BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2012


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          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:








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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