BILL NUMBER: SB 842 INTRODUCED 02/23/95
FEBRUARY 23, 1995
An act to amend Sections 9144 and 15819.8 of the Government Code, and to amend Sections 999j, 4415, 5010, 6029.1, 13752, 13810, and 13881 of the Penal Code, relating to the Senate Committee on Criminal Procedure, and declaring the urgency thereof, to take effect immediately.
SB 842, as introduced, Committee on Criminal Procedure. Senate Committee on Criminal Procedure.
The Temporary Standing Rules of the Senate for the 1995-96 Regular Session set out the standing committees of the Senate and specify those areas of law assigned to each committee. The Senate Committee on Criminal Procedure is assigned bills amending the Evidence Code, the Penal Code, and statutes of a penal nature, and those bills relating to the Youth and Adult Corrections Agency. Previously, under the Temporary Standing Rules of the Senate for the 1994-95 Regular Session, these bills were assigned to the Senate Judiciary Committee.
This bill would revise various relevant statutes to reflect the current jurisdiction of the Senate Judiciary Committee and the creation of the Senate Committee on Criminal Procedure.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
SECTION 1. Section 9144 of the Government Code is amended to read:
9144. The Legislative Analyst shall prepare a judicial impact analysis, with the assistance of the Department of Finance and the Judicial Council when and as requested by the Legislative Analyst, on selected measures referred to the Senate Judiciary Committee, Senate Criminal Procedure Committee, Assembly Judiciary Committee, and Assembly Criminal Justice Committee.
The Legislative Analyst shall select for analysis, as his or her staff resources permit with no additional staff, those measures with the greatest apparent potential impact on court manpower and costs. Other measures may be analyzed as staff resources permit. The analysis of a measure shall be given to the respective committee members prior to the date on which the measure is to be heard by the committee.
The analyses required by this section shall be performed on a nine-month trial basis. Thereafter, the cost and effectiveness of this type of analysis for the specified policy committees shall be evaluated by the three respective committees.
SEC. 2. Section 15819.8 of the Government Code is amended to read:
SEC. 5. Section 5010 of the Penal Code is amended to read:
5010. (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health and welfare of inmates and that exercise equipment and programs in correctional facilities should be consistent with this purpose.
The Legislature further finds and declares that in some cases it may be beneficial to provide access to weights for therapeutic or rehabilitative reasons under a doctor's order or for certain vocational activities such as firefighting.
(b) It is the intent of the Legislature that both the Department of Corrections and the Department of the Youth Authority eliminate or restrict access to weights and weight lifting equipment where it is determined that the particular type of equipment involved or the particular prison population or inmate involved poses a safety concern both in the correctional facility and to the public upon release. In those instances where inmates are allowed access to weights and weight lifting equipment, access shall be a privilege.
As a condition of inmate access to weights and weight lifting equipment, the departments may require inmates to participate in training in the proper use of weights and weight lifting equipment that emphasizes departmental rules and safety practices that must be observed when using weights and weight lifting equipment.
The directors of the departments, or their respective designees, may restrict individual or group access to weights and weight lifting equipment as deemed necessary for the orderly operation of the correctional facility.
(c) On or before July 1, 1995, both the Department of Corrections and the Department of the Youth Authority shall adopt regulations governing inmate access to weight lifting and weight training equipment in state prison and California Youth Authority facilities, respectively. In developing these regulations, the departments shall consider each of the following:
(1) Some prisoners may utilize weight equipment to develop strength and increase body mass and size rather than for the maintenance of general health. This use of weight equipment may create a risk of harm to other inmates, correctional officers, and staff and, upon release, to law enforcement officers and the general public.
(2) The improper use of weights and weight lifting equipment may result in injuries that require costly medical attention.
(3) Access to weights and weight lifting equipment by inmates may result in the use of the equipment by inmates to attack other inmates or correctional officers.
(d) Both the Department of Corrections and the Department of
the Youth Authority shall report to the Chair of the Assembly
Committee on Public Safety and the Chair of the Senate
Judiciary Committee on Criminal Procedure on or before
July 1, 1995, regarding the regulations adopted pursuant to this
section.
SEC. 10. 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 reflect the current jurisdiction of the Senate Judiciary Committee and the creation of the Senate Committee on Criminal Procedure in relevant statutes, it is necessary that this act take effect immediately.
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