Bill Text: CA AB293 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 293 (Prior Session Legislation)

Bill Title: Prisons: inmate threats.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 195, Statutes of 2015. [AB293 Detail]

Download: California-2015-AB293-Chaptered.html

BILL NUMBER: AB 293	CHAPTERED
	BILL TEXT

	CHAPTER  195
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2015
	APPROVED BY GOVERNOR  AUGUST 13, 2015
	PASSED THE SENATE  JULY 6, 2015
	PASSED THE ASSEMBLY  JULY 9, 2015
	AMENDED IN SENATE  JUNE 25, 2015
	AMENDED IN SENATE  JUNE 1, 2015

INTRODUCED BY   Assembly Member Levine
   (Coauthor: Senator Anderson)

                        FEBRUARY 11, 2015

   An act to add Section 5004.7 to the Penal Code, relating to
prisons, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 293, Levine. Prisons: inmate threats.
   Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system. Existing law makes
it a crime to willfully threaten to commit a crime that will result
in death or great bodily injury to another person, with the specific
intent that the statement is to be taken as a threat and which, on
its face and under the circumstances in which it is made, is so
unequivocal, unconditional, immediate, and specific as to convey to
the person threatened a gravity of purpose and an immediate prospect
of execution of the threat, and thereby causes that person reasonably
to be in sustained fear for his or her own safety or for his or her
immediate family's safety.
   This bill would require the department to establish a statewide
policy on operational procedures for the handling of threats made by
inmates or wards, and threats made by family members of inmates or
wards, against department staff. The bill would require that the
policy include methods to ensure that department staff members are
advised of threats made against them by inmates, wards, or family
members of inmates or wards, and that all threats against department
staff made by inmates or wards, and their family members, are
thoroughly investigated. The bill would require an individual
institution within the department that has a more detailed policy to
make the policy accessible to every member of the staff of the
institution. The bill would require the department to provide
training on the policy developed pursuant to these provisions as part
of its existing training programs and would require the policy to be
fully implemented by July 1, 2016.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5004.7 is added to the Penal Code, to read:
   5004.7.  (a) The department shall establish a statewide policy on
operational procedures for the handling of threats made by inmates or
wards, and threats made by family members of inmates or wards,
against department staff. The policy shall include methods to ensure
that department staff members are advised of threats made against
them by inmates, wards, or family members of inmates or wards, and
shall require that all threats against department staff made by
inmates, wards, or family members of inmates or wards are thoroughly
investigated. A copy of the statewide policy shall be accessible to
members of the public upon request.
   (b) This section does not prohibit an individual institution
within the department from developing a more detailed notification
procedure for advising staff members of threats made against them. If
an individual institution has a more detailed policy, the policy
shall be accessible to every member of the staff of the institution.
   (c) The department shall provide training on the policy developed
pursuant to this section as part of its existing training programs.
   (d) The policy developed pursuant to this section shall be fully
implemented by July 1, 2016.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to increase safety in California prisons at the earliest
possible time, it is necessary that this act take effect immediately.