BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Gloria Romero, Chair A
2007-2008 Regular Session B
9
3
2
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
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<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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