2009 California Government Code - Section 12838-12838.13 :: Article 14. Department Of Corrections And Rehabilitation

12838.  (a) There is hereby created in state government the
Department of Corrections and Rehabilitation, to be headed by a
secretary, who shall be appointed by the Governor, subject to Senate
confirmation, and shall serve at the pleasure of the Governor. The
Department of Corrections and Rehabilitation shall consist of Adult
Operations, Adult Programs, Juvenile Justice, the Corrections
Standards Authority, the Board of Parole Hearings, the State
Commission on Juvenile Justice, the Prison Industry Authority, and
the Prison Industry Board.
   (b) The Governor, upon recommendation of the secretary, may
appoint two undersecretaries of the Department of Corrections and
Rehabilitation, subject to Senate confirmation. The undersecretaries
shall hold office at the pleasure of the Governor. One undersecretary
shall oversee program support and the other undersecretary shall
oversee program operations for the department.
   (c) The Governor, upon recommendation of the secretary, shall
appoint three chief deputy secretaries, subject to Senate
confirmation, who shall hold office at the pleasure of the Governor.
One chief deputy secretary shall oversee adult operations, one chief
deputy secretary shall oversee adult programs, and one chief deputy
secretary shall oversee juvenile justice for the department.
   (d) The Governor, upon recommendation of the secretary, shall
appoint an assistant secretary, subject to Senate confirmation, who
shall be responsible for health care policy for the department, and
shall serve at the pleasure of the Governor.
   (e) The Governor, upon recommendation of the secretary, shall
appoint an Assistant Secretary for Victim and Survivor Rights and
Services, and an Assistant Secretary for Correctional Safety, who
shall serve at the pleasure of the Governor.

12838.1.  (a) There is hereby created within the Department of
Corrections and Rehabilitation, under the Chief Deputy Secretary for
Adult Operations, the Division of Adult Institutions and the Division
of Adult Parole Operations. Each division shall be headed by a
division chief, 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.
   (b) The Governor shall, upon recommendation of the secretary,
appoint five subordinate officers to the Chief of the Division of
Adult Institutions, subject to Senate confirmation, who shall serve
at the pleasure of the Governor. Each subordinate officer appointed
pursuant to this subdivision shall oversee an identified category of
adult institutions, one of which shall be female offender facilities.

12838.2.  There is hereby created within the Department of
Corrections and Rehabilitation, under the Chief Deputy Secretary for
Adult Programs, the Division of Community Partnerships, the Division
of Education, Vocations and Offender Programs, and the Division of
Correctional Health Care Services. Each division shall be headed by a
chief who shall be appointed by the Governor, at the recommendation
of the secretary, subject to Senate confirmation, who shall serve at
the pleasure of the Governor.

12838.3.  There is hereby created within the Department of
Corrections and Rehabilitation under the Chief Deputy Secretary for
Juvenile Justice, the Division of Juvenile Facilities, the Division
of Juvenile Programs, and the Division of Juvenile Parole Operations.
Each division shall be headed by a chief, who shall be appointed by
the Governor, at the recommendation of the secretary, subject to
Senate confirmation, who shall serve at the pleasure of the Governor.

12838.4.  The Board of Parole Hearings is hereby created. The Board
of Parole Hearings shall be comprised of 17 commissioners, who shall
be appointed by the Governor, subject to Senate confirmation, for
three-year terms. The Board of Parole Hearings hereby succeeds to,
and is vested with, all the powers, duties, responsibilities,
obligations, liabilities, and jurisdiction of the following entities,
which shall no longer exist: Board of Prison Terms, Narcotic Addict
Evaluation Authority, and Youthful Offender Parole Board. For
purposes of this article, the above entities shall be known as
"predecessor entities."

12838.5.  The Department of Corrections and Rehabilitation hereby
succeeds to, and is vested with, all the powers, functions, duties,
responsibilities, obligations, liabilities, and jurisdiction of the
following entities, which shall no longer exist: Youth and Adult
Correctional Agency, Department of Corrections, Department of the
Youth Authority, Commission on Correctional Peace Officer Standards
and Training, Board of Corrections, and State Commission on Juvenile
Justice, Crime and Delinquency Prevention. For purposes of this
article, the above entities shall be known as "predecessor entities."

12838.6.  The following entities shall be continued in existence
within the Department of Corrections and Rehabilitation and shall
retain existing functions, powers, responsibilities, and
jurisdiction, except as expressly provided otherwise: Council on
Mentally Ill Offenders, Prison Industry Authority, Prison Industry
Authority Board, California Council for Interstate Adult Offender
Supervision, and the Joint Venture Policy Advisory Board. For
purposes of this article, these shall be known as "continuing
entities."

12838.7.  (a) The Secretary of the Department of Corrections and
Rehabilitation shall serve as the Chief Executive Officer of the
Department of Corrections and Rehabilitation and shall have all of
the powers and authority which are conferred upon a head of a state
department by Chapter 2 (commencing with Section 11150) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (b) Without limiting any other powers or duties, the secretary
shall assure compliance with the terms of any state plan, memorandums
of understanding, administrative order, interagency agreements,
assurances, single state agency obligations, federal statute and
regulations, and any other form of agreement or obligation that vital
government activities rely upon, or are a condition to, the
continued receipt by the department of state or federal funds or
services. This includes, but is not limited to, the designation,
appointment, and provision of individuals, groups, and resources to
fulfill specific obligations of any agency, board, or department that
is abolished pursuant to Section 12838.4 or 12838.5.

12838.8.  All regulations adopted by the predecessor entities,
continuing entities, and any of their predecessors are expressly
continued in force. Any statute, law, rule, or regulation now in
force, or that may hereafter be enacted or adopted with reference to
the predecessor entities and any of their predecessors shall mean the
Department of Corrections and Rehabilitation. Any action concerning
these duties, responsibilities, obligations, liabilities, and
functions shall not abate but shall continue in the name of the
Department of Corrections and Rehabilitation, and the Department of
Corrections and Rehabilitation shall be substituted for the
predecessor entities and continuing entities by the court wherein the
action is pending. The substitution shall not affect the rights of
the parties to the action.

12838.9.  No contract, lease, license, or any other agreement to
which the predecessor entities, continuing entities, and any of their
predecessors are a party shall be void or voidable by reason of this
measure, but shall continue in full force and effect, with the
Department of Corrections and Rehabilitation assuming all of the
rights, obligations, and duties of the predecessor entities. That
assumption by the Department of Corrections and Rehabilitation shall
not in any way affect the rights of the parties to the contract,
lease, license, or agreement. Bonds issued by the predecessor
entities, continuing entities, and any of their predecessors on or
before July 1, 2005, shall become the indebtedness of any newly
created entity. Any ongoing obligations or responsibilities of the
predecessor entities, continuing entities, and any of their
predecessors for managing and maintaining bond issuances shall be
transferred to the newly created entity without impairment to any
security contained in the bond instrument.

12838.10.  On and after July 1, 2005, the unencumbered balance of
all money available for expenditure by the predecessor entities,
continuing entities, and any of their predecessors in carrying out
any functions transferred to the Department of Corrections and
Rehabilitation by this measure shall be made available for the
support and maintenance of the Department of Corrections and
Rehabilitation. All books, documents, records, and property of the
predecessor entities shall be transferred to the Department of
Corrections and Rehabilitation.

12838.11.  On and after July 1, 2005, positions filled by
appointment by the Governor in the predecessor entities or continuing
entities shall be transferred to the Department of Corrections and
Rehabilitation. Individuals in positions transferred pursuant to this
section shall serve at the pleasure of the Governor, unless as
otherwise expressly stated. Titles of positions transferred pursuant
to this section shall be determined by the secretary with the
approval of the Governor. Salaries of positions transferred shall
remain at the level established pursuant to law on June 30, 2005.

12838.12.  (a) Any officer or employee of the predecessor entities
who is engaged in the performance of a function specified in this
reorganization plan and who is serving in the state civil service,
other than as a temporary employee, shall be transferred to the
Department of Corrections and Rehabilitation pursuant to the
provisions of Section 19050.9.
   (b) Any officer or employee of the continuing entities who is
engaged in the performance of a function specified in this
reorganization plan and who is serving in the state civil service,
other than as a temporary employee, shall continue such status with
the continuing entity pursuant to the provisions of Section 19050.9.
   (c) The status, position, and rights of any officer or employee of
the predecessor entities shall not be affected by the transfer and
shall be retained by the person as an officer or employee of the
Department of Corrections and Rehabilitation, as the case may be,
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code),
except as to a position that is exempt from civil service.

12838.13.  This article shall become operative as of July 1, 2005.