BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2012 (Bigelow) - Jail Industry Authority
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: June 28, 2016 |Policy Vote: PUB. S. 7 - 0 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: No |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2012 would authorize the creation of a Jail
Industry Authority within the county jail system, as specified.
Fiscal
Impact:
Jail Industry Authority : One-time and ongoing
non-reimbursable costs potentially in excess of tens of
millions of dollars annually to establish and operate the
authority in the 10 specified counties, with ongoing operating
costs potentially offset and fully funded in future years
through Jail Industries Fund revenues. New enterprise start-up
costs (Local Funds*/General Fund**) for infrastructure,
equipment, materials, personnel, and training are likely to be
substantial.
Board of State and Community Corrections (BSCC) : Minor
ongoing costs (General Fund) to review and approve plans for
purchase from, and consultation with, the local jail industry
programs.
AB 2012 (Bigelow) Page 1 of
?
Prison Industry Authority (PIA) : Unknown impact, if any, on
the PIA, including its existing contracts with local
governments and future operating revenues.
Long-term impacts : Potential future cost savings (Local
Funds/General Fund) in jail operations, state and local agency
operating costs through the use of jail industry authority
products and services, and reduced recidivism.
Proposition 30 : Exempts the State from mandate reimbursement
for realigned responsibilities for "public safety services"
including "managing local jails and providing housing,
treatment, and services for, and supervision of, juvenile and
adult offenders," however, legislation enacted after September
30, 2012, that has an overall effect of increasing the costs
already borne by a local agency for public safety services
apply to local agencies only to the extent that the State
provides annual funding for the cost increase. The provisions
of Proposition 30 have not been interpreted through the formal
court process to date, however, to the extent the local agency
costs resulting from this measure are determined to be
applicable under the provisions of Proposition 30, could
result in the provision of funds from the State.
Proposition 47 : Staff notes the funds to be disbursed to the
BSCC under the Safe Neighborhoods and Schools Act (65% of
calculated savings) that may be used to support diversion
programs for people in the criminal justice system, with
emphasis on programs that reduce recidivism of people
convicted of less serious crimes, could potentially be used
for the purposes specified in this measure.
*Jail Industries Fund
**Proposition 30 (2012) and Proposition 47 (2014)
Background: Existing law authorizes the board of supervisors of a county
to establish by ordinance a Jail Industry Commission for that
county. The Commission, if established, is to 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 and Rehabilitation
(CDCR).
Under existing law, upon the establishment of the commission,
the board of supervisors shall establish a Jail Industries Fund,
which may be a revolving fund, for funding the operations of the
commission. All jail industry income shall be deposited in, and
AB 2012 (Bigelow) Page 2 of
?
any prisoner compensation shall be paid to the account of the
prisoner from, the Jail Industries Fund. Funds in a Jail
Industries Fund may only be used for the operation or expansion
of the jail industry program or to cover operating and
construction costs of county detention facilities, and may not
be transferred to the county general fund.
Under existing law, no jail industry commission or any county
jail industry program conducted under the authority of a
commission, shall remain in existence for more than four years
from the date of its establishment.
Proposed Law:
This bill would replace the existing authority for a county to
establish a Jail Industry Commission for that county with the
authority for the board of supervisors of the Counties of Los
Angeles, Sacramento, San Diego, San Joaquin, San Luis Obispo,
Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura, by ordinance
or resolution, to have the sheriff or county director of
corrections to create a Jail Industry Authority within the
county jail system. This bill:
Provides that the purpose of the Jail Industry Authority
includes all of the following:
o 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.
o To create and maintain working conditions
within the enterprises or programs as similar as
possible to those that prevail in private industry.
o To ensure prisoners have the opportunity to
work productively and earn funds, if approved by the
board of supervisors pursuant to Section 4019.3, and
to acquire or improve effective work habits and
occupational skills.
AB 2012 (Bigelow) Page 3 of
?
o To allow inmates who participate in the
enterprise or program the opportunity to earn
additional time credits allowed under law, if
authorized by the sheriff or county director of
corrections.
Upon the establishment of the Jail Industry Program or
Jail Industry Authority, requires the board of supervisors
to establish a Jail Industries Fund, which may be a
revolving fund, for funding the operations of the program.
All jail industry income shall be deposited in, and any
prisoner compensation shall be paid to the account of the
prisoner from, the Jail Industries Fund.
In the design and planning of facilities whose
construction, reconstruction, or remodeling is financed
under the County Correctional Facility Capital Expenditure
and Youth Facility Bond Act of 1988, products for
construction, renovation, equipment, and furnishings
produced and sold by the Prison Industry Authority or local
Jail Industry Authorities shall be utilized in the plans
and specifications unless the county or city and county
demonstrates either of the following to the satisfaction of
the BSCC or the CDCR, Division of Juvenile Justice:
o The products cannot be produced and delivered
without causing delay to the construction of the
property.
o The products are not suitable for the facility
or competitively priced and cannot otherwise be
reasonably adapted.
Requires counties and cities and counties to consult
with the staff of the Prison Industry Authority or local
Jail Industry Authority to develop new products and adapt
existing products to their needs.
AB 2012 (Bigelow) Page 4 of
?
Prohibits the BSCC or the CDCR, Division of Juvenile
Justice, from entering into any contract with any county or
city and county until that county's or city and county's
plan for purchase from and consultation with the Prison
Industry Authority or local jail industry program is
reviewed and approved by the BSCC or the CDCR, Division of
Juvenile Justice.
Declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution
because of the unique needs of the Counties of Los Angeles,
Sacramento, San Diego, San Joaquin, San Luis Obispo,
Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.
Prior
Legislation: SB 262 (Presley) Chapter 1303/1987 authorized the
board of supervisors of a county, with the concurrence of the
sheriff of the county, to establish by ordinance or resolution,
a Jail Industry Commission for that county, to have the same
purposes, powers, and duties with respect to the county jail as
the Prison Industry Authority with respect to institutions under
the jurisdiction of the CDCR.
Staff Comments: According to the CDCR, the Prison Industry
Authority (PIA) does not anticipate a fiscal impact associated
with this bill. However, staff notes that by creating an
authority akin to the state's PIA, this bill could, depending on
the types of services and products developed and offered through
the JIA, compliment or compete with PIA programs, which could
have an unknown impact on future PIA operating revenues.
This bill could increase workload to the BSCC, which is required
to review and approve a county's plan for purchase from local
jail industry programs prior to entering into contracts with
counties or cities. Any fiscal impact to the BSCC is anticipated
to be minor and absorbable.
AB 2012 (Bigelow) Page 5 of
?
Additionally, this bill could result in increased costs to local
jails to provide the alternative programming and/or require
additional capital outlay to support JIA programs. Although
these costs are not mandatory and therefore not reimbursable by
the state through the Commission on State Mandates, it is
unclear whether state funding for the costs to local agencies
resulting from the provisions of this bill could potentially
utilize funding under Proposition 30 (2012) and/or Proposition
47 (2014).
Based on the experience to date of the state's PIA, the
provisions of this measure could result in positive long-term
outcomes, including potential future cost-savings in jail
operations, reductions in state and local agency operating costs
through the use of jail industry authority products and
services, and reduced recidivism.
Recommended Amendments: Staff notes the purposes of the Jail
Industry Authority appear to be largely modeled after the
existing statutes for the state Prison Industry Authority
specified in Penal Code § 2801, with the exception of the
purpose of operating a self-supporting program. To the extent
this stated purpose of the PIA is shared in common with the Jail
Industry Authority, the author may wish to consider the
following amendment to subdivision (b) of Penal Code § 4325:
(5) To operate a work program for inmates in county correctional
facilities 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
county correctional facilities, thereby reducing the cost of its
operation.
-- END --
AB 2012 (Bigelow) Page 6 of
?