Bill Text: CA SB1064 | 2019-2020 | Regular Session | Enrolled
Bill Title: Prisons: confidential informants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB1064 Detail]
Download: California-2019-SB1064-Enrolled.html
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Enrolled
September 04, 2020 |
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Passed
IN
Senate
August 31, 2020 |
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Passed
IN
Assembly
August 31, 2020 |
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Amended
IN
Assembly
August 25, 2020 |
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Amended
IN
Assembly
August 24, 2020 |
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Amended
IN
Senate
June 18, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1064
| Introduced by Senator Skinner |
February 18, 2020 |
An act to add Section 5016 to the Penal Code, relating to prisons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1064, Skinner.
Prisons: confidential informants.
Existing law establishes the Department of Corrections and Rehabilitation, and grants the department authority over state prison facilities. Existing law authorizes the department to prescribe and amend rules and regulations for the administration of the prisons. Existing law establishes the Board of Parole Hearings, and authorizes the board to conduct parole consideration hearings.
This bill would prohibit an employee of, or private entity under contract with, the department from finding any state prisoner guilty of a rules violation if that finding or decision is based on, or relies on, in whole or in part, any information from an in-custody confidential informant that is neither corroborated nor reliable. The bill would additionally prohibit an employee of, or private entity under contract with, the board from making a finding or decision about any state prisoner that is based on, or relies on, in whole or in part, uncorroborated allegations from an in-custody confidential informant that have not been found true following a disciplinary hearing at which the subject was provided notice,
among other requirements. The bill would require a state prisoner to receive, 10 days before these types of proceedings, a summary notice of any information provided by an in-custody confidential informant that may be used in the decision that includes, among other things, the actual or approximate date the information was provided to the department. The bill would define when information from an in-custody confidential informant is corroborated or reliable.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5016 is added to the Penal Code, to read:5016.
(a) An employee of, or private entity under contract with, the Department of Corrections and Rehabilitation shall not find any state prisoner to be guilty of a rules violation, if the finding or decision is based on, or relies on, in whole or in part, any information from an in-custody confidential informant that is neither corroborated nor reliable under paragraph (2) of subdivision (d).(b) An employee of, or private entity under contract with, the Board of Parole Hearings shall not make a finding or decision about any state prisoner that is based on, or relies on, in whole or in part, uncorroborated allegations from an in-custody confidential informant that have not been found true following a disciplinary hearing at which the subject was provided notice, an opportunity to confront nonconfidential witnesses before an impartial hearing body, a written statement of the evidence relied upon, a
written statement of the reasons for the decision, and an opportunity for appeal.
(c) At least 10 days prior to any proceeding in which a decision described in subdivision (a) or (b) is made or considered, the state prisoner shall receive a summary notice of any information provided by an in-custody confidential informant that may be used in the decision. In the case of a proceeding before the Board of Parole Hearings at which the state
prisoner has attorney representation, the state prisoner’s attorney shall also receive the same summary notice. The summary notice shall include all of the following:
(1) A detailed description of the information provided by the in-custody confidential informant.
(2) The actual or approximate date the information was provided to the department.
(3) The actual or approximate date of the events or actions referred to in the in-custody confidential informant’s
report.
(4) The names of any receiving officers or other department officials who obtained and authored the in-custody confidential informant’s report.
(5) A brief overview of investigative steps taken by the receiving officer or other department official to confirm the facts reported and the in-custody confidential informant’s personal knowledge.
(6) A statement of whether the recipient of the confidential information has knowledge of whether the in-custody confidential informant previously provided information that proved to be true and that proved to be false, including the number of times, if known.
(7) The evidence used to corroborate the information. If the
information is corroborated by another in-custody confidential informant, a summary notice pursuant to this subdivision shall also be provided with respect to the corroborating in-custody confidential informant. If corroboration is provided by a nonconfidential informant, that information shall be fully disclosed in the notice. If corroboration is provided by physical evidence, the physical evidence shall be fully disclosed in the notice and shall not be required to be returned to a state prisoner.
(8) A signed statement by
an official at the rank of Correctional Counselor III, Correctional Captain, or higher that they have made the determination required by paragraph (2) of subdivision (d).
(d) As used in this section, the following definitions apply:
(1) A “state prisoner” is any person under the jurisdiction of the department who is not on parole.
(2) Confidential information is “corroborated” if information about the same person, act, time, and place has been separately and independently provided by another in-custody confidential informant, nonconfidential informant, or physical evidence. Confidential information is corroborated through investigation or through physical evidence. Information from an in-custody confidential informant is reliable if two or more of the following criteria are met:
(A) The information provided by the
in-custody confidential informant is self-incriminating.
(B) The information provided is from nonconfidential sources.
(C) The in-custody confidential informant is the victim.
(D) The in-custody confidential informant successfully completed a polygraph examination.
(E) The sources and nature of the in-custody confidential informant’s personal knowledge of the events or actions.
(3) An “in-custody confidential informant” means a person in custody in any local, state, or federal jail, penal institution, or correctional institution, whose name and full statement has not been disclosed to the state prisoner who is the subject of the decision by the department or board.
