BILL NUMBER: SB 700	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator La Malfa

                        FEBRUARY 18, 2011

   An act to amend Section 2807 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 700, as introduced, La Malfa. Corrections: Prison Industry
Authority.
   Existing law provides that there is in existence within the
Department of Corrections and Rehabilitation the Prison Industry
Authority under the direction of the Prison Industry Board. Under
existing law, the authority has jurisdiction over the operation of
all industrial, agricultural, and service enterprises employing
prisoners in institutions under the jurisdiction of the department
and has the power to establish new enterprises which it deems
appropriate.
   Under existing law, products made by enterprises under the
authority's jurisdiction are required to be purchased by the state or
a state agency, and may be purchased by a local agency or by a state
agency to be offered for sale to persons residing in state-operated
institutions at prices fixed by the authority.
   This bill would provide that, notwithstanding requirements imposed
on state agencies to purchase authority products, the Department of
Corrections and Rehabilitation shall not be restricted from entering
into contracts with private entities or other public agencies for
locally produced perishable goods provided at a lower price than the
price available from the authority, provided that the contract is to
provide these goods to a facility that is located in a county with a
population of 50,000 or less.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2807 of the Penal Code is amended to read:
   2807.  (a) The authority is hereby authorized and empowered to
operate industrial, agricultural, and service enterprises which will
provide products and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use.
Products may be purchased by state agencies to be offered for sale to
inmates of the department and to any other person under the care of
the state who resides in state-operated institutional facilities.
Fresh meat may be purchased by food service operations in state-owned
facilities and sold for onsite consumption.
   (b) All things authorized to be produced under subdivision (a)
shall be purchased by the state, or any agency thereof, and may be
purchased by any county, city, district, or political subdivision, or
any agency thereof, or by any state agency to offer for sale to
persons residing in state-operated institutions, at the prices fixed
by the  Prison Industry Authority   authority
 . State agencies shall make maximum utilization of these
products, and shall consult with the staff of the authority to
develop new products and adapt existing products to meet their needs.

   (c) Notwithstanding subdivision (b), the requirements imposed on
state agencies to purchase authority products, make maximum
utilization of these products, and consult with the staff of the
authority to develop new products and adapt existing products to meet
its needs shall not restrict the Department of Corrections and
Rehabilitation from entering into contracts with private entities or
other public agencies for locally produced perishable goods provided
at a lower price than the price available from the authority,
provided that the contract is to provide these goods to a facility
that is located in a county with a population of 50,000 or less.