BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2012 Hearing Date: June 21, 2016
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|Author: |Bigelow |
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|Version: |April 7, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|JRD |
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Subject: Jail Industry Authority
HISTORY
Source: L.A. County Sheriff and Tuolumne County Sheriff
Prior Legislation:SB 262 (Presley)--Chapter 1303, Statutes of
1987
Support: California Public Defenders Association; California
State Association of Counties; California State
Sheriffs' Association; Los Angeles County Board of
Supervisors; Sacramento County Sheriff's Department;
San Diego County Sheriff's Department; San Luis Obispo
County Sheriff's Office; Stanislaus County Sheriff's
Office; Tulare County Sheriff's Office; Ventura County
Sheriff's Office
Opposition:Coalition of Small & Disabled Veteran Businesses
Assembly Floor Vote: 77 - 0
PURPOSE
The purpose of this bill is to replace the authorization of the
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Jail Industry Commission with an authorization for a Jail
Industry Authority, which will have similar purposes, powers and
duties as the Prison Industry Authority, as specified.
Existing law 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. (Penal Code
§§ 4325 and 2800, et seq.; Government Code §§ 28030 and 28040.)
Existing law 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. (Penal Code § 4326.)
Existing law 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. (Penal Code § 4327.)
Existing law sunsets the provision which states that no JIC
program shall remain in existence four years after it is
established. (Penal Code §§ 4325 and 4329.)
Existing law 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. (Penal Code § 2801.)
Existing law 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
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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. (Penal Code § 2805.)
Existing law grants authority to the PIA to sell products and
services to states and local agencies. (Penal Code § 2807.)
Existing law requires the PIA to fix a price schedule for all
PIA products and services. (Penal Code § 2807.)
Existing law 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. (Penal
Code § 2807; 26 U.S.C. § 501(c)(3).)
Existing law 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. (Penal Code § 2808.)
Existing law 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. (Penal Code § 2810.)
Existing law requires the PIA to adopt and maintain a
compensation schedule for inmate employees, with no compensation
to exceed half the minimum wage as specified. (Penal Code §
2811; Labor Code § 1182.)
Existing law prohibits any person from selling products
manufactured in whole or in part by inmate labor. (Penal Code §
2812.)
Existing law authorizes the PIA to allow inmates to make and
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sell small articles of handiwork, as provided. (Penal Code §
2813.)
Existing law 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. (Penal Code §§ 2054, 2808 and 2813.5;
Vehicle Code §§ 22851.3 and 24007.5.)
Existing law allows the PIA to sell agricultural or animal
husbandry products to private persons. (Penal Code § 2814.)
Existing law allows the PIA to sell goods and services to
foreign governments, foreign corporations or individuals with
agents in foreign markets. (Penal Code § 2815.)
This bill replaces the authorization for Jail Industry
Commissions with an authorization for the Jail Industry Program.
This bill 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.
This bill states the purpose of the Jail Industry Authority
includes the following:
To develop and operate industrial, agricultural or
service enterprises or programs under the jurisdiction of
the Sheriff or Country Director of Corrections;
To create and maintain working conditions within the
enterprises as similar as possible to those in private
industry;
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To ensure prisoners have the opportunity to earn funds
and acquire work skills; and
To allow inmates to earn time credits if so authorized.
This bill eliminates the sunset provision for programs
established by any Jail Industry Commission.
This bill makes technical and conforming changes.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of
December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
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February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for Legislation
According to the author:
Many counties across the nation have realized enormous
benefits from their jail industry programs.
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Counties that operate jail authorities agree that the
programs offer one of the few win-win opportunities in
corrections. Everyone benefits from a successful industry
authority-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 employment. Every county within the
state of California should have the authority to start a
jail industries program within their jail system.
2. Effect of This Legislation
As stated above, this legislation would allow the Counties of
Los Angeles, Sacramento, San Diego, San Joaquin, Sonoma,
Stanislaus, Tulare, Tuolumne, and Ventura to create a Jail
Industry Authority within the county jail system, to:
Develop and operate industrial, agricultural, or service
enterprises or programs employing prisoners in county
correctional facilities under the jurisdiction of the
sheriff or county director of corrections.
Create and maintain working conditions within the
enterprises or programs as similar as possible to those
that prevail in private industry.
Ensure prisoners have the opportunity to work
productively and earn funds and to acquire or improve
effective work habits and occupational skills.
Allow inmates who participate in the enterprise or
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program the opportunity to earn additional time credits, if
authorized by the sheriff or county director of
corrections.
The author's office has indicated that the author will amend the
bill to add San Luis Obispo to the list of counties contained in
this legislation. Given that this legislation is permissive,
and that there will likely be numerous pieces of legislation in
coming years to expand this authority to other counties, members
may wish to consider an amendment applying the provisions of
this legislation to all counties.
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