Chapter 8.2. Office Of The Inspector General of California Penal Code >> Title 7. >> Part 3. >> Chapter 8.2.
There is hereby created the independent Office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
The Inspector General may not be removed from office during that
term, except for good cause.
(a) The Inspector General shall be responsible for
contemporaneous oversight of internal affairs investigations and the
disciplinary process of the Department of Corrections and
Rehabilitation, pursuant to Section 6133 under policies to be
developed by the Inspector General.
(b) When requested by the Governor, the Senate Committee on Rules,
or the Speaker of the Assembly, the Inspector General shall review
policies, practices, and procedures of the department. The Inspector
General, under policies developed by the Inspector General, may
recommend that the Governor, the Senate Committee on Rules, or the
Speaker of the Assembly request a review of a specific departmental
policy, practice, or procedure that raises a significant correctional
issue relevant to the effectiveness of the department. When exigent
circumstances of unsafe or life threatening situations arise
involving inmates, wards, parolees, or staff, the Inspector General
may, by whatever means is most expeditious, notify the Governor,
Senate Committee on Rules, or the Speaker of the Assembly.
(c) (1) Upon completion of a review, the Inspector General shall
prepare a complete written report, which shall be held as
confidential and disclosed in confidence, along with all underlying
materials the Inspector General deems appropriate, to the requesting
entity in subdivision (b) and the appropriate law enforcement agency.
(2) The Inspector General shall also prepare a public report. When
necessary, the public report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public reports shall be
posted on the Office of the Inspector General's Internet Web site.
(d) The Inspector General shall, during the course of a review,
identify areas of full and partial compliance, or noncompliance, with
departmental policies and procedures, specify deficiencies in the
completion and documentation of processes, and recommend corrective
actions, including, but not limited to, additional training,
additional policies, or changes in policy, as well as any other
findings or recommendations that the Inspector General deems
appropriate.
(e) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(f) The Inspector General shall conduct an objective, clinically
appropriate, and metric-oriented medical inspection program to
periodically review delivery of medical care at each state prison.
(g) The Inspector General shall conduct an objective,
metric-oriented oversight and inspection program to periodically
review delivery of the reforms identified in the document released by
the Department of Corrections and Rehabilitation in April 2012,
entitled The Future of California Corrections: A Blueprint to Save
Billions of Dollars, End Federal Court Oversight, and Improve the
Prison System (the blueprint), including, but not limited to, the
following specific goals and reforms described by the blueprint:
(1) Whether the department has increased the percentage of inmates
served in rehabilitative programs to 70 percent of the department's
target population prior to their release.
(2) The establishment of an adherence to the standardized staffing
model at each institution.
(3) The establishment of an adherence to the new inmate
classification score system.
(4) The establishment of and adherence to the new prison gang
management system, including changes to the department's current
policies for identifying prison-based gang members and associates and
the use and conditions associated with the department's security
housing units.
(5) The implementation of and adherence to the Comprehensive
Housing Plan described in the blueprint.
(h) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
The Inspector General shall not hire any person known to be
directly or indirectly involved in an open internal affairs
investigation being conducted by any federal, state, or local agency.
(a) The Inspector General shall not destroy any papers or
memoranda used to support a completed review within three years after
a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(c) of Section 6126, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any review that has
not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person who has been furnished a draft copy of any report for
comment or review or any person or business entity that is
contracting with or has contracted with the Inspector General and to
the employees and former employees of that person or business entity
or the employees of any state agency or public entity that has
assisted the Inspector General in connection with duties authorized
by this chapter.
(a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation in connection
with duties authorized by this chapter. Any officer or employee of
any agency or entity having these records or property in his or her
possession or under his or her control shall permit access to, and
examination and reproduction thereof consistent with the provisions
of this section, upon the request of the Inspector General or his or
her authorized representative.
(b) In connection with duties authorized by this chapter, the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity to the same extent that employees or officers of that
agency or public entity have access. No provision of law or any
memorandum of understanding or any other agreement entered into
between the employing entity and the employee or the employee's
representative providing for the confidentiality or privilege of any
records or property shall prevent disclosure pursuant to subdivision
(a). Access, examination, and reproduction consistent with the
provisions of this section shall not result in the waiver of any
confidentiality or privilege regarding any records or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
(a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) (1) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
(2) Within 90 days of submission by the Governor of those names,
the Inspector General shall advise in confidence to the Governor his
or her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. A
rule or procedure shall not be adopted that permits the disclosure to
the candidate of information from which the candidate may infer the
source, and information shall neither be disclosed to the candidate
nor be obtainable by any process that would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) A person or entity shall not be liable for any injury caused
by any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) This section shall not be construed as imposing an additional
requirement for an appointment or nomination to the position of
warden or superintendent, nor shall anything in this section be
construed as adding any additional qualifications for the position of
warden or superintendent.
The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any duties authorized by this chapter. The Inspector
General shall have authority to hire or retain counsel to provide
confidential advice. If the Attorney General has a conflict of
interest in representing the Inspector General in any litigation, the
Inspector General shall have authority to hire or retain counsel to
represent the Inspector General.
(a) In connection with duties authorized pursuant to this
chapter, the Office of the Inspector General may do any of the
following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any interview
conducted pursuant to duties authorized by this chapter.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the office. The person serving this process may
receive compensation as is allowed by the office, not to exceed the
fees prescribed by law for similar service.
(a) The superior court in the county in which any interview
is held under the direction of the Inspector General, or his or her
designee, pursuant to duties authorized by this chapter has
jurisdiction to compel the attendance of witnesses, the making of
oral or written sworn statements, and the production of papers,
books, accounts, and documents, as required by any subpoena issued by
the office.
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General, or his or her
designee, may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena. The
petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the office as named in the
subpoena, or has refused to answer questions propounded to him or her
in the course of the interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General, or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
(a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (c) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
requested pursuant to Section 6126, the Inspector General shall
initiate a review of any alleged improper governmental activity.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the review shall not be
disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation where a legally
cognizable cause of action is presented. All investigations conducted
pursuant to this section shall be performed in accordance with
Sections 6126.5 and 6127.3. The Inspector General may refer all other
matters for investigation by the appropriate employing entity,
subject to oversight by the Inspector General. In a case in which the
employing entity declines to investigate the complaint, it shall,
within 30 days of receipt of the referral by the Inspector General,
notify the Inspector General of its decision. The Inspector General
shall thereafter, conduct his or her own inquiry into the complaint.
If, after reviewing the complaint, the Inspector General determines
that a legally cognizable cause of action has not been presented by
the complaint, the Inspector General shall thereafter notify the
complaining employee and the State Personnel Board that a formal
investigation is not warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
report to the State Personnel Board, or until the complaint is
rejected or otherwise dismissed by the Inspector General or the
employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the report, together with all other underlying materials the
Inspector General determines to be relevant, to the appropriate
director or chair who shall take appropriate corrective action. In a
case in which the Inspector General determines, based on an
independent review of the investigation conducted by the employing
entity, that an employee has been subjected to acts of reprisal,
retaliation, threats, or similar acts in violation of this section,
the Inspector General shall submit a written recommendation to the
appropriate director or chair who shall take appropriate corrective
action. If the hiring authority initiates disciplinary action as
defined in Section 19570 of the Government Code, it shall provide the
subject with all materials required by law.
(2) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the report, provide written
justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the written
report, notify the Inspector General in writing as to what steps, if
any, it has taken to remedy the retaliatory conduct found to have
been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the report from the Inspector General,
and shall notify the Inspector General of the specific reasons why
the director or chair declined to invoke adverse action proceedings
against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the report, together with all other underlying materials the
Inspector General deems to be relevant, to the State Personnel Board
so that the complaining employee can request leave to file charges
against the employee found to have engaged in acts of reprisal,
retaliation, threats, or similar acts, in accordance with the
provisions of Section 19583.5 of the Government Code. If the State
Personnel Board accepts the complaint, the board shall provide the
charged and complaining parties with a copy of all relevant
materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
(a) Notwithstanding Section 10231.5 of the Government Code,
the Inspector General shall report annually to the Governor and the
Legislature a summary of its reports. The summary shall be posted on
the office's Internet Web site and otherwise made available to the
public upon its release to the Governor and the Legislature. The
summary shall include, but not be limited to, significant problems
discovered by the office, and whether recommendations the office has
made have been implemented.
(b) A report pursuant to subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
(a) The Office of the Inspector General shall be responsible
for contemporaneous public oversight of the Department of Corrections
and Rehabilitation investigations conducted by the Department of
Corrections and Rehabilitation's Office of Internal Affairs. To
facilitate oversight, the Office of the Inspector General shall have
staff physically colocated with the Department of Corrections and
Rehabilitation's Office of Internal Affairs, within a reasonable
timeframe and without any undue delays. The Office of the Inspector
General shall also be responsible for advising the public regarding
the adequacy of each investigation, and whether discipline of the
subject of the investigation is warranted. Office of the Inspector
General shall have discretion to provide public oversight of other
Department of Corrections and Rehabilitation personnel investigations
as needed.
(b) (1) The Office of the Inspector General shall issue regular
reports, no less than annually, to the Governor and the Legislature
summarizing its recommendations concerning its oversight of the
Department of Corrections and Rehabilitation allegations of internal
misconduct and use of force. The Office of the Inspector General
shall also issue regular reports, no less than semiannually,
summarizing its oversight of Office of Internal Affairs
investigations pursuant to subdivision (a). The reports shall
include, but not be limited to, all of the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the Office of the
Inspector General.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the Office of the
Inspector General's recommendations regarding the disposition in the
case and when founded, the level of discipline afforded, and the
degree to which the agency's authorities agreed with the Office of
the Inspector General recommendations regarding disposition and level
of discipline.
(D) The report of any settlement and whether the Office of the
Inspector General concurred with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form that does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's
Internet Web site and otherwise made available to the public upon
their release to the Governor and the Legislature.
There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of Health Care Services, or his or her designee.
(f) The Director of State Hospitals, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.
The California Rehabilitation Oversight Board shall meet at
least twice annually, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. Beginning January 1, 2015, the board shall examine
the department's effort to assist inmates and parolees to obtain
postrelease health care coverage. The board shall report to the
Governor and the Legislature annually, on September 15, and may
submit other reports during the year if it finds they are necessary.
The reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and the
Legislature with respect to modifications, additions, and
eliminations of rehabilitation and treatment programs. In performing
its duties, the board shall use the work products developed for the
department as a result of the provisions of the 2006 Budget Act,
including Provision 18 of Item 5225-001-0001.