BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                           Senator Gloria Romero, Chair              A
                             2007-2008 Regular Session               B

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          AB 932 (Jeffries)                                           
          As Introduced February 22, 2007
          Hearing date:  July 10, 2007
          Penal Code
          SM:mc




                     DEPARTMENT OF CORRECTIONS AND REHABILITATION  :  

                                 CONSERVATION CAMPS  :

                                WEIGHT LIFTING EQUIPMENT  


                                       HISTORY


          Source:  Author

          Prior Legislation: SBx1 22 (Peace) - Chapter 16, Statutes of  
          1994

          Support: Taxpayers for Improving Public Safety

          Opposition:None known

          Assembly Floor Vote:  Ayes  75 - Noes  2



                                         KEY ISSUE




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          SHOULD THE SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND  
          REHABILITATION BE REQUIRED TO MAKE WEIGHT TRAINING EQUIPMENT  
          AVAILABLE TO INMATES ASSIGNED TO FIRE SUPPRESSION EFFORTS, AS  
          SPECIFIED?


                                       PURPOSE

          The purpose of this bill is to require the Secretary of the  
          Department of Corrections and Rehabilitation to make weight  
          training equipment available to inmates assigned to fire  
          suppression efforts, as specified.

           Existing law  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  2700(a).)

           Existing law  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 is 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  2701(b).)

           Existing law  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  2780.)

           Existing law  states that the Director of CDCR shall determine  
          which prisoners are eligible for employment under Penal Code  
          section 2780.  (Penal Code  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.   




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          (Penal Code  2781.)

           Existing law  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 that where no funds are available to the agency,  
          the Director of CDCR may provide, erect, and maintain the  
          necessary camps.  (Penal Code  2787.)

           Existing law  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  2788.)

           Existing law  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  2780.5.)

           Existing law  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.  3220(a).) 

           Existing law  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  2600.)

           Existing law  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 involved  
          in hazardous work such as forest firefighting.  Provides for an  
          exception in that inmates may be assigned to light duty  




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          non-hazardous work in a camp in a department physician  
          specifically approves such assignment.  (15 C.C.R.  3335(c).)

           Existing law  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 C.C.R.  3044(b)(2).)

           Existing law  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  6202.)

           Existing law  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.  3220.3.)

           Existing law  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.  3220(g).)

           Existing law  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:

                 Proper use of weights and weight lifting equipment.

                 Departmental safety practices that shall be observed  
               when using weights and weight lifting equipment.





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                 The Director, or designees, shall have the option to  
               eliminate or restrict individual or group access to weights  
               and/or weight lifting equipment under the following  
               conditions:

                  o         The aforementioned instruction has not been  
                    completed;

                  o         The orderly operation of the institution is at  
                    risk due to the use of weights and/or weight lifting  
                    equipment;

                  o         The use of weights and/or weight lifting  
                    equipment poses a safety concern to the institutional  
                    population or, staff; or,

                  o         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.  4705.)

           Existing law  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  5010(a).)

           Existing law  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   
          5010(b).)




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           Existing law  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  
          and safety procedures that must be observed when using weights  
          and weight lifting equipment.  (Penal Code  5010(b).)

          Existing law  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  5010(c)):

                 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.

                 The improper use of weight lifting equipment may result  
               in injuries that require costly medical attention.

                 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. 

           Existing law  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  2650.)

           Existing law  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.  3220(g).)




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           Existing law  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.  4705(a)(b).)

           This bill  requires the Secretary of the Department of  
          Corrections and Rehabilitation to make weight training equipment  
          available to inmates assigned to fire suppression efforts, in  
          accordance with the provisions of section 5010, detailed above.  
           

              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          California currently faces an extraordinary and severe prison  
          and jail overcrowding crisis.  California's prison capacity is  
          nearly exhausted as prisons today are being operated with a  
          significant level of overcrowding.<1>  In addition, California's  
          jails likewise are significantly overcrowded.  Twenty California  
          counties are operating under jail population caps.  According to  
          the State Sheriffs' Association, "counties are currently  
          releasing 18,000 pre and post-sentenced inmates every month and  
          many counties are so overcrowded they do not accept misdemeanor  
          bookings in any form, . . . ."<2>  In January of this year the  
          Legislative Analyst's office summarized the trajectory of  
          California's inmate population over the last two decades:

              During the past 20 years, jail and prison  
              populations have increased significantly.  County  
              jail populations have increased by about 66  
              percent over that period, an amount that has been  
              limited by court-ordered population caps.  The  
              prison population has grown even more dramatically  
              during that period, tripling since the  

              --------------------
          <1>  Analysis of the 2007-08 Budget Bill:  Judicial and Criminal  
          Justice, Legislative Analyst's Office (February 21, 2007).
          <2>  Memorandum from CSSA President Gary Penrod to Governor,  
          February 14, 2007.





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              mid-1980s.<3>

          The level of overcrowding, and the impact of the population  
          crisis on the day-to-day prison operations, is staggering:

              As of December 31, 2006, the California Department  
              of Corrections and Rehabilitation (CDCR) was  
              estimated to have 173,100 inmates in the state  
              prison system, based on CDCR's fall 2006  
              population projections.  However, . . . the  
              department only operates or contracts for a total  
              of 156,500 permanent bed capacity (not including  
              out-of-state beds, . . . ), resulting in a  
              shortfall of about 16,600 prison beds relative to  
              the inmate population.  The most significant bed  
              shortfalls are for Level I, II, and IV inmates, as  
              well as at reception centers.  As a result of the  
              bed deficits, CDCR houses about 10 percent of the  
              inmate population in temporary beds, such as in  
              dayrooms and gyms.  In addition, many inmates are  
              housed in facilities designed for different  
              security levels.  For example, there are currently  
              about 6,000 high security (Level IV) inmates  
              housed in beds designed for Level III inmates.

              . . .  (S)ignificant overcrowding has both  
              operational and fiscal consequences.  Overcrowding  
              and the use of temporary beds create security  
              concerns, particularly for medium- and  
              high-security inmates.  Gyms and dayrooms are not  
              designed to provide security coverage as well as  
              in permanent housing units, and overcrowding can  
              contribute to inmate unrest, disturbances, and  
              assaults.  This can result in additional state  
              costs for medical treatment, workers'  
              compensation, and staff overtime.  In addition,  
              overcrowding can limit the ability of prisons to  
              provide rehabilitative, health care, and other  

              --------------------
          <3>  California's Criminal Justice System:  A Primer.   
          Legislative Analyst's Office (January 2007).



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              types of programs because prisons were not  
              designed with sufficient space to provide these  
              services to the increased population.  The  
              difficulty in providing inmate programs and  
              services is exacerbated by the use of program  
              space to house inmates.  Also, to the extent that  
              inmate unrest is caused by overcrowding,  
              rehabilitation programs and other services can be  
              disrupted by the resulting lockdowns.<4>

          As a result of numerous lawsuits, the state has entered into  
          several consent decrees agreeing to improve conditions in the  
          state's prisons.  As these cases have continued over the past  
          several years, prison conditions nonetheless have failed to  
          improve and, over the last year, the scrutiny of the federal  
          courts over California's prisons has intensified.

          In February of 2006, the federal court appointed a receiver to  
          take over the direct management and operation of the prison  
          medical health care delivery system from the state.   Motions  
          filed in December of 2006 are now pending before three federal  
          court judges in which plaintiffs are seeking a court-ordered  
          limit on the prison population pursuant to the federal Prison  
          Litigation Reform Act.  Medical, mental health and dental care  
          programs at CDCR each are "currently under varying levels of  
          federal court supervision based on court rulings that the state  
          has failed to provide inmates with adequate care as required  
          under the Eighth Amendment to the U.S. Constitution.  The courts  
          found key deficiencies in the state's correctional programs,  
          including:  (1) an inadequate number of staff to deliver health  
          care services, (2) an inadequate amount of clinical space within  
          prisons, (3) failures to follow nationally recognized health  
          care guidelines for treating inmate-patients, and (4) poor  
          coordination between health care staff and custody staff."<5>

           This bill  does not appear to aggravate the prison and jail  
          overcrowding crisis outlined above.


          ---------------------------
          <4>  Analysis 2007-08 Budget Bill, supra, fn. 1.
          <5>  Primer, supra, fn. 4.



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                                      COMMENTS

          1.   Need for This Bill  

          According to the author:

               CDF is currently authorized to operate 39 Conservation  
               Camps statewide that house around 4,300 inmates and  
               wards.  The work performed by these inmates and wards  
               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.

          2.  The Value of CDCR Conservation Camps  

          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  




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               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.

               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. 

          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 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  




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               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,  




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               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 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  




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               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.  

          3.  Basis for Prohibition Against Weight Training in Prison   

          According to the Senate Judiciary Committee analysis of SBx1 22  
          (Peace), Chapter 16, Statutes of 1994, First Extraordinary  
          Session, Penal Code Section 5010 was enacted following Congress  
          adopting a federal law 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."   
          (California Senate Analysis of SBx1 22 (Peace), Chapter 16,  
          Statutes of 1994.)

          It appears from the analyses of SBx1 22 that no consideration  
          was given to the fact that some inmates are approved to work in  




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          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.  

          SHOULD THE PROHIBITION AGAINST INMATES USING WEIGHT TRAINING  
          EQUIPMENT HAVE AN EXCEPTION FOR INMATES AT CONSERVATION CAMPS?

          4.  Need for Firefighters to Be Physically Fit   

          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 firefighters  
          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'.














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               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.

                 Stair climb.
                 Hose drag.
                 Equipment carry.
                 Ladder raise and extension.
                 Forcible entry.
                 Search.
                 Rescue.
                 Ceiling breach and pull.  

          (http://www.acgov.org/fire/requirements.htm)

          5.  California Department of Forestry and Fire Protection Advises  
            Weight Training for Firefighters  

          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.)

          DO FIREFIGHTERS NEED TO PARTICIPATE IN WEIGHT TRAINING TO BE  
          PHYSICALLY FIT ENOUGH TO PERFORM THE JOB?

          6.  Firefighting is Medically Demanding  




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          "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 firefighters 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 firefighter."  (NIOSH, "Firefighter Fatality  
          Investigation and Prevention 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 firefighters' 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 firefighter was encountering heavy smoke  
          conditions as wet down and overhaul operations began.  (Id.)

          The description of this one incident makes it clear that  
          firefighters 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 firefighters to  












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          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 firefighters.  

          If professional, trained firefighters 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  
          firefighting 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 firefighting mission.

          IF CALIFORNIA INMATES ARE TO BE USED AS FIREFIGHTERS, SHOULD  
          THEY BE ALLOWED TO USE WEIGHT TRAINING EQUIPMENT TO ALLOW THEM  
          TO MEET THE PHYSICAL DEMANDS OF THE JOB?



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