Article 1. General Provisions of California Penal Code >> Title 7. >> Part 3. >> Chapter 5. >> Article 1.
(a) Commencing July 1, 2012, there is hereby established the
Board of State and Community Corrections. The Board of State and
Community Corrections shall be an entity independent of the
Department of Corrections and Rehabilitation. The Governor may
appoint an executive officer of the board, subject to Senate
confirmation, who shall hold the office at the pleasure of the
Governor. The executive officer shall be the administrative head of
the board and shall exercise all duties and functions necessary to
ensure that the responsibilities of the board are successfully
discharged. As of July 1, 2012, any references to the Board of
Corrections or the Corrections Standards Authority shall refer to the
Board of State and Community Corrections. As of that date, the
Corrections Standards Authority is abolished.
(b) The mission of the board shall include providing statewide
leadership, coordination, and technical assistance to promote
effective state and local efforts and partnerships in California's
adult and juvenile criminal justice system, including addressing gang
problems. This mission shall reflect the principle of aligning
fiscal policy and correctional practices, including, but not limited
to prevention, intervention, suppression, supervision, and
incapacitation, to promote a justice investment strategy that fits
each county and is consistent with the integrated statewide goal of
improved public safety through cost-effective, promising, and
evidence-based strategies for managing criminal justice populations.
(c) The board shall regularly seek advice from a balanced range of
stakeholders and subject matter experts on issues pertaining to
adult corrections, juvenile justice, and gang problems relevant to
its mission. Toward this end, the board shall seek to ensure that its
efforts (1) are systematically informed by experts and stakeholders
with the most specific knowledge concerning the subject matter, (2)
include the participation of those who must implement a board
decision and are impacted by a board decision, and (3) promote
collaboration and innovative problem solving consistent with the
mission of the board. The board may create special committees, with
the authority to establish working subgroups as necessary, in
furtherance of this subdivision to carry out specified tasks and to
submit its findings and recommendations from that effort to the
board.
(d) The board shall act as the supervisory board of the state
planning agency pursuant to federal acts. It shall annually review
and approve, or review, revise, and approve, the comprehensive state
plan for the improvement of criminal justice and delinquency and gang
prevention activities throughout the state, shall establish
priorities for the use of funds as are available pursuant to federal
acts, and shall approve the expenditure of all funds pursuant to such
plans or federal acts, provided that the approval of those
expenditures may be granted to single projects or to groups of
projects.
(e) It is the intent of the Legislature that any statutory
authority conferred on the Corrections Standards Authority or the
previously abolished Board of Corrections shall apply to the Board of
State and Community Corrections on and after July 1, 2012, unless
expressly repealed by the act which added this section. The Board of
State and Community Corrections is the successor to the Corrections
Standards Authority, and as of July 1, 2012, is vested with all of
the authority's rights, powers, authority, and duties, unless
specifically repealed by this act.
(f) For purposes of this chapter, "federal acts" means Subchapter
V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets
Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et
seq.), the federal Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory
or supplemental thereto.
(a) Commencing July 1, 2012, the Board of State and Community
Corrections shall be composed of 12 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who
shall be the Secretary of the Department of Corrections and
Rehabilitation.
(2) The Director of the Division of Adult Parole Operations for
the Department of Corrections and Rehabilitation.
(3) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of 200 or less
inmates, appointed by the Governor, subject to Senate confirmation.
(4) A county sheriff in charge of a local detention facility which
has a Corrections Standards Authority rated capacity of over 200
inmates, appointed by the Governor, subject to Senate confirmation.
(5) A county supervisor or county administrative officer. This
member shall be appointed by the Governor, subject to Senate
confirmation.
(6) A chief probation officer from a county with a population over
200,000, appointed by the Governor, subject to Senate confirmation.
(7) A chief probation officer from a county with a population
under 200,000, appointed by the Governor, subject to Senate
confirmation.
(8) A judge appointed by the Judicial Council of California.
(9) A chief of police, appointed by the Governor, subject to
Senate confirmation.
(10) A community provider of rehabilitative treatment or services
for adult offenders, appointed by the Speaker of the Assembly.
(11) A community provider or advocate with expertise in effective
programs, policies, and treatment of at-risk youth and juvenile
offenders, appointed by the Senate Committee on Rules.
(12) A public member, appointed by the Governor, subject to Senate
confirmation.
(b) Commencing July 1, 2013, the Board of State and Community
Corrections shall be composed of 13 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who
shall be appointed by the Governor, subject to Senate confirmation.
(2) The Secretary of the Department of Corrections and
Rehabilitation.
(3) The Director of the Division of Adult Parole Operations for
the Department of Corrections and Rehabilitation.
(4) The individuals listed in paragraphs (3) to (12), inclusive,
of subdivision (a), who shall serve or continue to serve terms as
provided in subdivision (d).
(c) The Chair of the Board of State and Community Corrections
shall serve full time.
(d) The terms of the members appointed by the Governor shall
expire as follows: three on July 1, 2014, and four on July 1, 2015,
as specified by the Governor. The term of the member appointed by the
Senate Committee on Rules shall expire on July 1, 2014. The term of
the member appointed by the Speaker of the Assembly shall expire on
July 1, 2015. The term of the member appointed by the Judicial
Council shall expire on July 1, 2015. Successor members shall hold
office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Members are eligible for
reappointment.
(e) The board shall select a vice chairperson from among its
members, who shall be either a chief probation officer or a sheriff.
Seven members of the board shall constitute a quorum.
(f) When the board is hearing charges against any member, the
individual concerned shall not sit as a member of the board for the
period of hearing of charges and the determination of recommendations
to the Governor.
(g) If any appointed member is not in attendance for three
meetings in any calendar year, the board shall inform the appointing
authority, which may remove that member and make a new appointment,
as provided in this section, for the remainder of the term.
(a) Members of the board, with the exception of the Chair
of the Board of State and Community Corrections, shall receive no
compensation, but shall be reimbursed for their actual and necessary
travel expenses incurred in the performance of their duties. For
purposes of compensation, attendance at meetings of the board shall
be deemed performance by a member of the duties of his or her state
or local governmental employment. For purposes of Section 1090 of the
Government Code, members of a committee created by the board,
including a member of the board in his or her capacity as a member of
a committee created by the board, have no financial interest in any
contract made by the board, including a grant or bond financing
transaction, based upon the receipt of compensation for holding
public office or public employment.
(b) The Chair of the Board of State and Community Corrections
shall serve full time. The Department of Human Resources shall fix
the compensation of the Chair of the Board of State and Community
Corrections.
The Director of Corrections, Board of Prison Terms, the
Youthful Offender Parole Board, and the Director of the Youth
Authority shall file with the Board of Corrections for information of
the board or for review and advice to the respective agency as the
board may determine, all rules, regulations and manuals relating to
or in implementation of policies, procedures, or enabling laws.
The Board of Corrections may delegate any ministerial
authority or duty conferred or imposed upon the board to a
subordinate officer subject to those conditions as it may choose to
impose.
The Corrections Standards Authority shall be the means
whereby the Department of Corrections and Rehabilitation may
correlate its individual programs for adults and youths under its
jurisdiction.
(a) It shall be the duty of 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, including, but not limited to, prevention,
intervention, suppression, supervision, and incapacitation, as they
relate to both adult corrections, juvenile justice, and gang
problems. The board shall seek to collect and make publicly available
up-to-date data and information reflecting the impact of state and
community correctional, juvenile justice, and gang-related policies
and practices enacted in the state, as well as information and data
concerning promising and evidence-based practices from other
jurisdictions.
(b) Consistent with subdivision (c) of Section 6024, the board
shall also:
(1) Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity throughout the
state.
(2) Identify, promote, and provide technical assistance relating
to evidence-based programs, practices, and promising and innovative
projects consistent with the mission of the board.
(3) Develop definitions of key terms, including, but not limited
to, "recidivism," "average daily population," "treatment program
completion rates," and any other terms deemed relevant in order to
facilitate consistency in local data collection, evaluation, and
implementation of evidence-based practices, promising evidence-based
practices, and evidence-based programs. In developing these
definitions, the board shall consult with the following stakeholders
and experts:
(A) A county supervisor or county administrative officer, selected
after conferring with the California State Association of Counties.
(B) A county sheriff, selected after conferring with the
California State Sheriffs' Association.
(C) A chief probation officer, selected after conferring with the
Chief Probation Officers of California.
(D) A district attorney, selected after conferring with the
California District Attorneys Association.
(E) A public defender, selected after conferring with the
California Public Defenders Association.
(F) The Secretary of the Department of Corrections and
Rehabilitation.
(G) A representative from the Administrative Office of the Courts.
(H) A representative from a nonpartisan, nonprofit policy
institute with experience and involvement in research and data
relating to California's criminal justice system.
(I) A representative from a nonprofit agency providing
comprehensive reentry services.
(4) Receive and disburse federal funds, and perform all necessary
and appropriate services in the performance of its duties as
established by federal acts.
(5) Develop comprehensive, unified, and orderly procedures to
ensure that applications for grants are processed fairly,
efficiently, and in a manner consistent with the mission of the
board.
(6) Identify delinquency and gang intervention and prevention
grants that have the same or similar program purpose, are allocated
to the same entities, serve the same target populations, and have the
same desired outcomes for the purpose of consolidating grant funds
and programs and moving toward a unified single delinquency
intervention and prevention grant application process in adherence
with all applicable federal guidelines and mandates.
(7) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
(8) Develop incentives for units of local government to develop
comprehensive regional partnerships whereby adjacent jurisdictions
pool grant funds in order to deliver services, such as job training
and employment opportunities, to a broader target population,
including at-risk youth, and maximize the impact of state funds at
the local level.
(9) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(10) Identify and evaluate state, local, and federal gang and
youth violence suppression, intervention, and prevention programs and
strategies, along with funding for those efforts. The board shall
assess and make recommendations for the coordination of the state's
programs, strategies, and funding that address gang and youth
violence in a manner that maximizes the effectiveness and
coordination of those programs, strategies, and resources. By January
1, 2014, the board shall develop funding allocation policies to
ensure that within three years no less than 70 percent of funding for
gang and youth violence suppression, intervention, and prevention
programs and strategies is used in programs that utilize promising
and proven evidence-based principles and practices. The board shall
communicate with local agencies and programs in an effort to promote
the best evidence-based principles and practices for addressing gang
and youth violence through suppression, intervention, and prevention.
(11) The board shall collect from each county the plan submitted
pursuant to Section 1230.1 within two months of adoption by the
county boards of supervisors. Commencing January 1, 2013, and
annually thereafter, the board shall collect and analyze available
data regarding the implementation of the local plans and other
outcome-based measures, as defined by the board in consultation with
the Administrative Office of the Courts, the Chief Probation Officers
of California, and the California State Sheriffs' Association. By
July 1, 2013, and annually thereafter, the board shall provide to the
Governor and the Legislature a report on the implementation of the
plans described above.
(12) Commencing on and after July 1, 2012, the board, in
consultation with the Administrative Office of the Courts, the
California State Association of Counties, the California State
Sheriffs' Association, and the Chief Probation Officers of
California, shall support the development and implementation of first
phase baseline and ongoing data collection instruments to reflect
the local impact of Chapter 15 of the Statutes of 2011, specifically
related to dispositions for felony offenders and postrelease
community supervision. The board shall make any data collected
pursuant to this paragraph available on the board's Internet Web
site. It is the intent of the Legislature that the board promote
collaboration and the reduction of duplication of data collection and
reporting efforts where possible.
(c) The board may do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
(d) Nothing in this chapter shall be construed to include, in the
provisions set forth in this section, funds already designated to the
Local Revenue Fund 2011 pursuant to Section 30025 of the Government
Code.
Upon request of the Board of Corrections or upon his own
initiative, the Governor from time to time may create by executive
order one or more special commissions to assist the Board of
Corrections in the study of crime pursuant to Section 6027. Each such
special commission shall consist of not less than three nor more
than five members, who shall be appointed by the Governor. The
members of any such special commission shall serve without
compensation, except that they shall receive their actual and
necessary expenses incurred in the discharge of their duties.
The executive order creating each special commission shall specify
the subjects and scope of the study to be made by the commission,
and shall fix a time within which the commission shall make its final
report. Each commission shall cease to exist when it makes its final
report.
Each such special commission may investigate any and all
matters relating to the subjects specified in the order creating it.
In the exercise of its powers the commission shall be subject to the
following conditions and limitations:
(a) A witness at any hearing shall have the right to have present
at such hearing counsel of his own choice, for the purpose of
advising him concerning his constitutional rights.
(b) No hearing shall be televised or broadcast by radio, nor shall
any mechanical, photographic or electronic record of the proceedings
at any hearing be televised or broadcast by radio.
The Secretary of the Youth and Adult Correctional Agency
may furnish for the use of any such commission such facilities,
supplies, and personnel as may be available therefor.
All such special commissions shall make all their reports
and recommendations to the Board of Corrections. The Board of
Corrections shall consider such reports and recommendations, and
shall transmit them to the Governor and the Legislature, together
with its own comments and recommendations on the subject matter
thereof, within the first 30 days of the next succeeding general or
budget session of the Legislature. The Board of Corrections shall
also file copies of such reports with the Attorney General, the State
Library and such other state departments as may appear to have an
official interest in the subject matter of the report or reports in
question.
The Governor shall report to each regular session of the
Legislature the names of any persons appointed under Section 6028
together with a statement of expenses incurred.
(a) The plans and specifications of every jail, prison, or
other place of detention of persons charged with or convicted of
crime or of persons detained pursuant to the Juvenile Court Law
(Chapter 2 (commencing with Section 200) of Division 2 of the Welfare
and Institutions Code) or the Youth Authority Act (Chapter 1
(commencing with Section 1700) of Division 2.5 of the Welfare and
Institutions Code), if those plans and specifications involve
construction, reconstruction, remodeling, or repairs of an aggregate
cost in excess of fifteen thousand dollars ($15,000), shall be
submitted to the board for its recommendations. Upon request of any
city, city and county, or county, the board shall consider the entire
program or group of detention facilities currently planned or under
consideration by the city, city and county, or county, and make a
study of the entire needs of the city, city and county, or county
therefor, and make recommendations thereon. No state department or
agency other than the board shall have authority to make
recommendations in respect to plans and specifications for the
construction of county jails or other county detention facilities or
for alterations thereto, except such recommendations as the board may
request from any such state department or agency.
(b) As used in this section, "place of detention" includes, but is
not limited to, a correctional treatment center, as defined in
subdivision (k) of Section 1250 of the Health and Safety Code, which
is operated by a city, city and county, or county.
(a) There is hereby created the County Jail Capital
Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund
shall be expended by the Board of Corrections as specified in this
section to assist counties to finance jail construction. Moneys in
the County Jail Capital Expenditure Fund shall be available for
encumbrance without regard to fiscal years, and notwithstanding any
other provision of law, shall not revert to the General Fund or be
transferred to any other fund or account in the State Treasury except
for purposes of investment as provided in Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of
the Government Code. All interest or other increment resulting from
such investment shall be deposited in the County Jail Capital
Expenditure Fund, notwithstanding Section 16305.7 of the Government
Code.
(b) As used in this section, "construction" shall include, but not
be limited to, reconstruction, remodeling, replacement of
facilities, and the performance of deferred maintenance activities on
facilities pursuant to rules and regulations regarding such
activities as shall be adopted by the Board of Corrections.
(c) The Board of Corrections shall provide financial assistance to
counties from the County Jail Capital Expenditure Fund according to
policies, criteria, and procedures adopted by the board pursuant to
recommendations made by the appropriate subcommittees of the Senate
Committee on Criminal Procedure and the Assembly Committee on Public
Safety and after consulting with a representative sample of county
boards of supervisors and sheriffs.
(d) In performing the duties set forth in this section, the Board
of Corrections and the policy committees of the Legislature shall
consider the following:
(1) The extent to which the county requesting aid has exhausted
all other available means of raising the requested funds for the
capital improvements and the extent to which the funds from the
County Jail Capital Expenditure Fund will be utilized to attract
other sources of capital financing for county jail facilities;
(2) The extent to which a substantial county match shall be
required and any circumstances under which the county match may be
reduced or waived;
(3) The extent to which the county's match shall be based on the
county's previous compliance with Board of Corrections standards;
(4) The extent to which the capital improvements are necessary to
the life or safety of the persons confined or employed in the
facility or the health and sanitary conditions of the facility;
(5) The extent to which the county has utilized reasonable
alternatives to pre- and post-conviction incarceration, including,
but not limited to, programs to facilitate release upon one's own
recognizance where appropriate to individuals pending trial,
sentencing alternatives to custody, and civil commitment or diversion
programs consistent with public safety for those with drug- or
alcohol-related problems or mental or developmental disabilities.
The Board of Corrections is authorized to expend money from
the County Jail Capital Expenditure Fund, created pursuant to
Sections 4412 and 6029.1, on joint use correctional facilities
housing county and state or federal prisoners or any combination
thereof in proportion to the county benefit.
(a) The Board of State and Community Corrections shall
establish minimum standards for local correctional facilities. The
board shall review those standards biennially and make any
appropriate revisions.
(b) The standards shall include, but not be limited to, the
following areas: health and sanitary conditions, fire and life
safety, security, rehabilitation programs, recreation, treatment of
persons confined in local correctional facilities, and personnel
training.
(c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
(d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by
the facility while they are pregnant be notified, orally or in
writing, of and provided all of the following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and post partum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(3) Information pertaining to childbirth education and infant
care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that a woman known to be pregnant
or in recovery after delivery shall not be restrained, except as
provided in Section 3407. The board shall develop standards regarding
the restraint of pregnant women at the next biennial review of the
standards after the enactment of the act amending this subdivision
and shall review the individual facility's compliance with the
standards.
(g) In establishing minimum standards, the board shall seek the
advice of the following:
(1) For health and sanitary conditions:
The State Department of Public Health, physicians, psychiatrists,
local public health officials, and other interested persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested
persons.
(3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.
(a) The Board of Corrections shall inspect each local
detention facility in the state biennially.
(b) This section shall become operative on July 1, 1997.
Inspections of local detention facilities shall be made
biennially. Inspections of privately operated work furlough
facilities and programs shall be made biennially unless the work
furlough administrator requests an earlier inspection. Inspections
shall include, but not be limited to, the following:
(a) Health and safety inspections conducted pursuant to Section
101045 of the Health and Safety Code.
(b) Fire suppression preplanning inspections by the local fire
department.
(c) Security, rehabilitation programs, recreation, treatment of
persons confined in the facilities, and personnel training by the
staff of the Board of Corrections.
Reports of each facility's inspection shall be furnished to the
official in charge of the local detention facility or, in the case of
a privately operated facility, the work furlough administrator, the
local governing body, the grand jury, and the presiding judge of the
superior court in the county where the facility is located. These
reports shall set forth the areas wherein the facility has complied
and has failed to comply with the minimum standards established
pursuant to Section 6030.
The Board of Corrections shall file with the Legislature on
December 30, in each even-numbered year, reports to the Legislature
which shall include information on all of the following:
(a) Inspection of those local detention facilities that have not
complied with the minimum standards established pursuant to Section
6030. The reports shall specify those areas in which the facility has
failed to comply and the estimated cost to the facility necessary to
accomplish compliance with the minimum standards.
(b) Information regarding the progress and effectiveness of the
standards and training program contained in Sections 6035 to 6037,
inclusive.
(c) Status of funds expended, interest earned, actions
implementing the prerequisites for funding, any reallocations of
funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a
complete listing of funds allocated to each county.
(d) Inmate accounting system data to be maintained on an annual
basis by the sheriff, chief of police, or other official in charge of
operating the adult detention system in a county or city, including
all of the following:
(1) Average daily population of sentenced and unsentenced
prisoners classified according to gender and juvenile status.
(2) Jail admissions of sentenced and unsentenced prisoners,
booking charge, date and time of booking, date and time of release,
and operating expenses.
(3) Detention system capital and operating expenses.
The Board of Corrections is authorized to apply for any
funds that may be available from the federal government to further
the purposes of Sections 6030 to 6031.2, inclusive.
(a) For the purpose of this title, "local detention
facility" means any city, county, city and county, or regional
facility used for the confinement for more than 24 hours of adults,
or of both adults and minors, but does not include that portion of a
facility for the confinement of both adults and minors which is
devoted only to the confinement of minors.
(b) In addition to those provided for in subdivision (a), for the
purposes of this title, "local detention facility" also includes any
city, county, city and county, or regional facility, constructed on
or after January 1, 1978, used for the confinement, regardless of the
length of confinement, of adults or of both adults and minors, but
does not include that portion of a facility for the confinement of
both adults and minors which is devoted only to the confinement of
minors.
(c) "Local detention facility" also includes any adult detention
facility, exclusive of any facility operated by the California
Department of Corrections or any facility holding inmates pursuant to
Section 2910.5, Chapter 4 (commencing with Section 3410) of Title 2
of, Chapter 9.2 (commencing with Section 6220) of Title 7 of, Chapter
9.5 (commencing with Section 6250) of Title 7 of, or Chapter 9.6
(commencing with Section 6260) of Title 7 of, Part 3, that holds
local prisoners under contract on behalf of cities, counties, or
cities and counties. Nothing in this subdivision shall be construed
as affecting or authorizing the establishment of private detention
facilities.
(d) For purposes of this title, a local detention facility does
not include those rooms that are used for holding persons for
interviews, interrogations, or investigations, and are either
separate from a jail or located in the administrative area of a law
enforcement facility.
For the purposes of this chapter, the term "correctional
personnel" means either of the following:
(1) Any person described by subdivision (a) or (b) of Section
830.5, 830.55, 831, or 831.5.
(2) Any class of persons who perform supervision, custody, care,
or treatment functions and are employed by the Department of
Corrections, the Department of the Youth Authority, any correctional
or detention facility, probation department, community-based
correctional program, or other state or local public facility or
program responsible for the custody, supervision, treatment, or
rehabilitation of persons accused of, or adjudged responsible for,
criminal or delinquent conduct.
(a) Any privately operated local detention facility
responsible for the custody and control of any local prisoner shall,
as required by subdivision (a) of Section 1208, operate pursuant to a
contract with the city, county, or city and county, as appropriate.
(b) (1) Each contract shall include, but not be limited to, a
provision whereby the private agency or entity agrees to operate in
compliance with all appropriate state and local building, zoning,
health, safety, and fire statutes, ordinances, and regulations, and
with the minimum jail standards established by regulations adopted by
the Board of Corrections, as set forth in Subchapter 4 (commencing
with Section 1000) of Chapter 1 of Division 1 of Title 15 of the
California Code of Regulations.
(2) The private agency or entity shall select and train its
personnel in accordance with selection and training requirements
adopted by the Board of Corrections as set forth in Subchapter 1
(commencing with Section 100) of Chapter 1 of Division 1 of Title 15
of the California Code of Regulations.
(3) The failure of a privately operated local detention facility
to comply with the appropriate health, safety, and fire laws, or with
the minimum jail standards adopted by the Board of Corrections, may
constitute grounds for the termination of the contract.
(c) Upon the discovery of a failure of a privately operated local
detention facility to comply with the requirements of subdivision
(b), the local governmental entity shall notify the director of the
facility that sanctions shall be applied or the contract shall be
canceled if the specified deficiencies are not corrected within 60
days.
(a) There is hereby established within the Board of State and
Community Corrections the California Juvenile Justice Data Working
Group. The purpose of the working group is to recommend options for
coordinating and modernizing the juvenile justice data systems and
reports that are developed and maintained by state and county
agencies.
(b) (1) The working group shall include representatives from each
of the following:
(A) The Department of Justice.
(B) The Board of State and Community Corrections.
(C) The Division of Juvenile Justice within the Department of
Corrections and Rehabilitation.
(D) The Chief Probation Officers of California.
(E) The Judicial Council.
(F) The California State Association of Counties.
(G) Any other representatives that are deemed appropriate by the
board.
(2) Members of the working group shall include persons that have
experience or expertise related to the California juvenile justice
system or the design and implementation of juvenile justice data
systems, or both.
(c) (1) The working group shall analyze the capacities and
limitations of the data systems and networks used to collect and
report state and local juvenile caseload and outcome data. The
analysis shall include all of the following:
(A) A review of the relevant data systems, studies, or models from
California and other states having elements worthy of replication in
California.
(B) Identify changes or upgrades to improve the capacity and
utility of juvenile justice caseload and outcome data in California,
including changes to support the gathering of juvenile justice
outcome and recidivism information, and changes to improve
performance outcome measurements for state-local juvenile justice
grant programs.
(2) No later than January 1, 2016, the working group shall prepare
and submit a report to the Legislature on the options for improving
interagency coordination, modernization, and upgrading of state and
local juvenile justice data and information systems. The report shall
include, but not be limited to, all of the following:
(A) The additional collection and reporting responsibilities for
agencies, departments, or providers that would be affected.
(B) Recommendations for the creation of a Web-based statewide
clearinghouse or information center that would make relevant juvenile
justice information on operations, caseloads, dispositions, and
outcomes available in a user-friendly, query-based format for
stakeholders and members of the public.
(C) An assessment of the feasibility of implementing the
responsibilities identified in subparagraph (A) and the
recommendations developed pursuant to subparagraph (B).
(3) The working group shall also recommend a plan for improving
the current juvenile justice reporting requirements of Section 1961
of the Welfare and Institutions Code and Section 30061 of the
Government Code, including streamlining and consolidating current
requirements without sacrificing meaningful data collection. The
working group shall submit its recommendations to the Board of State
and Community Corrections no later than April 30, 2015.
(d) (1) The requirement for submitting a report imposed under
subdivision (c) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
(2) A report submitted to the Legislature pursuant to subdivision
(c) shall be submitted in compliance with Section 9795 of the
Government Code.