Bill Text: CA SB1437 | 2023-2024 | Regular Session | Introduced
Bill Title: Department of Corrections and Rehabilitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-29 - Referred to Com. on RLS. [SB1437 Detail]
Download: California-2023-SB1437-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1437
| Introduced by Senator Skinner |
February 16, 2024 |
An act to amend Section 5002 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1437, as introduced, Skinner.
Department of Corrections and Rehabilitation.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Under existing law, the department succeeds to, and is vested with, all of the powers and duties exercised and performed by specified departments, boards, bureaus, commissions, and officers when those powers and duties are not otherwise vested by law.
This bill would make technical, nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5002 of the Penal Code is amended to read:5002.
(a) The department shall succeed(1) The Department of Penology.
(2) The State Board of Prison Directors.
(3) The Bureau of Paroles.
(4) The warden and the clerk of the San Quentin Rehabilitation Center.
(5) The warden and the clerk of the California State Prison at Folsom.
(6) The warden of and the clerk of the California Institution for Men.
(7) The California Crime Commission.
(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any
provision of law and this designation is expressly made to refer to the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, or the Board of Parole Hearings, then the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, or the Board of Parole Hearings, to whichever one the designation is made to refer, shall exercise the power or perform the duty exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).
(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to to, and shall be exercised and performed by
by, the Department of Corrections and Rehabilitation, except as may be otherwise expressly provided by law.
(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such that exercise shall be subject to the supervision and control of the Secretary of the Department of Corrections and Rehabilitation. All powers and duties not expressly vested in the wardens are transferred to to, and shall be exercised and performed by
by, the Department of Corrections and Rehabilitation. When the designation of warden is expressly made to refer to the Department of Corrections and Rehabilitation, the department shall exercise the power and perform the duty exercised or performed by the warden.
(e) The Board of Parole Hearings shall succeed to to, and is hereby vested with with, all of the powers and duties exercised and performed by the following boards when such
those powers and duties are not otherwise vested by law:
(1) The Board of Prison Terms and Paroles.
(2) The Advisory Pardon Board.
(3) The Adult Authority.
(4) The Women’s Board of Terms and Paroles.
(5) The Community Release Board.
