BILL ANALYSIS
AB 932
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Date of Hearing: April 17, 2007
Counsel: Kathleen Ragan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 932 (Jeffries) - As Introduced: February 22, 2007
SUMMARY : Requires the Secretary of the Department of
Corrections and Rehabilitation (CDCR) to provide inmates
assigned to fire suppression efforts with access to weight
training equipment in correctional facilities. Specifically,
this bill :
1)States that weight training equipment shall be made available
to inmates assigned to fire suppression efforts, as specified.
2)Provides that the weight training equipment shall be used in
accordance with the provisions of Section 5010 of the Penal
Code.
EXISTING LAW :
1)Requires CDCR to require of every able-bodied prisoner
imprisoned in any state prison as many hours of faithful labor
in each day during his or her term of imprisonment, as
specified. [Penal Code Section 2700(a).]
2)Provides that the CDCR is authorized to cause state prisoners
to be employed in the rendering of emergency services for the
preservation of life and property within the state, whether
that property s owned by public entities or private citizens,
when a county level state of emergency has been declared due
to a natural disaster and the local governing board has
requested the assistance of CDCR. [Penal Code Section
2701(b).]
3)Provides that any division, department, bureau or other agency
of the State of California or the Federal Government may use
or cause to be used convicts confined in the state prison to
perform work necessary and proper to be done by them at
permanent, temporary, and mobile camps established under this
law. [Penal Code Section 2780.]
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4)States that the Director, CDCR shall determine which prisoners
are eligible for employment under Penal Code Section 2780.
[Penal Code Section 2781.] CDCR may return to prison any
prisoner transferred to a camp when the need for the
prisoner's labor has ceased, or when the prisoner is guilty of
violation of any rules and regulations of the prison or camp.
[Penal Code Section 2781.]
5)Provides that the agency providing work for convicts shall
designate and supervise all work done. States that the agency
shall provide, erect and maintain the necessary camps, except
when no funds are available to the agency, the Director, CDCR
may provide, erect, and maintain the necessary camps. [Penal
Code Section 2787.]
6)States that the Director of CDCR shall have full jurisdiction
and control over the discipline of the convicts performing
work at the camps. [Penal Code Section 2788.]
7)States that CDCR may, during declared fire emergencies, allow
the Director of the Department of Forestry and Fire Protection
to use prisoners for fire suppression efforts outside of the
boundaries of California, not in excess of 25 miles from the
California border, along the borders of Oregon, Nevada, or
Arizona. [Penal Code Section 2780.5.]
8)Provides that interested inmates shall be provided an equal
opportunity to participate in constructive recreational and
physical education programs under safe and secure conditions,
consistent with the inmate's custodial classification,
work/training assignment, privilege group and security
requirements. [15 C.C.R. Section 3220(a).]
9)States that a person sentenced to imprisonment in the state
prison may be deprived of such rights and only such rights as
is reasonably related to legitimate penological interests.
[Penal Code Section 2600.]
10)Provides that inmates shall be personally screened by a
medical officer before receiving medical clearance for
assignment to a camp or fire fighting assignment. Such
inmates shall be in generally good health and physically
capable of strenuous and prolonged heavy labor without danger
to the inmate's health and safety or the safety of others when
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involved in hazardous work such as forest firefighting.
Provides for an exception in that inmate may be assigned to
light duty non-hazardous work in a camp in a department
physician specifically approves such assignment. [15 C.C.R.
Section 3335(c).]
11)States that inmates eligible to earn day-for-day work time
credits under Penal Code Section 2933 shall be awarded two
days credit for each day of qualifying performance. An
inmate's ability to earn two-for-one credit shall not begin
until he/she is assigned and reports to an established
position in the conservation camp setting. [15 CCR
3044(b)(2).]
12)Provides that inmates and wards may be assigned to perform
public conservation projects, including, but not limited to,
forest fire prevention and control, forest and watershed
management, recreational area development, fish and game
management, soil conservation, and forest watershed
re-vegetation. (Penal Code Section 6202.)
13)Provides that conservation camps shall provide recreation and
physical education program opportunities for their respective
inmate populations. These opportunities shall be compatible
with camp operations, staffing and the geographic location of
the camp. [15 C.C.R. Section 3220.3.]
14)States that inmate weight lifting programs and equipment
shall not be permitted at departmental institution/facilities.
Exceptions shall be permitted as specifically authorized by
the director, in compliance with Penal Code Section 5010. [15
C.C.R. Section 3220(g).]
15)States that wards in juvenile facilities must complete
instruction in the following departmental weight lifting
policies before any ward shall be allowed to use weights
and/or weight lifting equipment in any Division of Juvenile
Justice (DJJ) facility:
a) Proper use of weights and weight lifting equipment,
b) Departmental safety practices that shall be observed
when using weights and weight lifting equipment.
c) The Director, or designees, shall have the option to
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eliminate or restrict individual or group access to weights
and/or weight lifting equipment under the following
conditions:
i) The aforementioned instruction has not been
completed;
ii) The orderly operation of the institution is at risk
due to the use of weights and/or weight lifting
equipment;
iii) The use of weights and/or weight lifting equipment
poses a safety concern to the institutional population
or, staff; or,
iv) The ward, as a result of using weights and/or weight
lifting equipment, would, when released, pose a safety
concern to law enforcement officers or the general
public. [15 C.C.R. Section 4705.]
16)States legislative intent that the predominant purpose of
exercise in correctional facilities should be for the
maintenance of the general health and welfare of inmates and
that exercise equipment and programs in correctional
facilities should be consistent with this purpose. States an
additional legislative declaration that in some cases it may
be beneficial to provide access to weights for therapeutic or
rehabilitative reasons under a doctor's order or for certain
vocational activities such as firefighting. [Penal Code
Section 5010(a).]
17)States that it is the intent of the legislature that both
CDCR and DJJ eliminate or restrict access to weights and
weight lifting equipment when it is determined that the
particular type of equipment involved or the particular prison
population or inmate involved poses a safety concern both in
the correctional facility and to the public upon release. In
those instances where inmates are allowed access to weights
and weight lifting equipment, access shall be a privilege.
[Penal Code Section 5010(b).]
18)Provides that as a condition of access to weights and weight
lifting equipment, the departments may require inmates to
participate in training in the proper use of weights and
weight lifting equipment that emphasizes departmental rules
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and safety procedures that must be observed when using weights
and weight lifting equipment. [Penal Code Section 5010(b).]
19)Requires CDCR and DJJ to develop regulations, on or before
July 1, 1995, governing inmate access to weight lifting and
weight training equipment in state prison and DJJ facilities.
States that in developing these regulations, the following
shall be considered [Penal Code Section 5010(c)]:
a) Some prisoners may use weights and weight lifting
equipment to develop strength and increase body mass and
size rather than for the maintenance of general health.
This use of weight equipment may create a risk of harm to
other inmates, correctional officers, and staff, and upon
release, to law enforcement officers and the general
public.
b) The improper use of weight lifting equipment may result
in injuries that require costly medical attention.
c) The improper use of weights and weight lifting equipment
by inmates may result in the use of the equipment by
inmates to attack other inmates or correctional officers.
20)Provides that the person of a prisoner sentenced to
imprisonment in a state prison is under the protection of the
law, and any injury to his or her person, not authorized by
law, is punishable to the same extent as if he or she were not
convicted or sentenced. [Penal Code Section 2650.]
21)Provides that inmate weight lifting programs and equipment
shall not be permitted at departmental institution/facilities.
States that exceptions may be permitted as specifically
authorized by the Director, in compliance with Penal Code
Section 5010. [15 C.C.R. Section 3220(g).]
22)Provides for a weight lifting program in DJJ facilities, with
specified exceptions related to lack of instruction and
causation of risk to the orderly operation of the institution.
[15 C.C.R. Section 4705(a)(b).]
FISCAL EFFECT : Unknown
COMMENTS :
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1)Author's Statement : According to the author: "The California
Department of Forestry and Fire Prevention (CDF) is currently
authorized to operate 39 conservation camps statewide that
house around 4,300 inmates and wards. These crews, also
referred to as hand crews, are available to respond to all
types of emergencies, including wildfires, floods, search and
rescue. These fire crews perform several million hours of
emergency response each year, saving the State of California
hundreds of millions of dollars each year.
"Obviously, the work performed by these crews is often
physically taxing and requires a substantially high level of
physical fitness. However, under current law, these inmates
are not allowed access to weight training equipment that other
firefighters use to help attain the appropriate level of
physical fitness required.
"AB 932 would direct the CDCR to provide (low risk) inmates
assigned to wild fire fighting teams with access to weight
training equipment. This will help ensure that they reach
appropriate levels of physical fitness required by those
working in fire suppression efforts."
2)Background : According to a 2004 media advisory released by
CDCR, "As fires rage throughout California, between 1,500 and
3,000 CDCR inmate firefighters are out on fire lines, fighting
side-by-side with firefighters from CDF and Los Angeles County
Fire Department. They are currently fighting fires in El
Dorado, Yolo, Lassen, Lake, Nevada, Mariposa, Calaveras,
Amador, Santa Cruz and Kern Counties - but that list grows
daily as the month wears on.
"As they pay their debt to society, camp inmates provide a real
economic benefit to the local communities and to the state,"
said Camps Liaison Capt. John Peck. "In a typical year, they
will work two million hours on firefighting and fire
prevention. They will also spend about six million hours on
conservation projects and community service activities."
"More than 4,000 men and women inmates live and work in
conservation camps located in some of the state's most
secluded wilderness areas. They provide a large force of
trained crews for wild land fire fighting, resource
conservation, and emergency assignments.
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"CDCR operates 38 conservation camps jointly with CDF or with
the Los Angeles County Fire Department. Assignment to a
conservation camp is a hard-won privilege. Inmates are
screened carefully using a sophisticated system to identify
and weigh personal aspects of their background to determine
potential for camp placement. To qualify, they must be
minimum security risks, physically fit, and have no history of
violent crime. The average sentence for inmates selected for
camp is two years, and the average time they spend in camp is
eight months.
"After being accepted for camp, inmates undergo a vigorous
two-week physical fitness-training program, and are then
schooled for another two weeks in fire safety and suppression
techniques.
"When fires ravaged southern California last year, CDCR inmate
firefighters were out there in force, saving lives, homes and
other property," said Peck. "They provide a strong, organized
work force while developing or improving social habits and
work ethics. They will continue to be a valuable part of
California's firefighting efforts, as they have for nearly 60
years."
3)Basis for Prohibition Against Weight Training in Prison :
According to the Senate analysis of SBx1 22 (Peace), Chapter
16, Statutes of 1994, First Extraordinary Session, Penal Code
Section 5010 was enacted in conformity with a federal law
adopted by Congress in 1994 which stated that the federal
Bureau of Prisons shall "take care that prisoners under its
jurisdiction do not engage in any activity designed to
increase their physical strength or their fighting ability,
and that all equipment designed for this purpose shall be
removed from Federal correctional facilities."
According to the Senate analysis, United States Congresswoman
Pryce stated the following in support of the above amendment:
"Very simply, it prohibits weight training and fighting
instruction within our federal prisons making it safer for our
correctional officers and helping protect potential crime
victims. Not only is this equipment used inside prisons as
weapons, but it also supplies a means for many prisoners,
already prone to violence, to increase their strength and bulk
. . . . If you want to stop building a better thug, support
[this] amendment. Let us replace barbells with books."
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[California Senate Analysis of SBx1 22 (Peace), Chapter 16,
Statutes of 1994.]
It is apparent from the analyses of SBx1 22 that no
consideration was given to the fact that some inmates are
approved to work in California's conservation camps in fire
suppression efforts, and as such, those inmates might require
weight training to enhance the safety of the firefighters and
the general public.
4)If Inmates Are 'A Valuable Part of California's Firefighting
Efforts' Should Those Inmates Be Provided with the Skills and
Training Needed to Be In Optimal Physical Condition for Such a
Task ? According to the media advisory, inmates selected for a
fire fighting camp "undergo a rigorous two week physical
fitness training program and then are schooled for another two
weeks in fire safety and suppression techniques." Arguably, a
two-week physical fitness program, no matter how rigorous it
may be, is insufficient to provide these inmates with the
physical strength and stamina to perform all of the strenuous
duties involved in fighting wild fires.
According to the Alameda County Reserve fire fighters
informational bulletin, found on the official County of
Alameda Internet Web site
[http://www.acgov.org/fire/requirements.htm], "A good way to
prepare yourself for this demanding occupation is to maintain
or improve your overall physical fitness. A suitable
weight-training program is a good place to begin. People of
smaller stature should consider a specific program to develop
upper body strength. Playing organized team sports may also
increase your power and endurance, while giving you practice
at being a 'team player'.
"If you are serious about becoming a firefighter, you might want
to tailor your weight regimen to help you pass a firefighting
physical ability test. The Candidate Physical Ability Test
(CPAT), utilized by the Alameda County Fire Department,
measures the capabilities of firefighting candidates along
eight job-specific areas.
a) "Stair climb.
b) "Hose drag.
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c) "Equipment carry.
d) "Ladder raise and extension.
e) "Forcible entry.
f) "Search.
g) "Rescue.
h) "Ceiling breach and pull."
[http://www.acgov.org/fire/requirements.htm]
5)California Department of Forestry and Fire Protection : On the
Internet Web site of the CDF, the agency promotes "other
careers in fire protection" by advising applicants how to gain
"the competitive edge." It states "there are many applicants
for fire protection positions. If you are interested in this
career field, you may want to consider activities that may
increase your competitiveness," including obtaining a good
educational foundation and "participate in aerobic
conditioning and weight training."
[http://www.fire.ca.gov/careersfireprotection.
php.] The agency further states that "being physically fit is
important, and prospective employees must meet required
medical standards." (Id.)
6)Firefighting is Medically Demanding : "Firefighting is widely
acknowledged to be one of the most physically demanding and
hazardous of all civilian occupations." [Gledhill, N, Jamnik
VK (1992), Characteristics of the Physical Demands of
Firefighting , Can J Spt Sci 17(3):207-213.] Epidemiologic
studies have found that heavy physical exertion sometimes
immediately precedes and triggers the onset of acute heart
attacks.
According to the National Institute for Occupational Safety and
Health (NIOSH), a federal agency responsible for studying and
making recommendations to prevent occupational injury and
illness, all fire fighters should be provided with annual
medical evaluations to determine their medical ability to
perform duties without presenting a significant risk to the
safety and health of themselves or others. "The success of
the medical programs hinges on protecting the fire fighter."
[NIOSH, "Firefighter Fatality Investigation and Prevention
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Program, Death in the Line of Duty", December 27, 2006.
[ http://www.cdc.gov/niosh/fire/reports/
facr200609.html .]
NIOSH further recommends that stress tests be considered for
fire fighters at increased risk of coronary disease, and the
development of a wellness/fitness program for fire fighters to
reduce risk factors for cardiovascular disease and improve
cardiovascular capacity. A fatality report included details
on the weight of the fire fighters' gear and equipment,
including full bunker gear, weighing 25 pounds, with a self
contained breathing apparatus weighing 20 pounds. The
firefighter was required to stretch 200 feet of a one and
three-quarters inch hose line toward the rear of the
structure, climb up onto a pickup truck and jump over a
backyard fence. During this activity, the fire fighter was
encountering heavy smoke conditions as wet down and overhaul
operations began. (Id.)
The description of this one incident makes it clear that fire
fighters are required to endure heavy and bulky personal
equipment, as well as engage in strenuous and rapid physical
activity at the same time. This NIOSH report, as well as the
statements on the Alameda County and California CDF Web sites,
provides clear documentation of the need for fire fighters to
have the capacity to lift heavy equipment for long periods of
time. Both Alameda County and CDF recommend a program of
weight training for prospective fire fighters.
If professional, trained fire fighters are expected to engage in
a program of weight training to enable them to do their jobs
without endangering their own health and safety or the health
and safety of others, the same expectations obviously apply to
state prison inmates who have been evaluated and found to be
sufficiently low risk to participate in the California fire
fighting mission. The legislative intent to eliminate weights
from prison exercise areas, set forth in Penal Code Section
5010, as a measure to protect other inmates and correctional
officers from the injuries that may result from the improper
use of weight training, are inapplicable to inmates cleared
for participation in California's fire fighting mission.
7)Benefits of Camps : According to CDF's Internet Web site, "CDF
is currently authorized to operate 39 conservation camps
statewide that house nearly 4,000 inmates and wards. These
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camps are operated in conjunction with CDCR. Through these
cooperative efforts CDF is authorized to operate 196 fire
crews year-round. These crews are available to respond to all
types of emergencies including wildfires, floods, search and
rescue, and earthquakes. When not responding to emergencies,
the crews are busy with conservation and community service
work projects for state, federal, and local government
agencies. Fire crews perform several million hours of
emergency response each year, and more on work projects."
"The crews are completely mobile throughout the state and are
strategically located in areas that are most likely to need
their assistance. They are carefully screened by custodial
agencies for their suitability for the program, including
physical, emotional, and intellectual aptitudes, as well as a
lack of arson in their records. Potential crew members are
evaluated again during physical fitness training by the
custodial agency and yet again during their basic training by
CDF.
"Fire Crew Firefighter Basic Training consists of a week of
classroom training and a week of field training and covers
wild land fire safety and attack, hand tool use, teamwork, and
crew expectations. Once assigned to a fire crew, a minimum of
four hours-per-week of advanced training is provided to each
fire crew firefighter, with some members progressing to more
responsible positions on the crew. All CDF fire crews are
tested each spring during rigorous Fire Crew Preparedness
Exercises.
"On fires, building 'freeways' with chain saws and hand tools
through whatever vegetation happens to be in the line of fire
is normal crew routine. However, direct attack, where the
crew's efforts are applied directly to the flaming front of
the fire, is the tactic of choice when the distance between
the wildfire, and life and property grows smaller. You will
also see these crews ahead of the fire setting up to protect
structures.
"CDF fire crews are available year-round; consequently, they
have become California's storm troopers, logging some 426,090
hours of flood fighting in January of 1997 alone. All of
California's major disasters over the last few years have seen
the assistance of the fire crews in either a labor intensive
effort to contain and mitigate the situation, such as the
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fires, heavy snows, search and rescue operations, earthquakes
and floods, or in more of a support role, such as staffing a
mobile kitchen unit during the Los Angeles riots.
"A typical conservation camp will be located within a few miles
of a small population center. It will have a civil service
staff of at least 24 employees, between CDF and the
cooperating agency, and will field five fire crews. The
budget for a typical camp, including both agencies' payroll
and operating costs, is about $2.35 million. Many of the goods
and services required for operation of the conservation camp
will be purchased from local vendors, and it is common for
staff to be active, involved members of the local community."
[http://www.fire.ca.gov.]
It is apparent that these camps provide a valuable service to
California, providing more than 10 million hours of work per
year, according to one report. Inmates provide these services
for approximately $1 per hour, and this money is placed into
the inmates' and wards' accounts to save or spend at the camp
store. In 2000, the Legislature passed ACR 99 (Dickerson),
Chapter 4, Statutes of 2000, to pay tribute to the CDCR and
their conservation camp inmates who fought the fires of 1999
that burned more than 750,000 acres.
ACR 99 stated in part "During the fire season of 1999, the State
of California experienced one of the worst fire sieges in its
history; several firefighters' lives were lost, over 1,500
structures were destroyed, and 750,000 acres of wild lands in
nearly every region of the state burned, from the Mexico
border to the Oregon border, and from the coastal mountains to
the Sierra Nevada mountains. . . . CDCR provided and
supervised over 2,790 conservation camp inmates who worked
over 1.5 million hours on 244 fires. They carried out their
duties under the most difficult and dangerous conditions,
including smoke, high temperatures, wind-driven flames, and
steep rugged terrain . . . . CDCR's conservation camp staff
and their inmate crews, through valiant efforts and unwavering
commitment, helped minimize the devastation to life, property,
and natural resources."
8)Related Legislation : AB 824 (Saldana) establishes additional
criteria for the eligibility of inmates to participate in fire
fighting camps. AB 824 is pending hearing by the
Appropriations Committee.
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9)Prior Legislation :
a) AB 2082 (Vargas) of the 2005-06 Legislative Session,
would have established additional criteria for the
eligibility of inmates to participate in fire fighting
camps. AB 2082 was held in the Assembly Appropriations'
Suspense File.
b) AB 191 (Cogdill) of the 2003-04 Legislative Session,
would have required CDCR to house, at the Central
California Women's Facility or the Valley State Prison for
Women, up to 120 inmates trained as conservation camp
inmates, and authorized CDCR and CDF to use these inmates
in the same manner as inmates housed at conservation camps.
AB 191 was held on the Assembly Appropriations' Suspense
File.
c) AB 2673 (Cogdill), of the 2001-02 Legislative Session,
would have provided that a fire fighting camp of up to 120
female inmates be established at the Central California
Women's Facility or the Valley State Prison for Women. AB
2673 was vetoed. In his veto message, the Governor stated
in pertinent part: "CDF's 'Assessment of the need for
additional conservation camps report determined that the
current number of camps is sufficient to meet the state's
needs at this time. AB 1999 also established a method for
setting priorities for locating any new camps that might be
built. Madera County, one of five locations in the group,
ranked as third priority for the location of a new camp."
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
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