Bill Text: CA SB1032 | 2009-2010 | Regular Session | Chaptered

California Senate Bill 1032 (Prior Session Legislation)

Bill Title: Corrections: audits and investigations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 484, Statutes of 2010. [SB1032 Detail]

Download: California-2009-SB1032-Chaptered.html

BILL NUMBER: SB 1032	CHAPTERED
	BILL TEXT

	CHAPTER  484
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2010
	PASSED THE SENATE  JUNE 2, 2010
	PASSED THE ASSEMBLY  AUGUST 19, 2010
	AMENDED IN SENATE  APRIL 27, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 12, 2010

   An act to amend Section 6126.5 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1032, Wright. Corrections: audits and investigations.
   Existing law establishes the Office of the Inspector General for
the purpose of conducting audits and investigations of the Department
of Corrections and Rehabilitation, as specified. Under existing law,
the Inspector General may require any employee of the department to
be interviewed on a confidential basis. Existing law provides that it
is not the purpose of these communications to address disciplinary
action or grievance procedures that may routinely occur and that if
it appears that the facts of the case could lead to punitive action,
the Inspector General shall be subject to specified provisions
governing interrogations and investigations of public safety
officers.
   This bill would include among those provisions applicable to the
Inspector General in interviewing employees of the department a
provision that makes it unlawful for any public safety department to
deny or refuse to any public safety officer the rights and
protections guaranteed to him or her concerning interrogations and
investigations, as specified.


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

  SECTION 1.  Section 6126.5 of the Penal Code is amended to read:
   6126.5.  (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 for any audit,
investigation, inspection, or contemporaneous oversight. 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) For the purpose of conducting any audit, investigation,
inspection, or contemporaneous oversight, 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 being
audited, investigated, or overseen 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.