California 2013-2014 Regular Session Status: Enacted

SB 74 — Corrections.

Last action — Chaptered by Secretary of State. Chapter 30, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Within the department, existing law establishes 2 undersecretaries, one for administration and offender services and one for operations. This bill would also establish within the department an Undersecretary for Health Care Services. The bill would establish, under that undersecretary, the Division of Health Care Operations and the Division of Health Care Policy and Administration to be headed by a director, who shall be appointed by the Governor. Existing law establishes the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, among other duties. Existing law prohibits those members of the board from receiving compensation, but allows them to be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. Existing law prohibits Members of the Legislature and state, county, district, judicial district, and city officers or employees from having a financial interest in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law provides that every officer or person who is prohibited by the laws of this state from making or having an interest in contracts who willfully violates any of the provisions of those laws may be punished by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state. This bill would, commencing July 1, 2013, add to the Board of State and Community Corrections a chairperson to be appointed by the Governor, subject to Senate confirmation. The bill would require that the chairperson serve full time. The bill would also exclude the chairperson from the provision prohibiting members of the board from receiving compensation and would require the Department of Human Resources to fix the compensation for the chairperson. This bill would provide that members of a committee created by the Board of State and Community Corrections, including a member of the board in his or her capacity as a member of a committee created by the board, are deemed to have no financial interest in any contract made by the board based upon the receipt of compensation for holding public office or public employment, for purposes of the provisions prohibiting public officers from having a financial interest in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law creates the Office of the Inspector General, that is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation. Existing law requires the Inspector General, when requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, to review policies, practices, and procedures of the department. Upon completion of the review, the Inspector General is required to prepare a public written report, as described, to be posted on its Internet Web site and a complete written report to be disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to the Governor, the Secretary of the Department of Corrections and Rehabilitation, and the appropriate law enforcement agency. Existing law prohibits the Inspector General from hiring any person known to be directly or indirectly involved in an open internal affairs investigation being conducted by any federal, state, or local law enforcement agency, or the Office of the Inspector General. This bill would remove the Secretary as a party who would receive a copy of the complete written report, and would instead require the Inspector General to provide the report to the authorized entity that requested the report and the appropriate law enforcement agency. The bill would delete the prohibition on hiring a person who is directly or indirectly involved in an open internal affairs investigation by the Office of the Inspector General, and would instead prohibit hiring someone who is directly or indirectly involved in an open internal affairs investigation by any federal, state, or local agency. Existing law creates, within the Office of the Inspector General, a Bureau of Independent Review (BIR) subject to the direction of the Inspector General. The BIR is responsible for contemporaneous oversight of the department investigations conducted by its Office of Internal Affairs. This bill would eliminate the BIR, make the Office of the Inspector General directly responsible for the BIR's duties and responsibilities, and require the Office of the Inspector General to have staff physically colocated with the department's Office of Internal Affairs. The bill would delete obsolete provisions, and make conforming changes. The bill would appropriate $750,000 from the 1990 Prison Construction Fund to the Department of Corrections and Rehabilitation for statewide budget packages and advanced planning in its capital outlay program during the 2013–14 fiscal year, as specified. The bill would require that the funds be available for encumbrance until June 30, 2014, and be allocated by the Department of Corrections and Rehabilitation, upon approval by the Department of Finance. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 30, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. Assembly amendments concurred in. (Ayes 32. Noes 4. Page 1373.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 59. Noes 14. Page 1984.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee. (Ayes 54. Noes 25. Page 1983.)

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  10. Referred to Com. on BUDGET.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 24. Noes 9. Page 892.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Withdrawn from committee.

  16. Referred to Com. on RLS.

  17. From printer. May be acted upon on or after February 10.

  18. (Corrected May 9).

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 74 B. & F. R. Senate Third Reading By BLUMENFIELD

Passed 59 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 53906
Democratic 6100
Republican 0400
Total 591406
% of votes cast 75%18%0%8%
How each member voted (79)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Bigelow — Not Voting
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Skinner — Yea
Wagner — Nay
Wieckowski — Yea
Wilk — Nay
Cooley — Yea
Frazier — Yea
Gomez — Yea
Stone — Yea
Hagman — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Daly — Yea
Bonilla — Yea
Holden — Yea
Medina — Yea
Nazarian — Yea
Quirk — Yea
Gatto — Yea
Gonzalez — Yea
Harkey — Nay
Jones-Sawyer — Yea
Logue — Nay
Melendez — Yea
Bocanegra — Yea
Morrell — Yea
John A. Pérez — Yea
Mullin — Yea
Salas — Yea
Perea — Yea
Rendon — Yea
Campos — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Gorell — Not Voting
Conway — Not Voting
Nestande — Not Voting
Olsen — Not Voting
Fox — Yea
Yamada — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Unfinished Supp 2 SB74 Committee on B. & F.R. (Leno) Concurrence

Passed 32 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 29403
Democratic 3000
Total 32403
% of votes cast 82%10%0%8%
How each member voted (39)
Member Party Vote
Block — Yea
Hill — Yea
Leno — Yea
Nielsen — Nay
Pavley — Yea
Steinberg — Yea
Wyland — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Wright — Yea
Evans — Yea
Fuller — Nay
De León — Yea
Cannella — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Corbett — Yea
Anderson — Nay
Beall — Yea
Correa — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Price — Yea
Roth — Yea
Torres — Yea
Walters — Not Voting
Wolk — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading SB74 Committee on B. & F.R.

Passed 24 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 22904
Democratic 2001
Total 24905
% of votes cast 63%24%0%13%
How each member voted (38)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Lara — Yea
Monning — Yea
Walters — Not Voting
Emmerson — Nay
Evans — Yea
Wright — Yea
Wyland — Nay
Cannella — Nay
Corbett — Yea
Correa — Yea
De León — Yea
Fuller — Nay
Galgiani — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Block — Yea
Knight — Nay
Leno — Yea
Lieu — Not Voting
Liu — Yea
Nielsen — Nay
Pavley — Yea
Price — Not Voting
Roth — Yea
Steinberg — Yea
Wolk — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 74 do?
Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Within the department, existing law establishes 2 undersecretaries, one for administration and offender services and one for operations. This bill would also establish within the department an Undersecretary for Health Care Services. The bill would establish, under that undersecretary, the Division of Health Care Operations and the Division of Health Care Policy and Administration to be headed by a director, who shall be appointed by the Governor. Existing law establishes the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, among other duties. Existing law prohibits those members of the board from receiving compensation, but allows them to be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. Existing law prohibits Members of the Legislature and state, county, district, judicial district, and city officers or employees from having a financial interest in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law provides that every officer or person who is prohibited by the laws of this state from making or having an interest in contracts who willfully violates any of the provisions of those laws may be punished by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state. This bill would, commencing July 1, 2013, add to the Board of State and Community Corrections a chairperson to be appointed by the Governor, subject to Senate confirmation. The bill would require that the chairperson serve full time. The bill would also exclude the chairperson from the provision prohibiting members of the board from receiving compensation and would require the Department of Human Resources to fix the compensation for the chairperson. This bill would provide that members of a committee created by the Board of State and Community Corrections, including a member of the board in his or her capacity as a member of a committee created by the board, are deemed to have no financial interest in any contract made by the board based upon the receipt of compensation for holding public office or public employment, for purposes of the provisions prohibiting public officers from having a financial interest in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law creates the Office of the Inspector General, that is responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation. Existing law requires the Inspector General, when requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, to review policies, practices, and procedures of the department. Upon completion of the review, the Inspector General is required to prepare a public written report, as described, to be posted on its Internet Web site and a complete written report to be disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to the Governor, the Secretary of the Department of Corrections and Rehabilitation, and the appropriate law enforcement agency. Existing law prohibits the Inspector General from hiring any person known to be directly or indirectly involved in an open internal affairs investigation being conducted by any federal, state, or local law enforcement agency, or the Office of the Inspector General. This bill would remove the Secretary as a party who would receive a copy of the complete written report, and would instead require the Inspector General to provide the report to the authorized entity that requested the report and the appropriate law enforcement agency. The bill would delete the prohibition on hiring a person who is directly or indirectly involved in an open internal affairs investigation by the Office of the Inspector General, and would instead prohibit hiring someone who is directly or indirectly involved in an open internal affairs investigation by any federal, state, or local agency. Existing law creates, within the Office of the Inspector General, a Bureau of Independent Review (BIR) subject to the direction of the Inspector General. The BIR is responsible for contemporaneous oversight of the department investigations conducted by its Office of Internal Affairs. This bill would eliminate the BIR, make the Office of the Inspector General directly responsible for the BIR's duties and responsibilities, and require the Office of the Inspector General to have staff physically colocated with the department's Office of Internal Affairs. The bill would delete obsolete provisions, and make conforming changes. The bill would appropriate $750,000 from the 1990 Prison Construction Fund to the Department of Corrections and Rehabilitation for statewide budget packages and advanced planning in its capital outlay program during the 2013–14 fiscal year, as specified. The bill would require that the funds be available for encumbrance until June 30, 2014, and be allocated by the Department of Corrections and Rehabilitation, upon approval by the Department of Finance. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 74?
SB 74 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 74?
This bill has been enacted into law. Introduced January 10, 2013. Enacted.
Where can I track SB 74?
Track SB 74 free on One Click Politics — get push/email alerts when it moves.

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