Report 2018-106 Recommendation Responses
Report 2018-106: Correctional Officer Health and Safety: Some State and County Correctional Facilities Could Better Protect Their Officers From the Health Risks of Certain Inmate Attacks (Release Date: September 2018)
Recommendation for Legislative Action
To shorten the time to submit cases of gassing attacks for prosecution, the Legislature should modify state law to provide correctional facilities the discretion to omit testing the gassing substance for the presence of a bodily fluid when the correctional facility, in consultation with its district attorney, finds that such testing is unnecessary to obtain sufficient evidence of a crime.
Description of Legislative Action
The Legislature did not take action in the 2021-2022 Legislative Session to address this specific recommendation.
However, AB 294 (Rodriguez, 2019) would have, among other things, allowed the local detention facility the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the district attorney's office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. This bill was vetoed on October 13, 2019.
- Legislative Action Current As-of: January 2023
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Proposed But Not Enacted
Description of Legislative Action
As of September 18, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: September 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of September 18, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: September 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Assembly Bill 1737 (Obernolte) was introduced on February 22, 2019, and would authorize, but not require, the testing of a gassing substance, if, in consultation with the local district attorney, that testing is necessary to obtain sufficient evidence to prosecute the offense.
- Legislative Action Current As-of: March 2019
California State Auditor's Assessment of 6-Month Status: Legislation Introduced
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: November 2018