BILL NUMBER: SB 700	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator La Malfa

                        FEBRUARY 18, 2011

   An act to amend Section  2807   2781  of
the Penal Code, relating to corrections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 700, as amended, La Malfa. Corrections:  Prison
Industry Authority.   prison labor: fire suppression.
 
   Existing law authorizes the Department of Corrections and
Rehabilitation to use or cause to be used prisoners of the state
prison to perform labor at permanent, temporary, and mobile camps,
including fire suppression. Existing law requires the Secretary of
the Department of Corrections and Rehabilitation to determine which
prisoners shall be eligible for employment at those camps. Existing
law also establishes conservation centers for the employment of
inmates in custody of the secretary to perform public conservation
projects, including forest fire prevention and control.  
   This bill would, if a prisoner is under consideration for
assignment to a camp to perform fire suppression, including an
assignment to perform forest fire prevention and control in a
conservation center, require the secretary to contact the local law
enforcement agency responsible for the arrest of the prisoner for the
offense for which he or she is currently serving his or her sentence
and inform the agency that it may provide the secretary additional
information regarding the background of the prisoner for
consideration by the secretary in determining the prisoner's
eligibility for that assignment, including information relating to
any other criminal activity and any mental health issues. The bill
would require the secretary to inform the agency that it has 10
business days to respond to the department and object to the
placement of the prisoner in the camp or conservation center. If the
law enforcement agency files such an objection with the department
within 10 business days, the bill would prohibit the placement of the
prisoner in the camp or conservation center.  
   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 2781 of the 
   Penal Code   is amended to read: 
   2781.   (a)     (1)    The
 Director of Corrections   Secretary of the
Department of Corrections and Rehabilitation  shall determine
which prisoners shall be eligible for employment under Section 2780,
 shall satisfy the requirements of paragraph (2), if applicable,
 and shall establish and modify lists of prisoners eligible for
 such   that  employment. Upon the
requisition of an agency mentioned in Section 2780, the 
Director of Corrections   secretary  may send to
the place and at the time designated the number of prisoners
requisitioned or such number thereof as have been determined to be
eligible for  such   that  employment and
are available. 
   (2) If a prisoner is under consideration for assignment to a camp
to perform fire suppression, including, but not limited to, an
assignment to perform fire prevention and control in a conservation
center, as described in Chapter 9 (commencing with Section 6200) of
Title 7, the secretary shall contact the local law enforcement agency
responsible for the arrest of the prisoner for the offense for which
he or she is currently serving his or her sentence and inform the
agency that it may provide the secretary additional information
regarding the background of the prisoner, including information
relating to any other criminal activity and any mental health issues,
for consideration by the secretary in determining the prisoner's
eligibility for that assignment, and inform the agency that it has 10
business days to respond to the department and object to the
placement of the prisoner in the camp or conservation center. If the
law enforcement agency files an objection to the placement with the
department within 10 business days, the prisoner shall not be placed
in the camp or conservation center.  
   The director 
    (b)     The secretary  may return to
prison any prisoner transferred to camp pursuant to this section,
when the need for  such   that  prisoner's
labor has ceased or when the prisoner is guilty of any violation of
the rules and regulations of the prison or camp. 
  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 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.