AB 2012, as amended, Bigelow. Jail Industry 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,begin insert San Luis Obispo,end insert Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura to authorize the county sheriff or county director of corrections to create a Jail Industry 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,begin insert San Luis Obispo,end insert 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:
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
Section 4325 of the Penal Code is repealed.
Section 4325 is added to the Penal Code, to read:
(a) The board of supervisors of the Counties of Los
10Angeles, Sacramento, San Diego, San Joaquin,begin insert San Luis Obispo,end insert
11 Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura may authorize,
12by ordinance or resolution, the sheriff or county director of
13corrections to create a Jail Industry Authority within the county
14jail system.
15(b) The purpose of the Jail Industry Authority includes all of
16the following:
17(1) To develop and operate industrial, agricultural, or service
18enterprises or programs employing prisoners in county
correctional
19facilities under the jurisdiction of the sheriff or county director of
20corrections.
21(2) To create and maintain working conditions within the
22enterprises or programs as similar as possible to those that prevail
23in private industry.
24(3) To ensure prisoners have the opportunity to work
25productively and earn funds, if approved by the board of
26supervisors pursuant to Section 4019.3, and to acquire or improve
27effective 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.
Section 4326 of the Penal Code is repealed.
Section 4327 of the Penal Code is amended to read:
Upon the establishment of the Jail Industry Program or
8Jail Industry Authority, the board of supervisors shall establish a
9Jail Industries Fund, which may be a revolving fund, for funding
10the operations of the program. All jail industry income shall be
11deposited in, and any prisoner compensation shall be paid to the
12account of the prisoner from, the Jail Industries Fund.
Section 4329 of the Penal Code is repealed.
Section 4497.50 of the Penal Code is amended to read:
In order to be eligible to receive funds derived from
16the issuance of General Obligation Bonds under the County
17Correctional Facility Capital Expenditure and Youth Facility Bond
18Act of 1988, a county or city and county shall do allbegin insert ofend insert the
19following:
20(a) In the design and planning of facilities whose construction,
21reconstruction, or remodeling is financed under the County
22Correctional Facility Capital Expenditure and Youth Facility Bond
23Act of 1988, products for construction, renovation, equipment,
24and furnishings produced and sold by the Prison Industry Authority
25or
local Jail Industry Authorities shall be utilized in the plans and
26specifications unless the county or city and county demonstrates
27either of the following to the satisfaction of the Board of State and
28Community Corrections or the Department of Corrections and
29Rehabilitation, Division of Juvenile Justice.
30(1) The products cannot be produced and delivered without
31causing delay to the construction of the property.
32(2) The products are not suitable for the facility or competitively
33priced and cannot otherwise be reasonably adapted.
34(b) Counties and cities and counties shall consult with the staff
35of the Prison Industry Authority or local Jail Industry Authority
36to develop new products and adapt existing products
to their needs.
37(c) The Board of State and Community Corrections or the
38Department of Corrections and Rehabilitation, Division of Juvenile
39Justice, shall not enter into any contract with any county or city
40and county until that county’s or city and county’s plan for
P4 1purchase from and consultation with the Prison Industry Authority
2or local jail industry program is reviewed and approved by the
3Board of State and Community
Corrections or the Department of
4Corrections and Rehabilitation, Division of Juvenile Justice.
Section 4497.52 of the Penal Code is amended to read:
Notwithstanding any other provision of law, a county
7or city and county may contract for the purchase of products as
8specified in Section 4497.50 with the Prison Industry Authority
9or local Jail Industry Authority without the formality of obtaining
10bids or otherwise complying with provisions of the Public Contract
11Code.
The Legislature finds and declares that a special law
13is necessary and that a general law cannot be made applicable
14within the meaning of Section 16 of Article IV of the California
15Constitution because of the unique needs of the Counties of Los
16Angeles, Sacramento, San Diego, San Joaquin,begin insert San Luis Obispo,end insert
17 Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.
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