Amended in Assembly April 7, 2016

Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 begin delete Section 4327 end delete begin insert Sections 4327, 4497.50, and 4497.52 end insert 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 amended, Bigelow. Jail Industry begin delete Program. end delete begin insert Authority. end insert

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, Sacramento, San Diego, San Joaquin, Sonoma, begin insert Stanislaus, end insert Tulare, Tuolumne, and Ventura to authorize the county sheriff or county director of corrections to create a Jail Industry begin delete Program, end delete begin insert Authority, end insert as specified. The bill would also make conforming changes.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Los Angeles, Sacramento, San Diego, San Joaquin, Sonoma, begin insert Stanislaus, end insert Tulare, Tuolumne, and Ventura.

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

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

SECTION 1.  

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

 

Chapter  2.5. Jail Industry begin delete Programs end delete begin insert Authority end insert

 

SEC. 2.  

Section 4325 of the Penal Code is repealed.

SEC. 3.  

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

4325.  

(a) The board of supervisors of the Counties of Los
Angeles, Sacramento, San Diego, San Joaquin, Sonoma, begin insert Stanislaus, end insert
Tulare, Tuolumne, and Ventura may authorize, by ordinance or
resolution, the sheriff or county director of corrections to create a
Jail Industry begin delete Program end delete begin insert Authority end insert within the county jail system.

(b) The purpose of the Jail Industry begin delete Program end delete begin insert Authority end insert includes
all of the following:

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

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

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

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

SEC. 4.  

Section 4326 of the Penal Code is repealed.

SEC. 5.  

Section 4327 of the Penal Code is amended to read:

4327.  

Upon the establishment of the Jail Industry begin delete Program, end delete
begin insert Program or end insert begin insert Jail Industry Authority, end insert the board of supervisors shall
establish a Jail Industries Fund, which may be a revolving fund,
for funding the operations of the program. All jail industry income
shall be deposited in, and any prisoner compensation shall be paid
to the account of the prisoner from, the Jail Industries Fund.

SEC. 6.  

Section 4329 of the Penal Code is repealed.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4497.50 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4497.50.  

In order to be eligible to receive funds derived from
the issuance of General Obligation Bonds under the County
Correctional Facility Capital Expenditure and Youth Facility Bond
Act of 1988, a county or city and county shall do all the following:

(a) In the design and planning of facilities whose construction,
reconstruction, or remodeling is financed under the County
Correctional Facility Capital Expenditure and Youth Facility Bond
Act of 1988, products for construction, renovation, equipment,
and furnishings produced and sold by the Prison Industry Authority
or local begin delete jail industry programs end delete begin insert Jail Industry Authorities end insert shall be
utilized in the plans and specifications unless the county or city
and county demonstrates either of the following to the satisfaction
of the begin delete Board of Corrections or the Department of the Youth
Authority: end delete begin insert Board of State and Community Corrections or the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice. end insert

(1) The products cannot be produced and delivered without
causing delay to the construction of the property.

(2) The products are not suitable for the facility or competitively
priced and cannot otherwise be reasonably adapted.

(b) Counties and cities and counties shall consult with the staff
of the Prison Industry Authority or local begin delete jail industry program end delete begin insert Jail
Industry Authority end insert to develop new products and adapt existing
products to their needs.

(c) The Board of begin insert State and Community end insert Corrections or the
Department begin delete of the Youth Authority end delete begin insert of Corrections and
Rehabilitation, Division of Juvenile Justice, end insert shall not enter into
any contract with any county or city and county until that county’s
or city and county’s plan for purchase from and consultation with
the Prison Industry Authority or local jail industry program is
reviewed and approved by the Board of begin insert State and Community end insert
Corrections or the Department of begin delete the Youth Authority. end delete begin insert Corrections
and Rehabilitation, Division of Juvenile Justice. end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4497.52 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4497.52.  

Notwithstanding any other provision of law, a county
or city and county may contract for the purchase of products as
specified in Section 4497.50 with the Prison Industry Authority
or local begin delete jail industry program end delete begin insert Jail Industry Authority end insert without the
formality of obtaining bids or otherwise complying with provisions
of the Public Contract Code.

begin delete SEC. 7. end delete

begin insert SEC. 9. end insert   

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique needs of the Counties of Los
Angeles, Sacramento, San Diego, San Joaquin, Sonoma, begin insert Stanislaus, end insert
Tulare, Tuolumne, and Ventura.