Report 2021-105 Recommendation 9 Responses

Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)

Recommendation #9 To: Corrections and Rehabilitation, Department of

To communicate to both the public and its officers its commitment to performing its duties in a fair and impartial manner, CDCR should formalize a policy that aligns with best practices by, at minimum, declaring that biased conduct is prohibited, describing in detail what constitutes biased conduct, and outlining key compliance mechanisms.

Annual Follow-Up Agency Response From February 2026

The Department maintains policies which prohibit and define bias-related conduct that apply uniformly across all workplace relationships and interactions involving employees, contractors, volunteers, applicants, and incarcerated and supervised persons. Any form of discriminatory, prejudicial, or biased behavior is strictly prohibited and subject to corrective or adverse action, where appropriate. Training to all employees on these policies is provided as required by law. All allegations of misconduct are thoroughly screened, referred, tracked, and investigated when appropriate as part of the Department's new staff misconduct investigation and discipline process. The Department considers this recommendation fully implemented and closed.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The department's response does not elaborate on how it addressed our observations from the previous assessment. Specifically, we determined that the policies that the department provided to us related to bias were situated within the context of its EEO program. Accordingly, we do not change our assessment of this recommendation.

Annual Follow-Up Agency Response From March 2025

The revisions to DOM have been fully completed and published effective January 1, 2024, and is identified as NCDOM 24-01.

Supporting documentation will be submitted via email as directed.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The DOM update is primarily an update to CDCR's EEO policies. Although the DOM's definition of bias acknowledges that biased conduct can occur between CDCR staff and incarcerated individuals and the DOM does prohibit such conduct, the context of any mention of bias or biased conduct in the DOM sections provided to us is the workplace relations between CDCR staff, interns, contractors, or job applicants. Remedies and processes for dealing with biased conduct are situated within the EEO complaint process.

Annual Follow-Up Agency Response From October 2024

The revisions to DOM have been fully completed and published effective January 1, 2024, and is identified as NCDOM 24-01. Supporting documentation will be submitted via email.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The DOM update is primarily an update to CDCR's EEO policies. Although the DOM's definition of bias acknowledges that biased conduct can occur between CDCR staff and incarcerated individuals and the DOM does prohibit such conduct, the context of any mention of bias or biased conduct in the DOM sections provided to us is the workplace relations between CDCR staff, interns, contractors, or job applicants. Remedies and processes for dealing with biased conduct are situated within the EEO complaint process.

Annual Follow-Up Agency Response From October 2023

Revisions to DOM are completed and under stakeholder review.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

We look forward to reviewing the revised policies when CDCR provides them for review.

1-Year Agency Response

1-Year Update: Language for multiple DOM revisions is in development and on track to be completed in May 2023. Following that, 15 stakeholder offices have been identified that will each need time for review of revisions being made to their respective sections of the DOM. Because of the number of stakeholders, RPMB's expected completion date is January 2024.

Proposed Action Plan: Develop a California Department of Corrections and Rehabilitation (CDCR) definition of bias affecting employees and the population we serve by consulting with stakeholders within CDCR and with other law enforcement agencies.

- Issue memo to all staff with dual signature from Secretary and Receiver

- Add language to applicable parts of Department Operations Manual (DOM) and California

Code of Regulations (CCR)

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

Develop a California Department of Corrections and Rehabilitation (CDCR) definition of bias affecting employees and the population we serve by consulting with stakeholders within CDCR and with other law enforcement agencies.

- Issue memo to all staff with dual signature from Secretary and Receiver

- Add language to applicable parts of Department Operations Manual (DOM) and California Code

of Regulations (CCR)

6-Month Update: The drafted memo is being circulated for review, with an estimated signature date of October 31, 2022.

With the definition of bias completed, DOM revisions will be initiated.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Develop a California Department of Corrections and Rehabilitation (CDCR) definition of bias affecting employees and the population we serve by consulting with stakeholders within CDCR and with other law enforcement agencies.

- Issue memo to all staff with dual signature from Secretary and Receiver

- Add language to applicable parts of Department Operations Manual (DOM) and California Code of Regulations (CCR)

Communication has been initiated with responsible parties within CDCR (RPMB, OPEC, Office of Legal Affairs (OLA), Office of Research (OOR), and Office of Internal Affairs (OIA). A definitive plan will be developed for implementation by October 2022.

A memo to staff will be completed by October of 2022. Language to be added to DOM will be completed by May 2023 and California Code of Regulations (CCR) (if applicable) language will be submitted.

Revisions to CCR may take additional time based upon the established processes and timelines for revisions to regulations.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2021-105

Agency responses received are posted verbatim.