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Measure AB 788
Authors Quirk-Silva  
Subject Prisons: facilities for female offenders.
Relating To relating to prisons.
Title An act to amend Section 12838.1 of the Government Code, and to amend Sections 3430 and 5066 of, and to add Sections 3431 and 3432 to, the Penal Code, relating to prisons.
Last Action Dt 2025-05-23
State Amended Assembly
Status In Committee Process
Active? Y
Vote Required Majority
Appropriation No
Fiscal Committee Yes
Local Program No
Substantive Changes None
Urgency No
Tax Levy No
Leginfo Link Bill
Actions
2025-08-29     In committee: Held under submission.
2025-08-18     In committee: Referred to suspense file.
2025-07-08     From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 8). Re-referred to Com. on APPR.
2025-06-18     Referred to Com. on PUB. S.
2025-06-04     In Senate. Read first time. To Com. on RLS. for assignment.
2025-06-03     Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 1. Page 2008.)
2025-05-27     Read second time. Ordered to third reading.
2025-05-23     Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
2025-05-23     From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23).
2025-05-23     Read second time and amended. Ordered returned to second reading.
2025-04-23     In committee: Set, first hearing. Referred to suspense file.
2025-04-07     Re-referred to Com. on APPR.
2025-04-03     Read second time and amended.
2025-04-02     From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 1).
2025-03-19     In committee: Set, first hearing. Hearing canceled at the request of author.
2025-03-03     Referred to Com. on PUB. S.
2025-02-19     From printer. May be heard in committee March 21.
2025-02-18     Read first time. To print.
Keywords
Tags
Versions
Amended Assembly     2025-05-23
Amended Assembly     2025-04-03
Introduced     2025-02-18
Last Version Text
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		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Quirk-Silva</ns0:AuthorText>
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		<ns0:Title> An act to amend Section 12838.1 of the Government Code, and to amend Sections 3430 and 5066 of, and to add Sections 3431 and 3432 to, the Penal Code, relating to prisons.</ns0:Title>
		<ns0:RelatingClause>prisons</ns0:RelatingClause>
		<ns0:GeneralSubject>
			<ns0:Subject>Prisons: facilities for female offenders.</ns0:Subject>
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			<html:p>Existing law creates within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, among others, and requires each division to be headed by a director, who is appointed by the Governor, as specified. Existing law also requires the Governor to appoint 4 subordinate officers to the division, as specified. Existing law requires each subordinate officer appointed to oversee an identified category of adult institutions, one of which oversees female offender facilities.</html:p>
			<html:p>This bill would instead require the Governor to appoint 3 subordinate officers, as specified, who would oversee an identified category of male adult institutions, and one subordinate officer, as specified, who would oversee female adult institutions. The bill would create within the department, and under the
			 Undersecretary for Operations, the Division of Female Programs and Services. The bill would require the director of this division to be responsible solely for female adult institutions and community facilities housing female offenders. The bill would require the director to report to the undersecretary and to have a minimum of 5 years of experience serving a female correctional population in a custody setting. The bill would also require this new division to manage and provide oversight of adult female programs, including prisons, conservation camps, and parole and community programs and to develop gender-responsive, trauma-informed, culturally sensitive approaches to program and policy development.</html:p>
			<html:p>Existing law requires the department to
			 create a Female Offender Reform Master Plan and present it to the Legislature by a specified date. Existing law requires the department to, among other things, create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders.</html:p>
			<html:p>This bill would
			 require the department to establish the Gender Responsive Strategies Commission to develop active partnerships, involving the community, treatment experts, and related agencies, in its efforts toward gender-responsive practice. The bill would require the department to provide a report to the Legislature on the implementation of the plan, and update statistics contained in the plan, by March 1, 2026, and every 3 years thereafter. The bill would require the department to maintain the plan, including subsequent updates and reports, in consultation with the commission and others, as specified. The bill would also require the department to post the plan, any reports, and any updates to the plan to the department’s internet website.</html:p>
			<html:p> Existing law also requires the department to contract with nationally recognized gender-responsive experts in prison operational practices, staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to, among other things, conduct a staffing analysis of all current job classifications assigned to each prison that houses only females, as specified, and develop programs and training for department staff in correctional facilities.</html:p>
			<html:p>This bill would require the department, through this contract, no later than March 1, 2026, and every 3 years thereafter, to prepare and submit to the Legislature an updated staffing analysis and would require a comprehensive review of the office’s policies and practices and other aspects of women-centered
			 corrections developed to enhance safety and rehabilitative efforts, as specified. The bill would also require the training program to include training at the academy and, for those working in a female prison, 40 hours of initial training with a curriculum specifically focused on working with the population within female institutions and an 8-hour annual training thereafter. </html:p>
			<html:p>Existing law requires the secretary of the department to expand the existing prison ombudsperson program to ensure the comprehensive deployment of ombudspersons throughout the state prison system with specific focus on the maximum security institutions.</html:p>
			<html:p>This bill would instead require the Undersecretary for Operations to perform this duty and would require the undersecretary to appoint an ombudsperson solely assigned to adult female institutions.</html:p>
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		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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			<ns0:Num>SECTION 1.</ns0:Num>
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				Section 12838.1 of the 
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				 is amended to read:
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					<ns0:Num>12838.1.</ns0:Num>
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								(a)
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								There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Administration, the following divisions:
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							<html:p>
								(1)
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								The Division of Enterprise Information Services, the Division of Facility Planning, Construction, and Management, and the Division of Administrative Services. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
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							<html:p>
								(2)
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								The Division of Correctional Policy Research and Internal Oversight. This division shall be headed by a
						director, who shall be appointed by the Governor, upon recommendation of the
						secretary, who shall serve at the pleasure of the Governor.
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							<html:p>
								(b)
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								There is hereby created in the Department of Corrections and Rehabilitation, under the Undersecretary for Health Care Services, the Division of Health Care Operations and the Division of Health Care Policy and Administration. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
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							<html:p>
								(c)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, the Division of Adult Parole Operations, the Division of Female Programs and Services, and the
						Division of Rehabilitative Programs. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The Director for Female Programs and Services shall be responsible solely for female adult institutions and community facilities housing female offenders. The director shall report to the undersecretary and shall and have a minimum of five years of experience serving a female correctional population in a custody setting. This position shall have policy- and fiscal-level responsibility and decisionmaking authority and shall utilize
						existing departmental functions for services to avoid duplication of functions and responsibilities.
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							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								The Governor shall, upon recommendation of the secretary, appoint three subordinate officers, subject to Senate confirmation, who shall serve at the pleasure of the Governor. Each subordinate officer appointed pursuant to this paragraph shall oversee an identified category of male adult institutions.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The Governor shall, upon recommendation of the secretary, appoint one subordinate officer, subject to Senate confirmation, who shall serve at the pleasure of the Governor. The subordinate officer appointed pursuant to this paragraph shall oversee female adult institutions.
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							<html:p>
								(e)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Operations” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Adult Institutions.
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							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Programs” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Rehabilitative Programs.
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			<ns0:Num>SEC. 2.</ns0:Num>
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				Section 3430 of the 
				<ns0:DocName>Penal Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>3430.</ns0:Num>
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							<html:p>The Department of Corrections and Rehabilitation shall do all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Create a Female Offender Reform Master Plan, and shall present this plan to the Legislature by March 1, 2008.
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							<html:p>
								(2)
								<html:span class="EnSpace"/>
								No later than March 1, 2026, and every three years thereafter, prepare and submit a report to the Legislature on the implementation of the plan described in paragraph (1), including updated statistics contained in the plan. These reports shall be submitted in compliance with Section 9795 of the Government Code.
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								(3)
								<html:span class="EnSpace"/>
								Maintain the plan, including all subsequent
						updates and reports, in consultation with the Gender Responsive Strategies Commission and with nationally recognized experts in gender responsive prison operational practices, staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, community corrections, legal advocacy, and incarceration reform.
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							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Post the plan, any reports, and any updates to the plan to the department’s internet website.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Create policies, programs, and operational practices that are designed to ensure a safe and productive institutional environment for
						female offenders.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								Contract with nationally recognized
						gender-responsive experts in prison operational practices staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Conduct a staffing analysis of all current job classifications assigned to each prison that houses females. The department shall provide a plan to the Legislature by March 1, 2009, that incorporates those recommendations and details the changes that are needed to address any identified unmet needs of female inmates.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								No later than March 1, 2026, and every three years thereafter, the department shall prepare and submit to the Legislature the updated staffing analysis described in subparagraph
						(A). These reports shall be submitted in compliance with Section 9795 of the Government Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Develop programs and training for department staff in correctional facilities to include training at the academy and, for those working in a female prison, 40 hours of initial training with a curriculum specifically focused on working with the population within female institutions and an 8-hour annual training thereafter.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Perform a comprehensive review of office’s policies and practices
						and other aspects of women-centered corrections developed to enhance safety and rehabilitative efforts. This review should engage collaboratively with internal experts, community-based organizations, medical and mental health experts, labor, incarceration reform advocates, and national consultants on best practices to improve all aspects of operational practice and treatment, with an emphasis on sexual safety and gender-responsive, trauma-informed principles.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Create a gender-responsive female classification system.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Create a gender-responsive staffing pattern for female institutions and community-based offender beds.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								Create a needs-based case and risk management tool designed specifically for female
						offenders. This tool shall include, but not be limited to, an assessment upon intake, and annually thereafter, that gauges an inmate’s educational and vocational needs, including reading, writing, communication, and arithmetic skills, health care needs, mental health needs, substance abuse needs, and trauma-treatment needs. The initial assessment shall include projections for academic, vocational, health care, mental health, substance abuse, and trauma-treatment needs, and shall be used to determine appropriate programming and as a measure of progress in subsequent assessments of development.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								Design and implement evidence-based gender specific rehabilitative programs, including “wraparound” educational, health care, mental health, vocational, substance abuse, and trauma treatment programs that are designed to reduce female offender
						recidivism. These programs shall include, but not be limited to, educational programs that include academic preparation in the areas of verbal communication skills, reading, writing, arithmetic, and the acquisition of high school diplomas and GEDs, and vocational preparation, including counseling and training in marketable skills, and job placement information.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Build and strengthen systems of family support and family involvement during the period of the female’s incarceration.
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							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Establish a family service coordinator at each prison that houses only females.
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			<ns0:Num>SEC. 3.</ns0:Num>
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				Section 3431 is added to the 
				<ns0:DocName>Penal Code</ns0:DocName>
				, 
				<ns0:Positioning>immediately following Section 3430</ns0:Positioning>
				, to read:
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					<ns0:Num>3431.</ns0:Num>
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								(a)
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								The Division of Female Programs and Services shall do both of the following:
							</html:p>
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								(1)
								<html:span class="EnSpace"/>
								Manage and provide oversight of adult female programs, including prisons, conservation camps, and parole and community programs.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Develop gender-responsive, trauma-informed, culturally sensitive approaches to program and policy development that will improve recidivism outcomes for the adult incarcerated and paroled female offenders under the supervision of the department.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								The office shall be headed by a person who has relevant professional experience in
						planning and implementing recidivism reduction programs and services that are gender responsive and trauma informed.
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			<ns0:Num>SEC. 4.</ns0:Num>
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				Section 3432 is added to the 
				<ns0:DocName>Penal Code</ns0:DocName>
				, 
				<ns0:Positioning>immediately following Section 3431</ns0:Positioning>
				, to read:
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					<ns0:Num>3432.</ns0:Num>
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								(a)
								<html:span class="EnSpace"/>
								The department shall establish the Gender Responsive Strategies Commission to develop active partnerships, involving the community, treatment experts, and related agencies in its efforts toward gender-responsive practice.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								The commission shall be composed of representatives of community-based organizations, expert researchers, policy experts, legislators, union representatives, formerly incarcerated women, legal advocates, and incarceration reform advocates.
							</html:p>
							<html:p>
								 (c)
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								The commission shall meet quarterly and publish minutes for each meeting on the department’s internet website.
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			<ns0:Num>SEC. 5.</ns0:Num>
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				Section 5066 of the 
				<ns0:DocName>Penal Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>5066.</ns0:Num>
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						<ns0:Content>
							<html:p>The Undersecretary for Operations shall expand the existing prison ombudsperson program to ensure the comprehensive deployment of ombudspersons throughout the state prison system with specific focus on the maximum security institutions. The Undersecretary for Operations shall appoint an ombudsperson solely assigned to adult female institutions.</html:p>
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Last Version Text Digest Existing law creates within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, among others, and requires each division to be headed by a director, who is appointed by the Governor, as specified. Existing law also requires the Governor to appoint 4 subordinate officers to the division, as specified. Existing law requires each subordinate officer appointed to oversee an identified category of adult institutions, one of which oversees female offender facilities. This bill would instead require the Governor to appoint 3 subordinate officers, as specified, who would oversee an identified category of male adult institutions, and one subordinate officer, as specified, who would oversee female adult institutions. The bill would create within the department, and under the Undersecretary for Operations, the Division of Female Programs and Services. The bill would require the director of this division to be responsible solely for female adult institutions and community facilities housing female offenders. The bill would require the director to report to the undersecretary and to have a minimum of 5 years of experience serving a female correctional population in a custody setting. The bill would also require this new division to manage and provide oversight of adult female programs, including prisons, conservation camps, and parole and community programs and to develop gender-responsive, trauma-informed, culturally sensitive approaches to program and policy development. Existing law requires the department to create a Female Offender Reform Master Plan and present it to the Legislature by a specified date. Existing law requires the department to, among other things, create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders. This bill would require the department to establish the Gender Responsive Strategies Commission to develop active partnerships, involving the community, treatment experts, and related agencies, in its efforts toward gender-responsive practice. The bill would require the department to provide a report to the Legislature on the implementation of the plan, and update statistics contained in the plan, by March 1, 2026, and every 3 years thereafter. The bill would require the department to maintain the plan, including subsequent updates and reports, in consultation with the commission and others, as specified. The bill would also require the department to post the plan, any reports, and any updates to the plan to the department’s internet website. Existing law also requires the department to contract with nationally recognized gender-responsive experts in prison operational practices, staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to, among other things, conduct a staffing analysis of all current job classifications assigned to each prison that houses only females, as specified, and develop programs and training for department staff in correctional facilities. This bill would require the department, through this contract, no later than March 1, 2026, and every 3 years thereafter, to prepare and submit to the Legislature an updated staffing analysis and would require a comprehensive review of the office’s policies and practices and other aspects of women-centered corrections developed to enhance safety and rehabilitative efforts, as specified. The bill would also require the training program to include training at the academy and, for those working in a female prison, 40 hours of initial training with a curriculum specifically focused on working with the population within female institutions and an 8-hour annual training thereafter. Existing law requires the secretary of the department to expand the existing prison ombudsperson program to ensure the comprehensive deployment of ombudspersons throughout the state prison system with specific focus on the maximum security institutions. This bill would instead require the Undersecretary for Operations to perform this duty and would require the undersecretary to appoint an ombudsperson solely assigned to adult female institutions.