BILL NUMBER: AB 2012 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2016
AMENDED IN ASSEMBLY MARCH 14, 2016
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 Sections
4327, 4497.50, and 4497.52 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 Program.
Authority.
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, Stanislaus, Tulare, Tuolumne,
and Ventura to authorize the county sheriff or county director of
corrections to create a Jail Industry Program,
Authority, 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, Stanislaus,
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 PROGRAMS
AUTHORITY
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 Section 4325 of the Penal Code is repealed.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, Stanislaus,
Tulare, Tuolumne, and Ventura may authorize, by ordinance or
resolution, the sheriff or county director of corrections to create a
Jail Industry Program Authority within
the county jail system.
(b) The purpose of the Jail Industry Program
Authority 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
Program, Program or Jail Industry
Authority, 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.
SEC. 7. Section 4497.50 of the Penal
Code is amended to read:
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 jail industry programs Jail Industry
Authorities 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 Board of Corrections or
the Department of the Youth Authority: Board of State
and Community Corrections or the Department of Corrections and
Rehabilitation, Division of Juvenile Justice.
(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 jail industry
program Jail Industry Authority to develop new
products and adapt existing products to their needs.
(c) The Board of State and Community Corrections or the
Department of the Youth Authority of
Corrections and Rehabilitation, Division of Juvenile Justice,
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 State
and Community Corrections or the Department of the
Youth Authority. Corrections and Rehabilitation,
Division of Juvenile Justice.
SEC. 8. Section 4497.52 of the Penal
Code is amended to read:
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 jail industry program Jail Industry
Authority without the formality of obtaining bids or otherwise
complying with provisions of the Public Contract Code.
SEC. 7. SEC. 9. 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, Stanislaus, Tulare, Tuolumne, and Ventura.