BILL ANALYSIS Ó AB 2012 Page 1 ASSEMBLY THIRD READING AB 2012 (Bigelow, et al.) As Amended March 14, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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. AB 2012 Page 2 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; 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. 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. AB 2012 Page 3 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. 4)Sunsets the provision which states that no JIC program shall remain in existence four years after it is established. 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 programs which will ultimately be self-supporting financially. 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. 7)Grants authority to the PIA to sell products and services to states and local agencies. 8)Requires the PIA to fix a price schedule for all PIA products and services. AB 2012 Page 4 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. 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. 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. 12)Requires the PIA to adopt and maintain a compensation schedule for inmate employees, with no compensation to exceed half the minimum wage as specified. 13)Prohibits any person from selling products manufactured in whole or in part by inmate labor. 14)Authorizes the PIA to allow inmates to make and sell small articles of handiwork, as provided. 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. 16)Allows the PIA to sell agricultural or animal husbandry products to private persons. AB 2012 Page 5 17)Allows the PIA to sell goods and services to foreign governments, foreign corporations or individuals with agents in foreign markets. FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by the Legislative Counsel. COMMENTS: 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 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 AB 2012 Page 6 employment. Every county within the state of California should have the authority to start a jail industries program within their jail system." Analysis Prepared by: Matt Dean / PUB. S. / (916) 319-3744 FN: 0002670