BILL ANALYSIS Ó
AB 2012
Page 1
ASSEMBLY THIRD READING
AB
2012 (Bigelow, et al.)
As Amended April 7, 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 Authority,
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,
Stanislaus, Tulare, Tuolumne, and Ventura to establish a Jail
Industry Program.
AB 2012
Page 2
3)States the purpose of the Jail Industry Authority 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.
5)Makes technical and conforming changes.
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
AB 2012
Page 3
Supervisors and the Sheriff as the ex officio Chairperson of
the Commission.
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.
AB 2012
Page 4
8)Requires the PIA to fix a price schedule for all PIA products
and services.
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.
AB 2012
Page 5
16)Allows the PIA to sell agricultural or animal husbandry
products to private persons.
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,
AB 2012
Page 6
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."
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0002714