Amended in Senate April 8, 2013

Amended in Senate March 11, 2013

Senate Bill No. 188

Introduced by Senator Liu

February 6, 2013

An act to amend Sections 4019.2, 4101, 4102, 4103, 4104, 4105, 4108, 4109, 4110, 4111, 4112, 4121, 4129, 4130, 4131, 4131.5, 4133, 4134, 4135, 4136, and 4137 of the Penal Code, and to amend Sections 4951, 4952, begin delete 4953, end delete 4956, and 4957 of, and to add Section 4959 to, the Public Resources Code, relating to conservation camps.

LEGISLATIVE COUNSEL’S DIGEST

SB 188, as amended, Liu. Conservation camps: county-operated camps.

Existing law establishes the California Conservation Camp program to provide for the training and use of the inmates and wards assigned to conservation camps in the furtherance of public conservation. Existing law requires the Department of Forestry and Fire Protection to use inmates and wards assigned to conservation camps for fire prevention, fire control, and other work of the department begin delete , and authorizes the department to enter into contracts or cooperative agreements with a public agency, local, state, or federal, or with a qualified nonprofit organization that has a demonstrated ability to plan, implement, and complete a conservation project, and that meets specified criteria as determined by the department, for the performance of other conservation projects that are appropriate for those public agencies or that nonprofit organization under policies that are required to be established by the Prison Industry Authority end delete .

This bill would authorize begin delete the department and the Department of Corrections and Rehabilitation to enter into contracts and cooperative agreements for the performance of these conservation projects, as prescribed. The bill would also authorize end delete a county sheriff or the director of the county department of corrections to utilize inmates assigned to county conservation camps in performing fire prevention, fire suppression and control, and other work as may be assigned by the sheriff or the director of the county department of corrections.

Existing law authorizes the establishment in each county of an industrial farm or industrial road camp in which prisoners are held in custody and required to work on the farm or camp, and prescribes procedures for the adoption of a resolution by a county board of supervisors before establishing such an industrial farm or road camp. Existing law authorizes the legislative body of any incorporated city to avail itself of the use of the industrial farm or road camp upon adoption of a resolution and subject to reimbursing the county for the care of the city’s prisoners.

This bill would additionally authorize the establishment in each county of a conservation camp, as defined. The bill would permit an industrial farm, industrial road camp, or conservation camp to be operated by the sheriff or the director of the county department of corrections who would be required to establish administrative rules consistent with the rules of the jail, or to be operated as an entity separate from the county jail administered by a superintendent subject to administrative rules adopted by the board of supervisors. The bill would make existing statutory provisions that govern the administration and operation of an industrial farm or industrial road camp also applicable to a conservation camp. The bill would also authorize a county to establish conservation camps for women prisoners in accordance with prescribed requirements.

Existing law specifies that any inmate sentenced to county jail who is assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration shall instead earn 2 days of credit for every one day of service.

This bill would make these provisions governing incarceration credits applicable instead to any inmate sentenced to a county jail who is assigned to a state- or county-operated conservation camp by a sheriff or the director of the county department of corrections.

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 4019.2 of the Penal Code is amended to
read:

4019.2.  

(a) Notwithstanding any other law, an inmate
sentenced to county jail who is assigned to a state- or
county-operated conservation camp by a sheriff or the director of
the county department of corrections and who is eligible to earn
one day of credit for every one day of incarceration pursuant to
Section 4019 shall instead earn two days of credit for every one
day of service.

(b) Notwithstanding any other law, an inmate who has completed
training for assignment to a conservation camp or to a state or
county facility as an inmate firefighter or who is assigned to a
county or state correctional institution as an inmate firefighter and
who is eligible to earn one day of credit for every one day of
incarceration pursuant to Section 4019 shall instead earn two days
of credit for every one day served in that assignment or after
completing that training.

(c) In addition to credits granted pursuant to subdivision (a) or
(b), inmates who have successfully completed training for
firefighter assignments shall receive a credit reduction from his or
her term of confinement.

(d) The credits authorized in subdivisions (b) and (c) shall only
apply to inmates who are eligible after October 1, 2011.

SEC. 2.  

Section 4101 of the Penal Code is amended to read:

4101.  

In each county an industrial farm, industrial road camp,
or conservation camp may be established under this article.

SEC. 3.  

Section 4102 of the Penal Code is amended to read:

4102.  

Before establishing an industrial farm, industrial road
camp, or conservation camp in a county, the board of supervisors
of the county shall adopt a resolution of its intention so to do. The
resolution shall state an amount per person per day for which
persons from incorporated cities will be maintained on an industrial
farm, industrial road camp, or conservation camp. Certified copies
of the resolution shall be forwarded by the clerk of the board of
supervisors to the clerks of all incorporated cities within the county.

SEC. 4.  

Section 4103 of the Penal Code is amended to read:

4103.  

(a) Upon receipt of the resolution as provided in Section
4102, the legislative body of any incorporated city wishing to avail
itself of the use of a proposed industrial farm, industrial road camp,
or conservation camp shall adopt a resolution setting forth the
following matters:

(1) The number of persons sentenced to imprisonment in the
jail of that city during the fiscal year last preceding the adoption
of the resolution of intention by the board of supervisors.

(2) The total number of days for which all persons were
imprisoned in the jail of the city during that fiscal year.

(3) A declaration of the desire of the city adopting the resolution
to have the prisoners of the city cared for by the county at the
industrial farm, industrial road camp, or conservation camp and
of the agreement of the city to pay the county quarterly for the
care of the prisoners of the city at the rate set forth in the resolution
of intention.

(b) A certified copy of the resolution provided for in this section
shall be forwarded to the clerk of the board of supervisors.

SEC. 5.  

Section 4104 of the Penal Code is amended to read:

4104.  

A board of supervisors that has adopted a resolution of
intention to establish an industrial farm, industrial road camp, or
conservation camp shall ascertain and enter in its minutes the
following facts:

(a) The number of persons sentenced to imprisonment in the
county jail during the fiscal year last preceding the adoption of the
resolution of intention.

(b) The total number of days for which all persons were
imprisoned in the county jail during that fiscal year.

(c) The number of persons sentenced from the superior court
of the county to any state prison upon conviction of a violation of
Section 270 or Section 270a during that fiscal year.

(d) The total number of days for which all persons sentenced
to state prison as described in subdivision (c) were imprisoned in
state prison during that fiscal year.

SEC. 6.  

Section 4105 of the Penal Code is amended to read:

4105.  

Upon ascertaining the facts provided for in Sections
4102 to 4104, inclusive, the board of supervisors may proceed to
establish an industrial farm, industrial road camp, or conservation
camp. The farm or camp may be established as part of the county
jail, and, if established, shall be operated by the sheriff or director
of the county department of corrections, or as an entity separate
from the county jail.

SEC. 7.  

Section 4108 of the Penal Code is amended to read:

4108.  

In a county in which an industrial farm, industrial road
camp, or conservation camp is established as an entity separate
from the county jail, the board of supervisors shall employ a
superintendent of that farm or camp and any other subordinate
persons as may be necessary for the proper administration of the
farm or camp and the keeping of the prisoners assigned to the farm
or camp. As part of the compensation to be agreed upon for that
superintendent and other persons, board and lodging may be
furnished.

SEC. 8.  

Section 4109 of the Penal Code is amended to read:

4109.  

In a county in which the industrial farm, industrial road
camp, or conservation camp is made a part of the county jail, the
sheriff or director of the county department of corrections shall
establish rules governing the administration of the farm or camp
consistent with the rules of the jail. In a county in which the farm
or camp is established as an entity separate from the county jail,
the board shall adopt rules governing the administration of a farm
or camp formed under the provisions of this article and discipline
at that farm or camp in furtherance of the purposes of this article,
which rules shall be enforced by the superintendent and those
subordinate to him or her.

SEC. 9.  

Section 4110 of the Penal Code is amended to read:

4110.  

If women are to be assigned to an industrial farm or
conservation camp, the board of supervisors establishing it shall
provide at the farm or camp for separate quarters for women
prisoners, or may establish a separate farm or camp for women
prisoners. This section does not impose any requirement upon a
county to confine male and female prisoners in the same or an
adjoining facility or impose any duty upon a county to establish
or maintain programs that involve the joint participation of male
and female prisoners.

SEC. 10.  

Section 4111 of the Penal Code is amended to read:

4111.  

If a separate industrial farm or conservation camp for
women prisoners is established pursuant to Section 4105, it shall
be considered a part of the industrial farm or conservation camp
of the county within the meaning of all provisions of this article,
except that only women prisoners shall be admitted to it. A woman
deputy sheriff, assistant to the director of the county department
of corrections, or superintendent of a farm or camp shall be in
immediate charge of any farm or camp established for women
prisoners only.

SEC. 11.  

Section 4112 of the Penal Code is amended to read:

4112.  

When land has been acquired and those buildings and
structures erected and improvements made as may be immediately
necessary for the carrying out of the purposes of this article or
arrangements have been made for an industrial farm, industrial
road camp, or conservation camp, the board of supervisors shall
adopt a resolution proclaiming that an industrial farm, industrial
road camp, or conservation camp has been established in the county
and designating a day on and after which persons will be admitted
to that farm or camp. Certified copies of the resolution shall be
forwarded by the clerk of the board of supervisors to each superior
court judge in the county.

SEC. 12.  

Section 4121 of the Penal Code is amended to read:

4121.  

The cost of establishing and maintaining an industrial
farm, industrial road camp, or conservation camp formed under
this article shall be paid out of the county general fund. Any
revenue derived from the farm or camp, including that received
from any city for the care of its prisoners at the farm or camp, shall
be paid into the county general fund.

SEC. 13.  

Section 4129 of the Penal Code is amended to read:

4129.  

(a) For the purpose of making the payments designated
in this article, the board of supervisors shall, by order, provide the
sheriff, director of the county department of corrections, or
superintendent with a revolving fund. Upon order of the board of
supervisors, the county auditor shall draw a warrant in favor of
the sheriff, director of the county department of corrections, or
superintendent of an industrial farm, industrial road camp, or
conservation camp and the county treasurer shall cash it. Thereafter
the superintendent shall receive from the county general fund upon
demands supported by receipts all sums paid out by him or her
under this section and shall return all sums so received to the
revolving fund.

(b) Section 29323 of the Government Code is applicable to a
revolving fund established pursuant to this section.

SEC. 14.  

Section 4130 of the Penal Code is amended to read:

4130.  

So far as practicable, those in custody on an industrial
farm shall be employed in productive labor. The products of an
industrial farm shall be used for the following purposes, in order
of priority:

(a) To maintain the prisoners and employees on that farm.

(b) To supply other county institutions in need with the farm’s
products.

(c) To supply other districts and municipal corporations in need
within the county with the farm’s products.

(d) To supply the needs of paupers, incompetents, poor and
indigent persons, and those incapacitated by age, disease, or
accident with whose relief and support the county is charged.

SEC. 15.  

Section 4131 of the Penal Code is amended to read:

4131.  

Subject to regulations adopted by the board of
supervisors, the superintendent, sheriff, or director of the county
department of corrections shall maintain discipline at an industrial
farm, industrial road camp, or conservation camp. Whenever the
superintendent, sheriff, or director of the county department of
corrections reports to the county classification committee that
assigned a prisoner to an industrial farm, industrial road camp, or
conservation camp that the prisoner refuses to abide by the rules
of, or work at, the farm or camp, the committee may make an order
transferring the prisoner to the county jail or city jail for the
unexpired term of his or her sentence, and all sums credited to the
prisoner shall be forfeited by him or her unless they have been
ordered paid to some person dependent upon him or her. Thereafter
the committee may reassign the person to the industrial farm,
industrial road camp, or conservation camp, upon recommendation
of the superintendent, sheriff, or director of the county department
of corrections of the farm or camp.

SEC. 16.  

Section 4131.5 of the Penal Code is amended to read:

4131.5.  

Every person confined in, sentenced to, or serving a
sentence in a city or county jail, industrial farm, industrial road
camp, or conservation camp in this state, who commits a battery
upon the person of any individual who is not himself or herself a
person confined or sentenced therein, is guilty of a public offense
and is punishable by imprisonment pursuant to subdivision (h) of
Section 1170, or in a county jail for not more than one year.

SEC. 17.  

Section 4133 of the Penal Code is amended to read:

4133.  

The boundary of every industrial farm, industrial road
camp, or conservation camp established under this article shall be
marked by a fence, a hedge, or some other visible line. Every
person confined at a farm or camp who escapes or attempts to
escape from that farm or camp shall upon conviction be imprisoned
in the state prison or a county jail, or assigned to an industrial farm,
industrial road camp, or conservation camp not to exceed one year.
This imprisonment or assignment shall begin at the expiration of
the imprisonment or assignment in effect at the time of the escape.

SEC. 18.  

Section 4134 of the Penal Code is amended to read:

4134.  

A board of supervisors that has established or desires to
establish an industrial farm, industrial road camp, or conservation
camp may at any time appoint an advisory board to consist of not
less than three nor more than five persons, one member of which
shall be a penologist and one member a physician.

SEC. 19.  

Section 4135 of the Penal Code is amended to read:

4135.  

The advisory board shall acquaint itself with the conduct
of the jails in the county, keep itself informed about the
administration of the industrial farm, industrial road camp, or
conservation camp and report its recommendations and suggestions
to the board of supervisors. It may visit any jail within the county,
examine the records thereof, and ascertain whether or not there
are any persons illegally committed to or detained at any jail.

The advisory board shall encourage recreational and educational
activities on the farm or camp.

SEC. 20.  

Section 4136 of the Penal Code is amended to read:

4136.  

Sections 4011, 4011.5, 4011.6, and 4011.7 are applicable
to county industrial farms, county industrial road camps, joint
county road camps, and conservation camps established pursuant
to this chapter.

SEC. 21.  

Section 4137 of the Penal Code is amended to read:

4137.  

The board of supervisors of any county in which a county
industrial farm, industrial road camp, conservation camp, or honor
camp has been established may, by ordinance, authorize the sheriff
or any such person responsible to the board for the care, treatment,
and custody of prisoners assigned to him or her as sentenced
misdemeanants or felons, serving time as a condition of probation,
to remove those prisoners from the facility to which they have
been assigned under custody, without court order, for purposes
such as: private medical, vision, or dental care, psychological care,
vocational services, educational services, and funerals.

SEC. 22.  

Section 4951 of the Public Resources Code is
amended to read:

4951.  

(a) In enacting this chapter, it is the purpose of the
Legislature to declare the existence of California Conservation
Camp programs, which include state and county conservation camp
programs, to provide for the training and use of the inmates and
wards assigned to conservation camps in the furtherance of public
conservation.

(b) It is the policy of this state to require the inmates and wards
assigned to conservation camps to perform public conservation
projects, including, but not limited to, forest and brush fire
prevention and control, forest, brush, and watershed management,
recreation, fish and game management, soil conservation, and
forest and watershed revegetation.

(c) In order to effect the maximum possible conservation and
development of natural resources for the benefit of the people of
this state, whenever reasonably possible, conservation projects of
a multiple purpose nature shall be undertaken by the California
Conservation Camp programs. The various agencies concerned
with conservation projects shall consult and advise with each other
to promote these multiple-purpose conservation projects and in
order to achieve this goal may enter into those contracts as may
be necessary.

(d) This chapter does not require a county to create or participate
in a county conservation camp program.

SEC. 23.  

Section 4952 of the Public Resources Code is
amended to read:

4952.  

As used in this chapter, “California Conservation Camps”
or “camps” means any camps now or hereafter established, as
provided by law, for the purpose of receiving prisoners committed
to the custody of the Secretary of the Department of Corrections
and Rehabilitation, the sheriff, or the director of the county
department of corrections and in which the work projects performed
by the inmates or wards are supervised by employees of either the
begin delete Department of Corrections and Rehabilitation end delete begin insert department end insert , the
board of supervisors, the sheriff, or the director of the county
corrections department in a county participating in the operation
of or operating a conservation camp program.

begin delete

SEC. 24.  

Section 4953 of the Public Resources Code is
amended to read:

4953.  

(a) The department shall utilize inmates and wards
assigned to conservation camps in performing fire prevention, fire
control, and other work of the department. At times it deems proper
and on terms it deems wise, the department and the Department
of Corrections and Rehabilitation may enter into contracts or
cooperative agreements with a public agency, local, state, or
federal, or with a qualified nonprofit organization that has a
demonstrated ability to plan, implement, and complete a
conservation project and meets other criteria, as determined by the
department, for the performance of other conservation projects
that are appropriate for those public agencies or that nonprofit
organization under policies that shall be established by the Prison
Industry Authority. The charge for the service shall be determined
by the Secretary of the Department of Corrections and
Rehabilitation. All these contracts are subject to the approval of
the director and the Director of General Services.

(b) For the purposes of this section, “nonprofit organization”
means any California corporation exempt from taxation under
Section 501(c)(3), 501(c)(4), or 501(c)(5) of the federal Internal
Revenue Code.

end delete

begin delete SEC. 25. end delete
begin insert SEC. 24. end insert   

Section 4956 of the Public Resources Code is
amended to read:

4956.  

(a) The conditions of work to be performed under
contracts or agreements entered into pursuant to Section 4953 shall
be consistent with the requirements, as determined by the Secretary
of the Department of Corrections and Rehabilitation, for
maintaining control of inmates or wards committed to his or her
respective custody.

(b) A county sheriff or the director of the county department of
corrections may utilize inmates assigned to county conservation
camps in performing fire prevention, fire suppression and control,
and other work as may be assigned by the sheriff or the director
of the county department of corrections.

begin delete SEC. 26. end delete
begin insert SEC. 25. end insert   

Section 4957 of the Public Resources Code is
amended to read:

4957.  

(a) Conservation camp inmates and wards may be
utilized in the rescue of lost or injured persons, the saving of life,
and the protection of property. The begin delete Department of Corrections and end delete
begin delete Rehabilitation end delete begin insert department end insert , a county sheriff, or the director of the
county department of corrections may cooperate with local agencies
of government to accomplish these purposes.

(b) The begin delete Department of Corrections and Rehabilitation end delete
begin insert department end insert , a county sheriff, or the director of the county
department of corrections may also, upon the request of the
appropriate local agency, utilize conservation camp inmates and
wards in the performance of watershed revegetation and related
work necessary to prevent flood damage to land resulting from the
destruction of vegetation by fire.

begin delete SEC. 27. end delete
begin insert SEC. 26. end insert   

Section 4959 is added to the Public Resources Code,
to read:

4959.  

Conservation camp inmates or wards assigned to a
California Conservation Camp that is operated by the state or that
is a county-operated conservation camp under the direction of the
county sheriff or the director of the county department of
corrections shall be required to comply with the requirements of
Section 4019.2 of the Penal Code.