Amended in Senate August 15, 2016

Amended in Senate June 28, 2016

Amended in Assembly April 7, 2016

Amended in Assembly March 14, 2016

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 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 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 ofbegin insert Lake,end insert Los Angeles,begin insert Madera,end insert Sacramento, San Diego, San Joaquin, San Luis Obispo, 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 ofbegin insert Lake,end insert Los Angeles,begin insert Madera,end insert Sacramento, San Diego, San Joaquin, San Luis Obispo, 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) It is the intent of the Legislature in enacting
2this act to encourage counties that establish and operate jail
3industries to provide a program that will increase the likelihood
4of inmate success upon release and to decrease recidivism by
5obtaining long-term high-paying jobs.

end insert
begin insert

6
(b) It is also the intent of the Legislature, upon the
7implementation of the jail industry program, that small businesses
8and disabled veteran businesses be provided every opportunity to
9have equal and competitive opportunities to provide goods and
10services to facilitate the operations of the county-run jail facilities.

end insert
11

begin deleteSECTION 1.end delete
12
begin insertSEC. 2.end insert  

The heading of Chapter 2.5 (commencing with Section
134325) of Title 4 of Part 3 of the Penal Code is amended to read:

14 

15Chapter  2.5. Jail Industry Authority
16

 

17

begin deleteSEC. 2.end delete
18
begin insertSEC. 3.end insert  

Section 4325 of the Penal Code is repealed.

19

begin deleteSEC. 3.end delete
20
begin insertSEC. 4.end insert  

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

21

4325.  

(a) The board of supervisors of the Counties ofbegin insert Lake,end insert
22 Los Angeles,begin insert Madera,end insert Sacramento, San Diego, San Joaquin, San
23Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura
24may authorize, by ordinance or resolution, the sheriff or county
25director of corrections to create a Jail Industry Authority within
26the county jail system.

P3    1(b) The purpose of the Jail Industry Authority includes all of
2the following:

3(1) To develop and operate industrial, agricultural, or service
4enterprises or programs employing prisoners in county correctional
5facilities under the jurisdiction of the sheriff or county director of
6corrections.

7(2) To create and maintain working conditions within the
8enterprises or programs as similar as possible to those that prevail
9in private industry.

10(3) To ensure prisoners have the opportunity to work
11productively and earn funds, if approved by the board of
12supervisors pursuant to Section 4019.3, and to acquire or improve
13effective work habits and occupational skills.

14(4) To allow inmates who participate in the enterprise or
15program the opportunity to earn additional time credits allowed
16under Section 4019.1 or 4019.4, if authorized by the sheriff or
17county director of corrections.

begin insert

18
(5) To operate a work program for inmates in county
19correctional facilities that will ultimately be self-supporting by
20generating sufficient funds from the sale of products and services
21to pay all the expenses of the program and that will provide goods
22and services that are or will be used by the county correctional
23facilities, thereby reducing the cost of its operation.

end insert
24

begin deleteSEC. 4.end delete
25
begin insertSEC. 5.end insert  

Section 4326 of the Penal Code is repealed.

26

begin deleteSEC. 5.end delete
27
begin insertSEC. 6.end insert  

Section 4327 of the Penal Code is amended to read:

28

4327.  

Upon the establishment of the Jail Industry Program or
29Jail Industry Authority, the board of supervisors shall establish a
30Jail Industries Fund, which may be a revolving fund, for funding
31the operations of the program. All jail industry income shall be
32deposited in, and any prisoner compensation shall be paid to the
33account of the prisoner from, the Jail Industries Fund.

34

begin deleteSEC. 6.end delete
35
begin insertSEC. 7.end insert  

Section 4329 of the Penal Code is repealed.

36

begin deleteSEC. 7.end delete
37
begin insertSEC. 8.end insert  

Section 4497.50 of the Penal Code is amended to read:

38

4497.50.  

In order to be eligible to receive funds derived from
39the issuance of General Obligation Bonds under the County
40Correctional Facility Capital Expenditure and Youth Facility Bond
P4    1Act of 1988, a county or city and county shall do all of the
2following:

3(a) In the design and planning of facilities whose construction,
4reconstruction, or remodeling is financed under the County
5Correctional Facility Capital Expenditure and Youth Facility Bond
6Act of 1988, products for construction, renovation, equipment,
7and furnishings produced and sold by the Prison Industry Authority
8or local Jail Industry Authorities shall be utilized in the plans and
9specifications unless the county or city and county demonstrates
10either of the following to the satisfaction of the Board of State and
11Community Corrections or the Department of Corrections and
12Rehabilitation, Division of Juvenile Justice.

13(1) The products cannot be produced and delivered without
14causing delay to the construction of the property.

15(2) The products are not suitable for the facility or competitively
16priced and cannot otherwise be reasonably adapted.

17(b) Counties and cities and counties shall consult with the staff
18of the Prison Industry Authority or local Jail Industry Authority
19to develop new products and adapt existing products to their needs.

20(c) The Board of State and Community Corrections or the
21Department of Corrections and Rehabilitation, Division of Juvenile
22Justice, shall not enter into any contract with any county or city
23and county until that county’s or city and county’s plan for
24purchase from and consultation with the Prison Industry Authority
25or local jail industry program is reviewed and approved by the
26Board of State and Community Corrections or the Department of
27Corrections and Rehabilitation, Division of Juvenile Justice.

28

begin deleteSEC. 8.end delete
29
begin insertSEC. 9.end insert  

Section 4497.52 of the Penal Code is amended to read:

30

4497.52.  

Notwithstanding any other provision of law, a county
31or city and county may contract for the purchase of products as
32specified in Section 4497.50 with the Prison Industry Authority
33or local Jail Industry Authority without the formality of obtaining
34bids or otherwise complying with provisions of the Public Contract
35Code.

36

begin deleteSEC. 9.end delete
37
begin insertSEC. 10.end insert  

The Legislature finds and declares that a special law
38is necessary and that a general law cannot be made applicable
39within the meaning of Section 16 of Article IV of the California
40Constitution because of the unique needs of the Counties ofbegin insert Lake,end insert
P5    1 Los Angeles,begin insert Madera,end insert Sacramento, San Diego, San Joaquin, San
2Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.



O

    95