state prison for 16 months, or two or three years, to be served consecutively. (Pen. Code, § 4530 subd. (b).)
   
3. Authorizes the Director of CDCR to prescribe and amend rules and regulations for the administration of the prisons. (Pen. Code, § 5058.)
   
4. Provides that the Director of CDCR shall require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies, which shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison. (Pen. Code, § 5004.45.)
5. States that CDCR has full power to erect, alter, or improve any building or structure it deems necessary, paid from the fund appropriated for the use or support of the prisons, without advertising or contracting. (Pen. Code, § 2052.)
6. Vests the supervision, management, and control of the state prisons in the Secretary of CDCR. (Pen. Code, § 5054.)
   
7. Establishes the OIG and states that the OIG shall not be a subdivision of any other governmental entity. (Pen. Code, § 6125.)
8. Provides that the OIG is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of CDCR. (Pen. Code, § 6126 subd. (a).)
   
9. Requires the OIG to annually report a summary of significant problems discovered by the office, and whether the recommendations the OIG made have been implemented, to the Legislature and Governor. (Pen. Code, § 6132.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s Statement: According to the author, “Sound security of California’s correctional institutions is paramount to community safety and trust in the correctional system. In January of this year, an inmate had successfully breached a fence at one of California’s oldest institutions, the Chino Institution for Men. This event led to a high speed car chase ending in Escondido causing much fear, danger and anxiety throughout the communities affected. In addition, many resources were utilized by a number of police departments to recover the inmate and bring him back into custody. Upon further investigation the breached fence had a broken sensor that had been intermittently operational for 15 years. Greater oversight and enforcement of security audits and subsequent repairs will help ensure that our correctional institutions are secure and prevent other escapes from occurring.”
   
2. Escapes at California’s State Prisons: In January 2018, an inmate escaped from a California Institute for Men (CIM) in Chino, California. At around 9:15 p.m. the inmate was discovered missing from the facility during a routine inmate count. The inmate made it to Encinitas before he was apprehended the next evening by special agents from CDCR’s Office of Correctional Safety (OCS) Special Service Unit and Fugitive Apprehension Team. The inmate was taken back into custody at CIM, and his case was forwarded to the District Attorney’s Office for consideration of escape charges. (https://news.cdcr.ca.gov/news-releases/2018/01/16/inmate-who-escaped-from-california-institution-for-men-apprehended-in-encinitas/.)
   
   OCS is CDCR’s primary departmental link with allied law enforcement agencies and the Governor’s Office of Emergency Services. The OCS is comprised of six sub-units, one of which is the Special Services Unit (SSU), which conducts the criminal apprehension efforts of prison escapees and parolees wanted for serious and violent felonies. (https://www.cdcr.ca.gov/adult_operations/OCS.html)
   
   As of January 18, 2017, CDCR houses around 120,000 adult inmates in the state’s 35 prisons and 43 conservation camps. According to CDCR’s Annual Escape Report, the adult institution and camp escape rate has remained at 0.01 since 2001. (https://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Annual/BEH4/BEH4d2012.pdf.) Since 1977, 99 percent of all offenders who have left an adult institution, camp or community-based program without permission have been apprehended.
3. Security at CDCR Institutions: According to the California Code of Regulations, the primary objectives of correctional institutions are to protect the public by safely keeping persons committed to the custody of the CDCR, and to afford such persons opportunities to participate in rehabilitative activities. (Cal. Code Regs., tit. 15, § 3270.) Consistent efforts are made to insure the security of the institutions. (Id.) Inmate and public safety take precedence over all other considerations in the operation of all the programs and activities of the institutions of the department. (Id.) Pertinent regulations aimed at ensuring institutional security include:

• Responsibility of Employees: Every employee, regardless of his or her assignment, is responsible for the safe custody of the inmates confined in the institutions of the department. It is the duty of every employee to do everything possible to prevent the escape of an inmate. Employees must not permit inmates or others to use hostages to escape from custody or otherwise interfere with orderly institutional operations. Hostages are not recognized for bargaining purposes. (Cal. Code Regs., tit. 15, §§ 3271, 3304, 3278, & 3295.)
• Escape Pursuit Plans: Each warden must have in effect at all times a plan of operations for the reporting of escapes, and for the pursuit and apprehension of escapees. Each employee must be instructed in procedures that he or she is to follow. Such plans must be in writing and be reviewed annually by the warden. (Cal. Code Regs., tit. 15, § 3296.)
• Lethal Electrified Fences: A lethal electrified fence is a high voltage fence installed for the lethal infliction of injury to escaping inmates. Precautions relating to lethal electrified fences require, but are not limited to, the posting of warning signs on the inner and outer perimeters of the facility informing staff, inmates, and the public of the presence of a lethal electrified fence; visual inspection of the lethal electrified fence area at least once per shift areas; the presence of a staff person trained in energizing and deenergizing the fence prior to any authorized person entering the lethal electrified fence area, and; inspections of lethal electrified fences as specified by a routine maintenance schedule. (Cal. Code Regs., tit. 15, § 3270.1.)
• Inmate Count: Every institution head is required to maintain a system to account at all times for all inmates under their jurisdiction. A physical count of all inmates must be taken at least four times a day. No inmate activity is scheduled at a time which would disrupt a facility count. At least one daily count is a standing count, which requires inmates to stand at their cell door or sit on their assigned bed during the designated count time. If staff determines an inmate may be missing, an emergency count shall be conducted to determine whether an escape has occurred and, if so, the identity of the escapee. When an emergency count is announced, inmates are required to return to their assigned housing. (Cal. Code Regs., tit. 15, § 3274.)
  
• Inmate Movement: Inmate passes are issued to inmates approved for movement to scheduled non-routine appointments. If unscheduled movement of an inmate is necessary, such movement may not take place unless the inmate is escorted by staff, or an inmate pass has been issued by staff authorizing the movement. When visibility at a facility is severely restricted or a state of emergency is declared, inmates are confined to their housing units, except as otherwise authorized by the official in charge, and in such circumstances, all inmate movement occurs under direct and constant supervision of staff. Gate passes are maintained for each inmate assigned to work outside a facility’s security area. Gate passes include the inmate’s identification photo, name, CDC number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the inmate is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes. Inmates are prohibited from handling gate passes. A gate pass shall be rescinded if staff determines from the inmate’s behavior that the inmate may require increased supervision or if staff receives information indicating an inmate’s increased escape potential. (Cal. Code Regs., tit. 15, § 3274.)
• Unauthorized Persons: Persons are not permitted to be on institution grounds or in community correctional centers without a legitimate purpose for being there and are not allowed to contact inmates without authorization to do so. (Cal. Code Regs., tit. 15,§ 3283.)
• Safety and Security: Institution heads are required to maintain procedures for controlling safety and security hazards within facilities, including fire prevention and suppression, control of harmful physical agents and toxic or hazardous substances, control of tools, armory and armaments, including firearms, ammunition, chemical agents, and explosives under the institution’s control, and control of keys and security locking devices. (Cal. Code Regs., tit. 15,§ 3303.)

In general, these regulations guide CDCR staff to keep track of and control inmates, which is crucial to prevent an escape. Markedly, the regulations do not address CDCR infrastructure, other than the lethal electrified fences. This bill would require CDCR to periodically conduct security inspections and audits at all of the state’s correctional institutions. These inspections shall include, but are not limited to, physical examinations of the facilities, interviews with staff, audits of records, policies, and procedures, and observation of facility operations.

1. Security Audits: The American Correctional Association provides accreditation to correctional facilities comply with national standards it promulgates. Accreditation is intended to improve correctional facility operations through adherence to clear standards relevant to all areas/operations of the facility, including safety, security, order, inmate care, programs, justice, and administration. The American Correctional Association facilitates the accreditation process through a series of reviews, evaluations, audits and hearings. All of CDCR’s adult correctional facilities are accredited. (http://www.aca.org/ACA_Prod_IMIS/ACA_Member/Standards_and_Accreditation/SAC_AccFacHome.aspx?WebsiteKey=139f6b09-e150-4c56-9c66-284b92f21e51&hkey=f53cf206-2285-490e-98b7-66b5ecf4927a&CCO=2#CCO.)
   
   In 2017, CDCR began conducting internal Security Audits through the Office of Audits and Court Compliance (OACC). These Security Audits are intended to replace the previous security reviews provided under the American Correctional Association and will identify weaknesses, deficiencies, and areas of vulnerability that create risks to the safety and security of the institutions, including identifying any safeguards and control systems that are no longer operable, appropriate, or adequate. The Security Audit tool contains 15 components that were developed using the California Code of Regulations, Title 15; the Department Operations Manual; and various policy memoranda as the primary sources of operational standards. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf.)
   
   The first audit occurred at CMF on July 30, 2017. It is anticipated that each institution will complete one round of Security Audits by October 2019. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf)
2. The Office of the Inspector General: The OIG is tasked with conducting ongoing system monitoring, and select reviews of policies, practices, and procedures of CDCR when requested by the Governor, the Senate Committee on Rules, or the Assembly. The OIG is also responsible for contemporaneous oversight of the internal affairs investigations and the disciplinary process of CDCR, for conducting reviews of the delivery of medical care at each State institution, and for determining the qualifications of candidates submitted by the Governor for the position of warden. (https://www.oig.ca.gov)
   
   In addition to these responsibilities, this bill would require the OIG to track and oversee the security inspections, audits, and remediation of security deficiencies at all CDCR institutions.
   
   This bill would also require CDCR to develop recommendations for corrective action to address deficiencies identified by its audits and inspections, and requires CDCR to prioritize the corrective action. This bill would require the OIG to review and reprioritize these corrective actions, if needed. By September 1, 2020, and every year thereafter, CDCR must submit a report to the Legislature detailing the security deficiencies found in the previous year, its recommendation’s to remediate security deficiencies identified in the OIG report, and an estimate of the time required to implement the remedial measures and an update on remedial plans submitted in previous years.
3. Confidentiality Considerations: The Legislature should consider whether the reporting required by this bill could expose security vulnerabilities and confidential information. Could disclosing and disseminating this information potentially threaten institutional security and the safety of the surrounding communities?
4. Need for the Bill: As described in CDCR’s 2017 Master Plan Annual Report, CDCR has a significant workload of capital outlay and special repair/deferred maintenance projects, driven by safety and security requirements, infrastructure systems that have been strained by capacity demands, the general age of many facilities, and inadequate maintenance funding. (https://www.cdcr.ca.gov/FPCM/docs/2017-Master-Plan-Annual-Report.pdf.) The impact of public safety realignment through AB 109 and several voter-approved initiative measures have provided relief as the number of inmates housed in CDCR has been reduced; however, the failing infrastructure systems throughout CDCR continue to require major repairs and replacements regardless of the number of inmates housed in the facility. (Id.) In its “Future of California Corrections” report, CDCR claims that “the vast majority of [its] facilities are over 30 years old and require major repairs and capital replacements to continue to operate effectively.” (https://www.cdcr.ca.gov/Blueprint-Update-2016/An-Update-to-the-Future-of-California-Corrections-January-2016.pdf.)
   
   The Governor’s 2018-19 budget proposes $136 million in one-time General Fund spending for infrastructure and equipment at CDCR, to replace roofs at three facilities, replace public safety radio communication systems, for mold remediation, and to replace and purchase additional vehicles for inmate health care services, and to replace dental equipment. (http://www.lao.ca.gov/reports/2018/3731/budget-overview-011218.pdf) In response to the governor’s proposal, the Legislative Analysis Office stated: “While these particular projects may have merit, the full magnitude of departments’ infrastructure and equipment needs is unclear…it is uncertain whether the proposed projects are of the highest priority in terms of …overall maintenance needs. The Legislature may wish to consider whether it has a different set of infrastructure priorities in 2018-19” (Id.)
5. Argument in Support: Writing in support, the City of Chino states, “The staff, inmates, and residents are directly affected when safety measures of state prisons are not addressed in a timely manner.”
   
6. Related Legislation: AB 1929 (Lackey), of the 2017-2018 Legislative Session, would require the OIG and CDC to evaluate adult inmate and parolee rehabilitation program operated by CDCR, and report the findings to the legislature. AB 1929 is pending in Assembly Public Safety.
   
7. Prior Legislation: AB 1890 (Pacheco), Chapter 525 of the 2000, provides that CDCR shall require working outside the prison grounds to wear distinctive clothing for identification purposes.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Chino

Opposition

None

Analysis Prepared by:

Liah Burnley / PUB. S. / (916) 319-3744