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ASSEMBLY BILL 3563 (AGUILAR – 1994)
CHAPTER 692, STATUTES OF 1994, AB 3563
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As enacted in 1994, Assembly Bill 3563 was a single-section bill that amended only Penal Code section 5058, relating to corrections. (See Exhibit #1) Assembly member Fred Aguiar introduced this bill on February 25, 1994 for the California Department of Corrections. (See Exhibits #1a and #3, page 2)
Assembly Bill 3563 was assigned to the Assembly Committee on Public Safety and the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #8) The fiscal ramifications of the bill were considered by the Assembly Committee on Ways and Means and the Senate Committee on Finance. (See Exhibits #2 and #5) Three amendments were made to Assembly Bill 3563. (See Exhibits #1b, #1c, #1d and #2) Subsequent to legislative approval, Governor Pete Wilson signed the bill on September 10, 1994 and it was recorded by the Secretary of State on September 21, 1994 as Chapter 692 of the Statutes of 1994. (See Exhibits #1e and #2)
The Office of Senate Floor Analyses prepared a Third Reading analysis of Assembly Bill 3563 as last amended on July 6, 1994, which stated:
This bill amends existing law (1) to delete the authority of the Director of Corrections to delay the effective date of rules and regulations; and (2) to authorize the director to adopt regulations for the administration of parole for persons who have received determinate sentences, except for those who require mental health services as a condition of parole.
This bill amends existing law to require that copies of rules and regulations shall be posted in a conspicuous place throughout each institution and mailed to all persons or organizations who request them no less than 20 days prior to the effective date.
This bill allows the Director of Corrections to adopt certain rules and regulations, subject to specified conditions but generally exempt from the provisions of the Administrative Procedure Act when they apply solely to a particular prison; certain pilot programs; short-term criteria for the placement of inmates when prisons or facilities are being opened or closed; or when a determination of imminent danger involving serious injury, illness, or death has been made.
The bill provides that the adoption of emergency rules or regulations be specifically required subject to specified modifications such as an initial effective period of 160 days, rather than 120 days.
(See Exhibit #11)