BILL ANALYSIS Ó
AB 2012
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CONCURRENCE IN SENATE AMENDMENTS
AB
2012 (Bigelow, et al.)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: | 77-0 |(April 11, |SENATE: | 39-0 |(August 17, |
| | |2016) | | |2016) |
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Original Committee Reference: PUB. S.
SUMMARY: Replaces the authorization of the Jail Industry
Commission (JIC) with an authorization for a Jail Industry
Authority (JIA), which will have similar purposes, powers and
duties as the Prison Industry Authority (PIA).
The Senate amendments add Lake, Madera, and San Luis Obispo to
the list of counties authorized to establish a JIA, state
legislative intent, and an additional purpose for establishment
of a JIA.
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 JIC for that county. The JIC, if
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established, shall have the same purposes, powers and duties
with respect to county jails as the 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
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.
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7)Grants authority to the PIA to sell products and services to
states and local agencies.
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.
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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.
AS PASSED BY THE ASSEMBLY, this bill:
1)Replaced the authorization for Jail Industry Commissions with
an authorization for the Jail Industry Program.
2)Allowed 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.
3)Stated 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)Eliminated the sunset provision for programs established by
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any Jail Industry Commission.
5)Made technical and conforming changes.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)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.
2)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.
3)Prison Industry Authority (PIA): Unknown impact, if any, on
the PIA, including its existing contracts with local
governments and future operating revenues.
4)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.
5)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
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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.
6)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)
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
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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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0004317