BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2012|
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THIRD READING
Bill No: AB 2012
Author: Bigelow (R), Cooper (D), Jones-Sawyer (D), and Wilk
(R), et al.
Amended: 8/15/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 77-0, 4/11/16 - See last page for vote
SUBJECT: Jail Industry Authority
SOURCE: Los Angeles County Sheriff
Tuolumne County Sheriff
DIGEST: This bill 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, as specified.
ANALYSIS:
Existing law:
1) Authorizes the Boards of Supervisors of counties of the 9th
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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.)
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 JIC. (Penal Code § 4326.)
3) Requires the Boards of Supervisors, upon establishing a JIC,
to establish a Jail Industries Fund to fund the operations of
the JIC, to serve as a depository for any jail industry
income, and to pay compensation for prisoner participants.
(Penal Code § 4327.)
4) Sunsets the provision which states that no JIC program shall
remain in existence four years after it is established.
(Penal Code §§ 4325 and 4329.)
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. (Penal Code § 2801.)
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,
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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
PIA's operations. (Penal Code § 2805.)
7) Grants authority to the PIA to sell products and services to
states and local agencies. (Penal Code § 2807.)
8) Requires the PIA to fix a price schedule for all PIA
products and services. (Penal Code § 2807.)
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. (Penal Code §
2807; 26 U.S.C. § 501(c)(3).)
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. (Penal Code § 2808.)
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. (Penal Code § 2810.)
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. (Penal Code § 2811;
Labor Code § 1182.)
13)Prohibits any person from selling products manufactured in
whole or in part by inmate labor. (Penal Code § 2812.)
14)Authorizes the PIA to allow inmates to make and sell small
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articles of handiwork, as provided. (Penal Code § 2813.)
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. (Penal Code §§ 2054, 2808 and 2813.5;
Vehicle Code §§ 22851.3 and 24007.5.)
16)Allows the PIA to sell agricultural or animal husbandry
products to private persons. (Penal Code § 2814.)
17)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:
1) Replaces the authorization for JICs with an authorization
for the Jail Industry Program.
2) Allows the Boards of Supervisors of the Counties of Lake,
Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San
Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and
Ventura to establish a Jail Industry Program.
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;
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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 JIC.
5) States that it is the Legislature's intent in passing the
this bill is to encourage counties that establish and operate
jail industries to provide a program that will increase the
likelihood of inmate success upon release and to decrease
recidivism by obtaining long-term high-paying jobs.
Additionally, that upon implementation of the jail industry
program, that small businesses and disabled veteran
businesses be provided every opportunity to have equal and
competitive opportunities to provide goods and services to
facilitate the operations of the county-run jail facilities.
6) Makes technical and conforming changes.
Background
As stated above, this bill allows the Counties of Lake, Los
Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis
Obispo, 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.
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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 program the
opportunity to earn additional time credits, if authorized by
the sheriff or county director of corrections.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
According to the Senate Appropriations Committee:
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 12 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.
PIA: Unknown impact, if any, on the PIA, including its
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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: Senate Appropriations 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 bill.
*Jail Industries Fund
**Proposition 30 (2012) and Proposition 47 (2014)
SUPPORT: (Verified8/11/16)
Los Angeles County Sheriff (co-source)
Tuolumne County Sheriff (co-source)
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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: (Verified8/11/16)
Coalition of Small & Disabled Veteran Businesses
ASSEMBLY FLOOR: 77-0, 4/11/16
AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,
Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,
Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,
Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher,
Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gordon,
Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,
Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood
NO VOTE RECORDED: Gonzalez, Rendon
Prepared by:Jessica Devencenzi / PUB. S. /
8/15/16 20:10:13
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