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;
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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
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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
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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
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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
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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.
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"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
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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