BILL NUMBER: AB 1562	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        JANUARY 30, 2012

   An act to amend Section 2780 of the Penal Code, and to add Chapter
2 (commencing with Section 4965) to Part 4 of Division 4 of the
Public Resources Code, relating to inmate fire crews.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1562, as introduced, Jeffries. Fire prevention and suppression:
county inmate fire crews.
   Existing law declares the existence of the California Conservation
Camp program which establishes camps for the purpose of receiving
prisoners and wards committed to the Department of Corrections and
Rehabilitation and the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, to perform fire prevention, fire
control, and other work. Existing law authorizes the various agencies
concerned with conservation projects to enter into contracts as may
be necessary for these purposes.
   This bill would authorize the Department of Forestry and Fire
Protection to enter into contracts with counties to establish county
inmate fire crews that would utilize county jail inmates for the
purposes of fire prevention and suppression. The bill would require
that county jail inmates remain under the constructive custody and
control of their respective county correctional facilities, or an
agreed upon multicounty correctional facility, while participating in
the inmate fire crew.
   The bill would authorize work performed by inmate fire crews to be
coordinated with the efforts of conservation camps, provided that
the county would remain solely responsible for providing health and
medical care to each county inmate participating in the fire crew.
The bill would state that its provisions are severable.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares the following:
   (1) The use of California inmate fire crews is recognized as an
important rehabilitation opportunity for eligible inmates of the
Department of Corrections and Rehabilitation.
   (2) The partnership and participation of the Department of
Forestry and Fire Protection staff in the coordination, operation,
and supervision of the Department of Corrections and Rehabilitation
prison inmate rehabilitation program is a vital component of the
program's success.
   (3) Due to the criminal justice realignment of 2011, many inmates
who would have otherwise been eligible to participate in inmate fire
crews as state prison inmates will instead serve their sentences in
county jails.
   (b) Accordingly, it is the intent of the Legislature that,
pursuant to the following, counties be authorized to enter into
contracts with the Department of Forestry and Fire Protection in
order to utilize inmate fire crew programs as part of their inmate
rehabilitation efforts.
  SEC. 2.  Section 2780 of the Penal Code is amended to read:
   2780.   (a)    Any department, division, bureau,
commission or other agency of the State of California or the Federal
Government may use or cause to be used convicts confined in the
state prisons to perform work necessary and proper to be done by them
at permanent, temporary, and mobile camps to be established under
this article. The director   secretary  may
enter into contracts for the purposes of this article. 
   (b) The Department of Forestry and Fire Protection may enter into
contracts with counties to establish county inmate fire crews
pursuant to Chapter 2 (commencing with Section 4965) of Part 4 of
Division 4 of the Public Resources Code. 
  SEC. 3.  Chapter 2 (commencing with Section 4965) is added to Part
4 of Division 4 of the Public Resources Code, to read:
      CHAPTER 2.  COUNTY INMATE FIRE CREWS


   4965.   The Department of Forestry and Fire Protection may enter
into contracts with counties to establish county inmate fire crews
utilizing county jail inmates for the purposes of fire prevention and
suppression.
   4967.  (a) Inmates utilized in county inmate fire crews pursuant
to contracts entered into pursuant to Section 4965 remain county jail
inmates for all purposes. Inmates utilized in county inmate fire
crews shall remain in the constructive custody and control of their
respective county correctional facilities, or an agreed upon
multicounty correctional facility, while participating in inmate fire
crews.
   (b) Subject to subdivision (a), work performed by county inmate
fire crews established pursuant to Section 4965 may be coordinated
with the efforts of conservation camps established pursuant to
Chapter 1 (commencing with Section 4951), provided that the county
remains solely responsible for providing health and medical care to
each county jail inmate participating in the fire crew.
  SEC. 4.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.