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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