Article 14. Department Of Corrections And Rehabilitation of California Government Code >> Division 3. >> Title 2. >> Part 2.5. >> Chapter 1. >> Article 14.
(a) There is hereby created in state government the
Department of Corrections and Rehabilitation, to be headed by a
secretary, who shall be appointed by the Governor, subject to Senate
confirmation, and shall serve at the pleasure of the Governor. The
Department of Corrections and Rehabilitation shall consist of Adult
Operations, Adult Programs, Health Care Services, Juvenile Justice,
the Board of Parole Hearings, the State Commission on Juvenile
Justice, the Prison Industry Authority, and the Prison Industry
Board.
(b) The Governor, upon recommendation of the secretary, may
appoint three undersecretaries of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The undersecretaries
shall hold office at the pleasure of the Governor. One undersecretary
shall oversee administration and offender services, one
undersecretary shall oversee health care services, and one
undersecretary shall oversee operations for the department.
(c) The Governor, upon recommendation of the secretary, shall
appoint a Chief for the Office of Victim Services, and a Chief for
the Office of Correctional Safety, both of whom shall serve at the
pleasure of the Governor.
(a) There is hereby created within the Department of
Corrections and Rehabilitation, under the Undersecretary for
Administration and Offender Services, the following divisions:
(1) The Division of Enterprise Information Services, the Division
of Facility Planning, Construction, and Management, and the Division
of Administrative Services. Each division shall be headed by a
director, who shall be appointed by the Governor, upon recommendation
of the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor.
(2) The Division of Internal Oversight and Research. This division
shall be headed by a director, who shall be appointed by the
Governor, upon recommendation of the secretary, who shall serve at
the pleasure of the Governor.
(b) There is hereby created in the Department of Corrections and
Rehabilitation, under the Undersecretary for Health Care Services,
the Division of Health Care Operations and the Division of Health
Care Policy and Administration. Each division shall be headed by a
director, who shall be appointed by the Governor, upon recommendation
of the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor.
(c) There is hereby created within the Department of Corrections
and Rehabilitation, under the Undersecretary for Operations, the
Division of Adult Institutions, the Division of Adult Parole
Operations, the Division of Juvenile Justice, and the Division of
Rehabilitative Programs. Each division shall be headed by a director,
who shall be appointed by the Governor, upon recommendation of the
secretary, subject to Senate confirmation, who shall serve at the
pleasure of the Governor.
(d) The Governor shall, upon recommendation of the secretary,
appoint four subordinate officers to the Division of Adult
Institutions, subject to Senate confirmation, who shall serve at the
pleasure of the Governor. Each subordinate officer appointed pursuant
to this subdivision shall oversee an identified category of adult
institutions, one of which shall be female offender facilities.
(e) (1) Unless the context clearly requires otherwise, whenever
the term "Chief Deputy Secretary for Adult Operations" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Adult Institutions.
(2) Unless the context clearly requires otherwise, whenever the
term "Chief Deputy Secretary for Adult Programs" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Rehabilitative Programs.
(3) Unless the context clearly requires otherwise, whenever the
term "Chief Deputy Secretary for Juvenile Justice" appears in any
statute, regulation, or contract, it shall be construed to refer to
the Director of the Division of Juvenile Justice.
The Board of Parole Hearings is hereby created. The Board
of Parole Hearings shall be comprised of 17 commissioners, who shall
be appointed by the Governor, subject to Senate confirmation, for
three-year terms. The Board of Parole Hearings hereby succeeds to,
and is vested with, all the powers, duties, responsibilities,
obligations, liabilities, and jurisdiction of the following entities,
which shall no longer exist: Board of Prison Terms, Narcotic Addict
Evaluation Authority, and Youthful Offender Parole Board. For
purposes of this article, the above entities shall be known as
"predecessor entities."
The Department of Corrections and Rehabilitation hereby
succeeds to, and is vested with, all the powers, functions, duties,
responsibilities, obligations, liabilities, and jurisdiction of the
following entities, which shall no longer exist: Youth and Adult
Correctional Agency, Department of Corrections, Department of the
Youth Authority, Commission on Correctional Peace Officer Standards
and Training, Board of Corrections, and State Commission on Juvenile
Justice, Crime and Delinquency Prevention. For purposes of this
article, the above entities shall be known as "predecessor entities."
The following entities shall be continued in existence
within the Department of Corrections and Rehabilitation and shall
retain existing functions, powers, responsibilities, and
jurisdiction, except as expressly provided otherwise: Council on
Mentally Ill Offenders, Prison Industry Authority, Prison Industry
Authority Board, California Council for Interstate Adult Offender
Supervision, and the Joint Venture Policy Advisory Board. For
purposes of this article, these shall be known as "continuing
entities."
(a) The Secretary of the Department of Corrections and
Rehabilitation shall serve as the Chief Executive Officer of the
Department of Corrections and Rehabilitation and shall have all of
the powers and authority which are conferred upon a head of a state
department by Chapter 2 (commencing with Section 11150) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Without limiting any other powers or duties, the secretary
shall assure compliance with the terms of any state plan, memorandums
of understanding, administrative order, interagency agreements,
assurances, single state agency obligations, federal statute and
regulations, and any other form of agreement or obligation that vital
government activities rely upon, or are a condition to, the
continued receipt by the department of state or federal funds or
services. This includes, but is not limited to, the designation,
appointment, and provision of individuals, groups, and resources to
fulfill specific obligations of any agency, board, or department that
is abolished pursuant to Section 12838.4 or 12838.5.
All regulations adopted by the predecessor entities,
continuing entities, and any of their predecessors are expressly
continued in force. Any statute, law, rule, or regulation now in
force, or that may hereafter be enacted or adopted with reference to
the predecessor entities and any of their predecessors shall mean the
Department of Corrections and Rehabilitation. Any action concerning
these duties, responsibilities, obligations, liabilities, and
functions shall not abate but shall continue in the name of the
Department of Corrections and Rehabilitation, and the Department of
Corrections and Rehabilitation shall be substituted for the
predecessor entities and continuing entities by the court wherein the
action is pending. The substitution shall not affect the rights of
the parties to the action.
No contract, lease, license, or any other agreement to
which the predecessor entities, continuing entities, and any of their
predecessors are a party shall be void or voidable by reason of this
measure, but shall continue in full force and effect, with the
Department of Corrections and Rehabilitation assuming all of the
rights, obligations, and duties of the predecessor entities. That
assumption by the Department of Corrections and Rehabilitation shall
not in any way affect the rights of the parties to the contract,
lease, license, or agreement. Bonds issued by the predecessor
entities, continuing entities, and any of their predecessors on or
before July 1, 2005, shall become the indebtedness of any newly
created entity. Any ongoing obligations or responsibilities of the
predecessor entities, continuing entities, and any of their
predecessors for managing and maintaining bond issuances shall be
transferred to the newly created entity without impairment to any
security contained in the bond instrument.
On and after July 1, 2005, the unencumbered balance of
all money available for expenditure by the predecessor entities,
continuing entities, and any of their predecessors in carrying out
any functions transferred to the Department of Corrections and
Rehabilitation by this measure shall be made available for the
support and maintenance of the Department of Corrections and
Rehabilitation. All books, documents, records, and property of the
predecessor entities shall be transferred to the Department of
Corrections and Rehabilitation.
On and after July 1, 2005, positions filled by
appointment by the Governor in the predecessor entities or continuing
entities shall be transferred to the Department of Corrections and
Rehabilitation. Individuals in positions transferred pursuant to this
section shall serve at the pleasure of the Governor, unless as
otherwise expressly stated. Titles of positions transferred pursuant
to this section shall be determined by the secretary with the
approval of the Governor. Salaries of positions transferred shall
remain at the level established pursuant to law on June 30, 2005.
(a) Any officer or employee of the predecessor entities
who is engaged in the performance of a function specified in this
reorganization plan and who is serving in the state civil service,
other than as a temporary employee, shall be transferred to the
Department of Corrections and Rehabilitation pursuant to the
provisions of Section 19050.9.
(b) Any officer or employee of the continuing entities who is
engaged in the performance of a function specified in this
reorganization plan and who is serving in the state civil service,
other than as a temporary employee, shall continue such status with
the continuing entity pursuant to the provisions of Section 19050.9.
(c) The status, position, and rights of any officer or employee of
the predecessor entities shall not be affected by the transfer and
shall be retained by the person as an officer or employee of the
Department of Corrections and Rehabilitation, as the case may be,
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code),
except as to a position that is exempt from civil service.
This article shall become operative as of July 1, 2005.
(a) Notwithstanding any other provision of law, money
recovered by the Department of Corrections and Rehabilitation from a
union paid leave settlement agreement shall be credited to the fiscal
year in which the recovered money is received. An amount not to
exceed the amount of the money received shall be available for
expenditure to the Department of Corrections and Rehabilitation for
the fiscal year in which the recovered money is received, upon
approval of the Department of Finance. If this statute is enacted on
or after July 1, 2012, any money received prior to July 1, 2012, for
purposes of this section, shall be available for expenditure for the
2012-13 fiscal year.
(b) The Department of Corrections and Rehabilitation shall
identify and report the total amount collected annually to the
Department of Finance.
(c) This section shall become inoperative on June 30, 2021, and,
as of January 1, 2022, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2022, deletes or
extends the dates on which it becomes inoperative and is repealed.