BILL ANALYSIS Ó AB 2012 Page 1 Date of Hearing: March 29, 2016 Consultant: Matt Dean ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 2012 (Bigelow) - As Introduced February 16, 2016 SUMMARY: Replaces the authorization of the Jail Industry Commission with an authorization for a Jail Industry Program, which will have similar purposes, powers and duties as the Prison Industry Authority. Specifically, this bill: 1)Replaces the authorization for Jail Industry Commissions with an authorization for the Jail Industry Program. 2)Allows the Boards of Supervisors of the counties of Los Angeles, Sacramento, San Diego, San Joaquin, Sonoma, Tulare, Tuolumne, and Ventura to establish a Jail Industry Program. 3)States the purpose of the Jail Industry Program includes the following: a) To develop and operate industrial, agricultural or service enterprises or programs under the jurisdiction of the Sheriff or Country Director of Corrections; b) To create and maintain working conditions within the enterprises as similar as possible to those in private industry; AB 2012 Page 2 c) To ensure prisoners have the opportunity to earn funds and acquire work skills; and d) To allow inmates to earn time credits if so authorized. 4)Eliminates the sunset provision for programs established by any Jail Industry Commission. EXISTING LAW: 1)Authorizes the Boards of Supervisors of counties of the 9th or 19th class, with the concurrence of the county sheriff to establish, by ordinance, a Jail Industry Commission (JIC) for that county. The JIC, if established, shall have the same purposes, powers and duties with respect to county jails as the Prison Industry Authority (PIA) has for institutions under the jurisdiction of the Department of Corrections. (Pen. Code, §§ 4325, 2800, et seq.; Gov. Code, §§ 28030, 28040.) 2)States the JIC shall be composed of nine members, with four being appointed and serving at the pleasure of the Board of Supervisors, with three being appointed by and serving at the pleasure of the Sheriff, the Chairperson of the Board of Supervisors and the Sheriff as the ex officio Chairperson of the Commission. (Pen. Code, § 4326.) 3)Requires the Boards of Supervisors, upon establishing a JIC, to establish a Jail Industries Fund to fund the operations of the Commission, to serve as a depository for any jail industry income, and to pay compensation for prisoner participants. (Pen. Code, § 4327.) 4)Sunsets the provision which states that no JIC program shall remain in existence four years after it is established. (Pen. Code, §§ 4325, 4329.) 5)States that the purposes of the PIA are: to develop and operate industrial, agricultural and service enterprises employing prisoners under the jurisdiction of the Department of Corrections, to create and maintain working conditions as much like private industry as possible, to allow prisoners to earn funds and improve work habits and skills, and to operate AB 2012 Page 3 programs which will ultimately be self-supporting financially. (Pen. Code, § 2801.) 6)Grants the PIA: jurisdiction over the operation of all industrial, agricultural, and service operations formerly under the jurisdiction of the Correctional Industries Commission; authority to establish new industrial, agricultural and service enterprises; to initiate new vocational training programs; to assume authority over existing vocational training programs; and the power to buy and sell all equipment, supplies and materials used in the Prison Industry Authority's operations. (Pen. Code, §2805.) 7)Grants authority to the PIA to sell products and services to states and local agencies. (Pen. Code, § 2807.) 8)Requires the PIA to fix a price schedule for all PIA products and services. (Pen. Code, § 2807.) 9)Allows the PIA to sell products and services to nonprofits so long as they are 501(c)(3) organizations with a memorandum of understanding with a local education agency who provides public those products or services at no cost. (Pen. Code, § 2807, 26 U.S.C. § 501(c)(3).) 10)Gives the PIA board the same authority as the board of directors of private corporations, including but not limited to the ability to enter into contracts. (Pen. Code, § 2808.) 11)Grants the general manager of the board, with the approval of the Department of Finance, to borrow funds for operations, supply and equipment purchases, and construction and repair of facilities. (Pen. Code, § 2810.) 12)Requires the PIA to adopt and maintain a compensation schedule for inmate employees, with no compensation to exceed AB 2012 Page 4 half the minimum wage as specified. (Pen. Code, § 2811, Lab. Code, § 1182.) 13)Prohibits any person from selling products manufactured in whole or in part by inmate labor. (Pen. Code, § 2812.) 14)Authorizes the PIA to allow inmates to make and sell small articles of handiwork, as provided. (Pen. Code, § 2813.) 15)Allows the PIA to authorize inmates to rebuild or repair salvaged or abandoned vehicles, subject to the Vehicle Code, and requires the funds from these sales be deposited in the Restitution Fund. (Pen. Code, §§ 2054, 2808, 2813.5, Veh. Code, §§ 22851.3, 24007.5.) 16)Allows the PIA to sell agricultural or animal husbandry products to private persons. (Pen. Code, § 2814.) 17)Allows the PIA to sell goods and services to foreign governments, foreign corporations or individuals with agents in foreign markets. (Pen. Code, § 2815.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Many counties across the nation have realized enormous benefits from their jail industry programs. "Counties that operate jail industries agree that the programs offer one of the few win-win opportunities in corrections. Everyone benefits from a successful industry program-the jail, taxpayers, communities, families, and inmates. The public benefits both financially (the program provides services or AB 2012 Page 5 products at low or no cost, and there is less vandalism and property damage in the jail) and socially (the program increases the likelihood of inmate success upon release and reduces overcrowding). "Jail administrators and staff benefit from an improved jail environment (less tension, damage, and crowding) and are provided with a management tool both to encourage positive inmate behavior and to form a more visible and positive public image. "Inmates clearly benefit from increased work activities, experience, and, sometimes, earnings. Further, as tension, destruction, and crowding in the jail are reduced, inmates enjoy a better living environment. For some inmates, their experience in the industries program breaks a lifetime pattern of failure by helping them secure and maintain meaningful post release employment. Every county within the state of California should have the authority to start a jail industries program within their jail system." 2)Argument in Support: According to the Tuolumne County Sheriff's Office, "Assembly Bill 2012 (Jail Industries) which would allow our county to establish and manage a Jail Industries program. The National Institute of Justice defines a jail industries program as an industry that uses inmate labor to create a product or provide a service that has value for a public or private client and that compensates the inmates. "The main objective of AB 2012 is to transform County Jails into productive work places by encouraging inmates to learn skills, gain work ethic, continue good behavior and reduce idleness while providing benefits to the inmate, along with the facility, victims and community. In times of lean budgets, rising jail populations, and increasing outside intervention, a properly managed correctional industry can be of great value. "Tuolumne County, like most counties across California, has a unique industry and employer base, ours being logging and tourism. Our jail industries program must focus on work AB 2012 Page 6 skills that will give our inmates the greatest opportunity to succeed in these areas once released. Jail industries will give us the process to build and establish programs that are tailored to fit the needs of our county and the inmates housed here." 3)Argument in Opposition: According to California Attorneys for Criminal Justice, "In 1987, the Legislature approved of Penal Code § 4325 as a Pilot program and thereby, with the Governor's concurrence, established a Jail Industry Commission in counties of 9th or 19th class. (Counties containing a population of 558,000 and under 600,000 are counties of the ninth class. Counties containing a population of 200,000 and under 205,000 are counties of the 19th class.) Penal Code §4325 allows the board of supervisors of a county of the ninth class or the 19th class, with the concurrence of the sheriff of the county, to establish by ordinance or resolution, a Jail Industry Commission for that county, which commission shall have the same purposes, powers, and duties with respect to the county jail as the Prison Industry Authority has under Article 1 (commencing with Section 2800) of Chapter 6 of Title 1 with respect to institutions under the jurisdiction of the Department of Corrections. "Purposes for the Jail Industry Commission were announced as: "(a) To develop and operate industrial, agricultural, and service enterprises employing prisoners in institutions, which enterprises may be located either within those institutions or elsewhere, all as may be determined by the (Commission). "(b) To create and maintain working conditions within the enterprises as much like those which prevail in private industry as possible, to assure prisoners employed therein the opportunity to work productively, to earn funds, and to "(c) To operate a work program for prisoners which will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program, and one which will provide goods and services which are or will be used by the (local correction facility), thereby reducing the cost of its operation. AB 2012 Page 7 "CACJ sees no evidence that the Pilot Program had any of the desired beneficial effect upon local correctional facilities and inmates incarcerated in them. As such, and given recent trends towards the enlargement of the "prison industrial complex," we are more than concerned that this new and expansive law will be detrimental to the security and well-being of the people of the State of California. "AB 2012, as proposed, would repeal Section 4325 in favor of a sweeping new law where a "Jail Industry Program" with purposes similar, in some regards, to the 1987 "Pilot" program, would be authorized in certain Counties, but with one major difference. As we read the proposed law, AB 2012 would then enable the affected Counties to compel prisoners to work for the benefit of unrestricted enterprises where the products of their prison labors could then be received at a substantial discount from market prices, by persons or entities well outside of the local correctional facilities. "CACJ knows that some states have legalized for-profit prison labor; we believe that this is not something that California should enable on any scale, large or small. Experience proves that any law giving any incentive to private industry to consume prison labor or its products must be condemned in an enlightened post-Civil War society where so many examples of dehumanization that such laws enable abound. "CACJ is not opposed to vocational programs that educate and prepare prisoners for the existing job market. However, we believe that where such programs are publicly funded or otherwise economically feasible, their product should never be allowed to compete with the free market for outside goods and services. AB 2012 could very likely devaluate not only the dignity of human life, but also the free market for goods and services in communities outside the local correctional facilities that the law affects. CACJ opposes this law as being ill conceived and prone to abuse." 4)Prior Legislation: SB 262 (Presley), Chapter 1303, Statutes of 1987, authorizes the Board of Supervisors of specified counties to establish a Jail Industry Commission. REGISTERED SUPPORT / OPPOSITION: AB 2012 Page 8 Support Los Angeles County Sheriff's Department (Sponsor) Tuolumne County Sheriff's Office (Sponsor) California Public Defenders Association California State Association of Counties California State Sheriff's Association Tulare County Sheriff's Office Ventura County Sheriff's Office Opposition California Attorneys for Criminal Justice Analysis Prepared by: Matt Dean / PUB. S. / (916) 319-3744