California Legislature—2015–16 Regular Session

Assembly BillNo. 2012


Introduced by Assembly Members Bigelow, Wilk, Cooper, and Jones-Sawyer

(Principal coauthor: Assembly Member Hadley)

(Coauthor: Assembly Member Santiago)

February 16, 2016


An act to amend Section 4327 of, to amend the heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of, to repeal Sections 4326 and 4329 of, and to repeal and add Section 4325 of, the Penal Code, relating to jails.

LEGISLATIVE COUNSEL’S DIGEST

AB 2012, as introduced, Bigelow. Jail Industry Program.

Existing law authorizes the board of supervisors in specified counties, as part of a pilot jail industry program not to exceed 4 years, to establish, with the concurrence of the county sheriff, a Jail Industry Commission for that county. Existing law also requires the county board of supervisors, upon the establishment of a commission, to create a Jail Industries Fund, as specified, which may be used to fund specified purposes. Existing law specifies the composition of these commissions.

This bill would repeal the authorization to create a Jail Industry Commission as a pilot program, and would instead authorize the board of supervisors of the Counties of Los Angeles, San Joaquin, Sonoma, Tuolumne, and Ventura to authorize the county sheriff or county director of corrections to create a Jail Industry Program, as specified. The bill would also make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The heading of Chapter 2.5 (commencing with
2Section 4325) of Title 4 of Part 3 of the Penal Code is amended
3to read:

4 

5Chapter  2.5. begin deletePilot end deleteJail Industry Programs
6

 

7

SEC. 2.  

Section 4325 of the Penal Code is repealed.

begin delete
8

4325.  

The board of supervisors of a county of the ninth class
9or the 19th class, as described in Sections 28030 and 28040,
10respectively, of the Government Code, or both county boards, with
11the concurrence of the sheriff of the county, may establish by
12ordinance or resolution, a Jail Industry Commission for that county,
13which commission shall have the same purposes, powers, and
14duties with respect to the county jail as the Prison Industry
15Authority has under Article 1 (commencing with Section 2800)
16of Chapter 6 of Title 1 with respect to institutions under the
17jurisdiction of the Department of Corrections. As used in this
18chapter, “commission” means a Jail Industry Commission.

end delete
19

SEC. 3.  

Section 4325 is added to the Penal Code, to read:

20

4325.  

(a) The board of supervisors of the Counties of Los
21Angeles, San Joaquin, Sonoma, Tuolumne, and Ventura may
22authorize, by ordinance or resolution, the sheriff or county director
23of corrections to create a Jail Industry Program within the county
24jail system.

25(b) The purpose of the Jail Industry Program includes all of the
26following:

27(1) To develop and operate industrial, agricultural, or service
28enterprises or programs employing prisoners in county correctional
29facilities under the jurisdiction of the sheriff or county director of
30corrections.

31(2) To create and maintain working conditions within the
32enterprises or programs as similar as possible to those that prevail
33in private industry.

34(3) To ensure prisoners have the opportunity to work
35productively and earn funds, if approved by the board of
36supervisors pursuant to Section 4019.3, and to acquire or improve
37effective work habits and occupational skills.

P3    1(4) To allow inmates who participate in the enterprise or
2program the opportunity to earn additional time credits allowed
3under Section 4019.1 or 4019.4, if authorized by the sheriff or
4county director of corrections.

5

SEC. 4.  

Section 4326 of the Penal Code is repealed.

begin delete
6

4326.  

The commission shall be composed of nine members,
7four of whom shall be appointed by, and serve at the pleasure of,
8the board of supervisors, and three of whom shall be appointed
9by, and serve at the pleasure of, the sheriff. The chairperson of the
10board of supervisors or his or her designee shall also be a member.
11The sheriff shall be ex officio chairperson of the commission.

12The board of supervisors shall provide for the compensation of
13members of the commission, and shall provide for the meetings,
14support staff, and general operations of the commission.

end delete
15

SEC. 5.  

Section 4327 of the Penal Code is amended to read:

16

4327.  

Upon the establishment of thebegin delete commission,end deletebegin insert Jail Industry
17Program,end insert
the board of supervisors shall establish a Jail Industries
18Fund, which may be a revolving fund, for funding the operations
19of thebegin delete commission.end deletebegin insert program.end insert All jail industry income shall be
20deposited in, and any prisoner compensation shall be paid to the
21account of the prisoner from, the Jail Industries Fund.

22

SEC. 6.  

Section 4329 of the Penal Code is repealed.

begin delete
23

4329.  

No commission established pursuant to Section 4325 or
24any county jail industry program conducted under the authority of
25a commission, shall remain in existence for more than four years
26from the date of its establishment.

end delete


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