BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
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SB 188 ( Liu)
As amended March 11, 2013
Hearing date: April 2, 2013
Penal Code, Public Resources Code
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CONSERVATION CAMPS
HISTORY
Source: Los Angeles Sheriff's Department
Prior Legislation: ABX-1 17 (Bloomenfield) - Chap. 12, Stats. of
2011
Support: California Public Defenders Association; American Civil
Liberties Union of California; California Attorneys for
Criminal Justice
Opposition:None known
KEY ISSUES
SHOULD COUNTIES BE AUTHORIZED TO OPERATE CONSERVATION CAMPS FOR
COUNTY JAIL INMATES IN THE SAME MANNER THAT THEY ARE AUTHORIZED TO
OPERATE INDUSTRIAL ROAD CAMPS AND INDUSTRIAL FARMS, AS PART OF THE
COUNTY JAIL OR SEPARATE FROM THE JAIL?
SHOULD COUNTIES BE AUTHORIZED TO OPERATE SEPARATE CONSERVATION CAMPS
FOR MALE AND FEMALE COUNTY JAIL PRISONERS?
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SHOULD COUNTY JAIL INMATES ASSIGNED TO A COUNTY CONSERVATION CAMP
EARN TWO DAYS SENTENCE REDUCTION FOR EACH DAY WORKED?
PURPOSE
The purpose of this bill is to (1) authorize counties to operate
conservation camps for county jail inmates in the same manner
that they are authorized to operate industrial road camps, and
industrial farms, as part of the county jail or separate from
the jail; (2) authorize counties to operate separate
conservation camps for male and female county jail prisoners;
and (3) provide that county jail inmates assigned to a county
conservation camp would earn two days sentence reduction for
each day worked.
Current law creates 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. Inmates and wards assigned to such camps are
required to perform public conservation projects including, but
not limited to, forest fire prevention and control, forest and
watershed management, recreation, fish and game management, soil
conservation and forest and watershed revegetation.
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 Camps. 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 such contracts
as may be necessary. (Public Resources Code � 4951.)
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Current law provides that the department of Corrections and
Rehabilitation (CDCR) shall utilize inmates and wards assigned
to conservation camps in performing fire prevention, fire
control, and other work of the department. At its discretion,
the department may enter into contracts or cooperative
agreements with a public agency, local, state, or federal, or
with a qualified nonprofit organization, as specified, 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
director. All these contracts are subject to the approval of the
director and the Director of General Services. (Public
Resources Code � 4953.)
Current law provides that state prison inmates and wards may be
assigned to perform public conservation projects, including, but
not limited to, forest fire prevention and control, forest and
watershed management, recreational area development, fish and
game management, soil conservation, and forest watershed
revegetation. (Penal Code � 6202.)
Current law provides that the Sierra Conservation Center shall
be located in the Tuolumne area of California. The North Coast
Conservation Center shall be located in the North Coast area of
California. The Southern Conservation Center shall be located on
the grounds of the California Institution for Men at Chino. The
director may establish such branches of the conservation centers
as may be necessary. (Penal Code � 6203.)
Current law provides that the supervision, management, and
control of the conservation centers and the responsibility for
the care, custody, treatment, training, discipline, and
employment of persons confined therein or in branches thereof or
in permanent, temporary, and mobile camps operating therefrom
are vested in the Director of Corrections. (Penal Code � 6206.)
Current law allows local government to require persons
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imprisoned for violation of an ordinance to labor on public
property or works within the city. (Government Code � 36904.)
Current law states that any department, division, bureau,
commission or other agency of the State of California or the
Federal Government may use or cause to be used convicts confined
in the state prisons to perform work necessary and proper to be
done by them at permanent, temporary, and mobile camps to be
established under this article. The director may enter into
contracts for the purposes of this article. (Penal Code � 2780.)
Current law provides that the Director of Corrections shall
determine which prisoners shall be eligible for employment under
Section 2780, and shall establish and modify lists of prisoners
eligible for such employment. Upon the requisition of an agency
mentioned in Section 2780, the Director of Corrections 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 employment and are available. The director
may return to prison any prisoner transferred to camp pursuant
to this section, when the need for such prisoner's labor has
ceased or when the prisoner is guilty of any violation of the
rules and regulations of the prison or camp. (Penal Code �
2781.)
Current law provides that a county board of supervisors may
contract with the United States or the State of California, or
any department or agency thereof, for the performance of work
and labor by any person in custody on any county industrial farm
or industrial road camp or confined in the county jail or branch
thereof under a final judgment of imprisonment rendered in a
criminal action or proceeding or as a condition of probation in
the suppression of fires within and upon the national forests,
state parks, or other lands of the United States or the State of
California, or within and upon such other lands, of whatever
ownership, contiguous to, or adjacent to said state or federal
lands, the suppression of fires upon which other lands affords
fire protection to said state or federal lands. Such payments as
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may be so contracted for and to be paid by the United States or
by the State of California for the work and labor so performed
by any person so in custody may, by order of the board of
supervisors, be credited in full or in part, and upon such terms
and conditions as the board shall determine, to any such person
so in custody and performing such work and labor, and all in
addition to those credits hereinbefore provided in Section 4125
of this code. (Penal Code � 4125.1.)
Current law provides that, with regard to county jail inmates,
including inmates serving felony sentences under section
1170(h), assigned to a county jail, industrial farm, or road
camp, for each four-day period in which a prisoner is confined
in or committed to such a facility, one day shall be deducted
from his or her sentence unless the prisoner has refused to
perform labor as assigned by the sheriff, chief of police, or
superintendent of an industrial farm or road camp. Additionally,
for each four-day period in which a prisoner is confined in or
committed to such a facility, one day shall be deducted from his
or her sentence unless the prisoner has not satisfactorily
complied with the reasonable rules and regulations established
by the sheriff, chief of police, or superintendent of an
industrial farm or road camp. (Penal Code � 4019.)
Current law provides that any inmate sentenced to county jail
assigned to a conservation camp by a sheriff 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. (Penal Code � 4019.2(a).)
Current law provides any 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. (Penal Code � 4019.2(b).)
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Current law provides inmates who have successfully completed
training for firefighter assignments shall receive a credit
reduction from his or her term of confinement. (Penal Code �
4019.2(c).)
This bill would authorize counties to operate conservation camps
for county jail inmates in the same manner that they are
authorized to operate industrial road camps and industrial
farms, as part of the county jail or separate from the jail.
This bill would authorize counties to operate separate
conservation camps for male and female county jail prisoners.
This bill would provide that county jail inmates assigned to a
county conservation camp would earn two days sentence reduction
for each day worked.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
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reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order to reduce the state's prison population to
137.5 percent of design capacity. The State submitted in part
that the, ". . . population in the State's 33 prisons has been
reduced by over 24,000 inmates since October 2011 when public
safety realignment went into effect, by more than 36,000 inmates
compared to the 2008 population . . . , and by nearly 42,000
inmates since 2006 . . . ." Plaintiffs, who oppose the state's
motion, argue in part that, "California prisons, which currently
average 150% of capacity, and reach as high as 185% of capacity
at one prison, continue to deliver health care that is
constitutionally deficient."
In an order dated January 29, 2013, the federal court granted
the state a six-month extension to achieve the 137.5 % prisoner
population cap by December 31st of this year.
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unsettled. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error; whether a measure proposes
penalties which are proportionate, and cannot be achieved
through any other reasonably appropriate remedy; and
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whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
This bill will let County Sheriff's Departments create
custody vocational training through local conservation
camps. Low-risk inmates assigned to these programs
could clear brush around county facilities, assist at
county-operated animal shelters, and complete other
projects. Inmates would receive work credit and gain
employment skills.
California has a long and successful history with the
California Conservation Camp program for eligible
state prison inmates. Low-risk, nonviolent inmates
help the Department of Forestry and Fire Protection
fight forest and brush fires, clean up after blazes
and restore burned areas. Conservation camp inmates
can also work on related projects, such as replanting
trees and vegetation in fire areas to prevent
landslides and flooding. Inmates earn job skills and
are less likely to become repeat offenders if they can
find employment after being released from custody.
In 2011, the state enacted several bills to "realign"
to county governments the responsibility for certain
low-level offenders, parolees, and parole violators.
These changes will result in significant reductions in
the inmate and parole populations managed by the
California Department of Corrections and
Rehabilitation (CDCR).
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Current state law lets counties establish "industrial
farm" or "industrial road camps," where inmates are
held in custody and work at the farm or camp. However,
counties are currently not authorized to create a
conservation camp program, where inmates already in
jail could clear brush or weeds around county
buildings, work in county equipment shops to gain jobs
skills, or perform related tasks.
As County Sheriff's Departments take responsibility
for additional inmates, officials in some counties
might want the authority to create these programs.
SB 188 authorizes counties to create conservation camp
programs, to be operated by the county Sheriff's
Department. Inmates will receive two days of credit
for every day served at the camps, which will provide
incentives for prisoners to participate in the work
program and help then re-enter society with jobs
skills and experience.
Separate conservation camps could be created for
female inmates.
2. Effect of This Bill
Under current law the state Department of Corrections and
Rehabilitation (CDCR) is authorized to create "conservation
camps" to allow state prison inmates to perform public
conservation projects such as forest fire prevention and
control, forest and watershed management, recreation, fish
and game management, and soil conservation and forest and
watershed revegetation. (Public Resources Code � 4951.)
While performing vital services for the state, these
inmates also learn skills that can help them find work when
they leave prison, reducing their chances of reoffending
and returning to prison. As an incentive to take part in
these programs, eligible inmates who are selected for and
perform work in conservation camp programs, such as
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fighting forest fires, earn 2 days credit off of their
sentence for every day they serve in the conservation camp.
(Penal Code � 4019.2.) Under current law only CDCR may
operate a Conservation camp.
Inmates in county jails may also be used for conservation
projects either through an industrial farm or road camp run
by the county or by way of a contract that the county
enters into with the state to allow jail inmates to work in
state-run conservation camps. However, when an inmate works
in a county-run industrial farm or road camp, the inmate
may earn only one day credit to be deducted from their
sentence for each day they work, while an inmate working in
a state-run conservation camp, would receive two days
credit for each day worked. (Penal Code � 4019; 4019.2.)
Public safety realignment has resulted in persons convicted of
low-level felonies serving their sentences in county custody.
This has resulted in some inmates serving significantly longer
sentences in county jail than has been the case in the past. The
realignment package of bills approved by the Legislature in 2011
provided for county jail inmates assigned to conservation camps
to receive two days sentence reduction for each day of work.
(Penal Code section 4019.2.) However, because current law does
not allow counties to operate conservation camps, the counties'
ability to utilize this provision is limited because it applies
only to those county inmates that can be assigned to a state-run
conservation camp.
This bill would authorize counties to operate conservation camps
for county jail inmates in the same manner that they are
authorized to operate industrial road camps and industrial
farms. Additionally, the bill states that 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." County inmates who are assigned to the
conservation camp would earn two days sentence reduction for
each day of work, just as county and state inmates assigned to
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state-run conservation camps do today. This would provide
counties with the ability to create a variety of programming
options for county jail inmates and to incentivize inmates to
participate in these programs by earning the same amount of
sentence reduction that inmates working in state-run
conservation camps now earn. This appears to be consistent with
the intent of the realignment legislation, which included
creation of the 2 for 1 conservation camp credit incentive for
county jail inmates.
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3. Argument in Support
The Los Angeles County Sheriff's Department (Sponsor)
states:
As a result of Realignment, county jails are now
housing long term felony prisoners who were formerly
housed in state prison. Within the state prison
system, state prisoners are allowed, by statute, to
create Conservation Camps to provide additional
credits for inmates who chose to participate in a
variety of programs.
This bill would extend that same ability for sheriffs
or county department of corrections (correctional
administrator) to create Conservation Camps. The
creation of County Jail Conservation Camps would
provide the same opportunity for county jail inmates
to receive additional credits for participating in a
variety of programs that would qualify under the
Conservation Camp umbrella.
The Los Angeles County Sheriff's Department has many
opportunities and programs for county jail inmates to
work or receive vocational training and many other
programs that would qualify under the County Jail
Conservation Camp program. This legislation would
provide for fairness and consistency between state and
county jail inmates to accrue credits for these
programs.
[P]roviding an inmate the opportunity to learn a trade
or expos[ing] the inmate to different types of work
opportunities can contribute to the inmate's ability
to be successful when released from custody. The
inmate's ability to obtain employment and not
recidivate is vastly increased.
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