Labor & Employment

(1) Existing law, the California Public Employees' Pension Reform Act of 2013, establishes various limits on retirement benefits generally applicable to a public employee retirement system, as specified. Existing law requires a public employee who is a member of a public retirement system to forfeit accrued rights and benefits in the public retirement system if the individual is convicted of certain felonies, including for conduct arising out of or in the performance of their official duties, relating to salary, disability retirement, service retirement, or other benefits, or that is committed against a child, as specified. Existing law limits this forfeiture to rights and benefits earned or accrued from the earliest date of the commission of the felony. This bill would require a correctional officer or other prison staff member employed by the Department of Corrections and Rehabilitation who is a current member of a public retirement system, convicted of sexually assaulting an inmate within the prison system, to forfeit all rights and benefits in the public retirement system, as prescribed. The bill would also require a correctional officer or other prison staff member employed by the department who first becomes a member of a public retirement system on or after January 1, 2026, who is convicted of sexually assaulting an inmate within the state prison system, to forfeit all rights and benefits in the retirement system. The bill would establish procedures governing the forfeiture process, including authorizing a public retirement system to assess a public employer a reasonable amount for reimbursement of specified costs. The bill would require a public retirement system to implement these provisions in a manner that protects an innocent or former spouse and is consistent with existing law governing the division of community property. (2) Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over prisons and institutions, including, among others, the California Correctional Institution in the City of Tehachapi and the Central California Women's Facility, and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law also authorizes the secretary of the department to construct and equip suitable buildings, structures, and facilities for, among others, the California Correctional Institution in the City of Tehachapi for the confinement of males under the custody of the secretary. This bill would require the department to construct and establish one new building with 100 additional single-cell housing units at the Central California Women's Facility state prison located in the City of Chowchilla for the confinement of women under the custody of the secretary. The bill would also require the department to install fixed cameras by January 1, 2028, in all designated locations that have been ordered by the court or the Legislature, install thermal sensor cameras that track body movements in inmate bathrooms, and eliminate solo shifts for correctional officers, in women's state prison facilities. The bill would also authorize a correctional lieutenant on the site of a state prison facility to grant permission to an inmate, upon the inmate's request, to be transferred to restrictive housing.

Existing law, the California Public Employees' Pension Reform Act of 2013, requires a public employee who is convicted of any state or federal felony for conduct arising out of, or in the performance of, the public employee's official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, to forfeit all accrued rights and benefits in any public retirement system from the earliest date of the commission of the felony to the date of conviction, and prohibits the public employee from accruing further benefits in that public retirement system. Existing law defines "public employee" for purposes of these provisions to mean an officer, including one who is elected or appointed, or an employee of a public employer. Existing law also requires an elected public officer, who takes public office, or is reelected to public office, on or after January 1, 2006, and who is convicted during or after holding office of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of their official duties as an elected public officer, to forfeit all rights and benefits under, and membership in, any public retirement system in which they are a member, effective on the date of final conviction, as provided. This bill would require a public employer that is investigating a public employee for misconduct arising out of or in the performance of, the public employee's official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, to continue the investigation even if the public employee retires while under investigation, if the investigation indicates that the public employee may have committed a crime. The bill would require a public employer, if the investigation indicates that the public employee may have committed a crime, to refer the matter to the appropriate law enforcement agency, and would then authorize the public employer to close the investigation. Under the bill, if the public employee is convicted of a felony for any conduct described above, the public employee would forfeit all accrued rights and benefits in any public retirement system pursuant to the provisions governing forfeiture described above. By imposing new duties on public employers who are local governmental entities, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.