BILL NUMBER: SB 126 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 1999
AMENDED IN SENATE MARCH 25, 1999
AMENDED IN SENATE FEBRUARY 25, 1999
INTRODUCED BY Senator Polanco
DECEMBER 22, 1998
An act to amend Sections 1170, 2801, 2807, and 2808 of, and to add
Sections 2808.3 and 2808.5 to, the Penal Code, relating to
corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 126, as amended, Polanco. Corrections: inmate rehabilitation:
Prison Industry Authority.
(1) Existing law states the findings and declarations of the
Legislature that (a) the purpose of imprisonment for crime is
punishment, (b) this purpose is best served by terms proportionate to
the seriousness of the offense with provision for uniformity in the
sentences of offenders committing the same offense under similar
circumstances, and (c) the elimination of disparity and the provision
of uniformity of sentences can best be achieved by determinate
sentences fixed by statute in proportion to the seriousness of the
offense as determined by the Legislature to be imposed by the court
with specified discretion. Existing law provides that these findings
and declarations shall not be construed to preclude programs,
including educational programs, that are designed to rehabilitate
nonviolent, first-time felony offenders, and further provides that
the Legislature encourages the development of policies and programs
designed to educate and rehabilitate nonviolent, first-time felony
offenders consistent with the purpose of imprisonment.
This bill instead would provide that these findings and
declarations shall not be construed to preclude educational,
vocational, and drug treatment programs that are designed to
rehabilitate nonviolent, first-time felony offenders and to reduce
the rate of recidivism. The bill further would state the intent of
the Legislature to encourage the development of policies and programs
consistent with the intent to reduce the rate of recidivism.
(2) Existing law establishes the Prison Industry Authority under
the direction of the Prison Industry Board and specifies the powers
and duties of the board, its membership, and their compensation. The
authority has jurisdiction over the operation of all industrial,
agricultural, and service operations. Existing law also creates the
Prison Industries Revolving Fund that is used to meet the expenses of
the prison industries program, as specified. The board is also
authorized to borrow money from the state and private sources to
finance the program. The authority determines which work programs
are to be established and the products to be made.
This bill would revise these provisions as follows:
(a) To provide that the purposes of the authority are, among other
things, to provide productive employment that offers inmates a
significant real world work experience and competitive work skills in
order to increase their employability upon release through the
development of skills, habits, and attitudes that employers seek and
operate as a self-supporting prison work program.
(b) To specify that the products required to be purchased by the
state or state agencies are substantially similar in either quality,
cost, or availability to those available from commercial suppliers.
(c) To include a list of specified additional powers and duties of
the board.
(d) To require the Department of Finance, in consultation with the
Prison Industry Authority and the Legislative Analyst's Office, to
develop a display in the annual Budget Act of specified projected
expenditures and revenues.
(e) To require the Bureau of State Audits to conduct a performance
and financial audit of the Prison Industry Authority, as specified.
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. With respect to Sections 4 to 8, inclusive, of this
act, the Legislature hereby finds and declares as follows:
(a) Prison work programs, in addition to reducing inmate idleness
and providing an effective tool for inmate management, have the
potential for providing inmates with needed skills to increase
employability, enhance self-worth, and ultimately reduce the
likelihood of recidivism.
(b) Rehabilitated parolees have historically suffered from high
levels of unemployment as compared to California residents in the
general population. In the absence of appropriate interventions
leading to increased employability of this population of parolees,
the prevalence of repeat offenders will continue to proliferate.
(c) Current law provides state agencies no recourse but to
purchase goods manufactured by the Prison Industry Authority
regardless of quality or cost when compared to goods available
through the private sector.
(d) There has been little ongoing legislative review of Prison
Industry Authority operations given the authority's continuous
appropriation of funding support, which exempts the authority from
oversight under the annual Budget Act.
SEC. 2. With respect to Sections 4 to 8, inclusive, of this act,
the Legislature expresses its intent as follows:
(a) It is the intent of the Legislature that the mission of the
Prison Industry Authority shall be the providing of productive work
and training resources for inmates, thereby fostering development of
work force skills leading to increased employability upon release.
(b) It is the intent of the Legislature that the authority's
mission of increasing employability of inmates shall, to the extent
feasible, be accomplished while avoiding unnecessary displacement of
California citizens gainfully employed in the private sector.
(c) It is further the intent of the Legislature that this chapter
shall be designed to do all of the following:
(1) Revise the statutory mission of the Prison Industry Authority
to reflect a priority of increasing the employability of inmates.
(2) Require an annual display of Prison Industry Authority
revenues and expenditures as part of the annual Budget Act.
(3) Allow state agencies to seek waivers from purchase of goods
and services produced by the Prison Industry Authority when evidence
indicates those purchases do not constitute a best value acquisition
for the state when compared to those products and services produced
in California by private companies.
(4) Increase program efficiency and administrative accountability
for fiscal stability and performance.
(5) Strengthen collaboration with industry and labor in the
planning and development of prison work programs.
SEC. 3. Section 1170 of the Penal Code is amended to read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best
served by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Paragraph (1) shall not be construed to preclude programs,
including educational, vocational, and drug treatment programs, that
are designed to rehabilitate nonviolent, first-time felony offenders,
and to reduce the rate of recidivism. The Legislature encourages
the development of policies and programs designed to educate and
rehabilitate nonviolent, first-time felony offenders consistent with
the purpose of imprisonment, and the intent to reduce the rate of
recidivism.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the Director of
Corrections. The court shall advise the defendant that he or she
shall serve a period of parole and order the defendant to report to
the parole office closest to the defendant's last legal residence,
unless the in-custody credits equal the total sentence, including
both confinement time and the period of parole. The sentence shall
be deemed a separate prior prison term under Section 667.5, and a
copy of the judgment and other necessary documentation shall be
forwarded to the Director of Corrections.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall set forth on the record the facts and
reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.
(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the Director of
Corrections, the court may, within 120 days of the date of commitment
on its own motion, or at any time upon the recommendation of the
Director of Corrections or the Board of Prison Terms, recall the
sentence and commitment previously ordered and resentence the
defendant in the same manner as if he or she had not previously been
sentenced, provided the new sentence, if any, is no greater than the
initial sentence. The resentence under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the Director of Corrections or
the Board of Prison Terms or both determine that a prisoner satisfies
the criteria set forth in paragraph (2), the director or the board
may recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds both of the following:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
The Board of Prison Terms shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of
parole.
(3) Within 10 days of receipt of a positive recommendation by the
director or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) The prisoner or his or her family member or designee may
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the Director of Corrections.
Upon receipt of the request, if the director determines that the
prisoner satisfies the criteria set forth in paragraph (2), the
director or board may recommend to the court that the prisoner's
sentence be recalled. The director shall submit a recommendation for
release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the director may make a recommendation to the
Board of Prison Terms with respect to the inmates who have applied
under this section. The board shall consider this information and
make an independent judgment pursuant to paragraph (2) and make
findings related thereto before rejecting the request or making a
recommendation to the court. This action shall be taken at the next
lawfully noticed board meeting.
(5) Any recommendation for recall submitted to the court by the
Director of Corrections or the Board of Prison Terms shall include
one or more medical evaluations, a postrelease plan, and findings
pursuant to paragraph (2).
(6) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
SEC. 4. Section 2801 of the Penal Code is amended to read:
2801. The purposes of the authority are:
(a) To develop and operate industrial, agricultural, and service
enterprises employing prisoners in institutions under the
jurisdiction of the Department of Corrections, which enterprises may
be located either within those institutions or elsewhere, all as may
be determined by the authority.
(b) To provide productive employment that offers inmates a
significant real world work experience and competitive work skills in
order to increase the employability of inmates upon release through
the development of skills, habits, and attitudes that employers seek.
(c) To operate a work program for prisoners that will ultimately
be self-supporting.
SEC. 5. Section 2807 of the Penal Code is amended to read:
2807. (a) The authority is hereby authorized and empowered to
operate industrial, agricultural, and service enterprises which will
provide products and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use.
Products may be purchased by state agencies to be offered for sale to
inmates of the department and to any other person under the care of
the state who resides in state-operated institutional facilities.
Fresh meat may be purchased by food service operations in state-owned
facilities and sold for onsite consumption.
(b) All things authorized to be produced under subdivision (a)
shall be purchased by the state, or any agency thereof, provided
these products are substantially similar in either quality, cost, or
availability to those available from commercial suppliers. State
agencies shall may request waivers from
the Director of the Department of General Services for those
products that do not meet criteria related to quality, cost, or
availability. Prison Industry Authority goods and services may also
be purchased by any county, city, district, or political subdivision,
or any agency thereof, or by any state agency to offer for sale to
persons residing in state-operated institutions, at the prices fixed
by the board. State agencies shall make maximum utilization of these
products, and shall consult with the staff of the authority to
develop new products and adapt existing products to meet their needs.
(c) The following state agencies and officers shall report by
January 1 of each year to the Director of General Services and to the
Chairperson of the Joint Legislative Budget Committee on their use
in the prior fiscal year of goods and services provided by the
authority, and shall include comments on planned future use of these
goods and services:
(1) The State and Consumer Services Agency.
(2) The Business, Transportation and Housing Agency.
(3) The Health and Welfare Agency.
(4) The Resources Agency.
(5) The Youth and Adult Correctional Agency.
(6) The California Environmental Protection Agency.
(7) The Department of Food and Agriculture.
(8) The Attorney General.
(9) The Secretary of State.
(10) The Treasurer.
(11) The Controller.
(12) The Superintendent of Public Instruction.
Reports submitted under this subdivision shall be specific as to
department and unit under each agency's or office's jurisdiction.
SEC. 6. Section 2808 of the Penal Code is amended to read:
2808. The board shall, in the exercise of its duties, have all
the powers and do all the things which the board of directors of a
private corporation would do, except as specifically limited in this
article, including, but not limited to, the following:
(a) To enter into contracts and leases, execute leases, pledge the
equipment, inventory and supplies under the control of the authority
and the anticipated future receipts of any enterprise under the
jurisdiction of the authority as collateral for loans, and execute
other necessary instruments and documents.
(b) To assure that all funds received by the authority are kept in
commercial accounts according to standard accounting practices.
(c) To arrange for an independent annual audit.
(d) To review and approve the annual budget for the authority, in
order to assure that the solvency of the Prison Industries Revolving
Fund is maintained.
(e) To contract to employ a general manager to serve as the chief
administrative officer of the authority. The person so appointed
shall serve at the pleasure of the chairperson. The general manager
shall have wide and successful experience with a productive
enterprise and have a demonstrated appreciation of the problems
associated with prison management.
(f) To apply for and administer grants and contracts of all kinds.
(g) To establish, notwithstanding any other provision of law,
procedures governing the purchase of raw materials, component parts,
and any other goods and services which may be needed by the authority
or in the operation of any enterprise under its jurisdiction. These
procedures shall contain provisions for appeal to the board from any
action taken in connection with them.
(h) To establish, expand, diminish, or discontinue industrial,
agricultural and service enterprises under its jurisdiction to enable
the authority to operate as a self-supporting organization, to
provide as much employment for inmates as is feasible, and to provide
diversified work activities to minimize the impact on existing
private industry in the state.
(i) To hold public hearings pursuant to paragraph (h) above to
provide an opportunity for persons or organizations who may be
affected to appear and present testimony concerning the plans and
activities of the authority. The authority shall assure adequate
public notice of these hearings. No new industrial, agricultural, or
service enterprise which involves a gross annual production of more
than fifty thousand dollars ($50,000) shall be established unless and
until a hearing concerning the enterprise has been held by a
committee of persons designated by the board including at least two
board members. The board shall take into consideration the effect of
a proposed enterprise on California industry and shall not approve
the establishment of the enterprise if the board determines it would
have a comprehensive and substantial adverse impact on California
industry which cannot be mitigated.
(j) To periodically determine the prices at which activities,
supplies, and services shall be sold.
(k) To report to the Legislature in writing, on or before February
1 of each year, regarding:
(1) The financial activity and condition of each enterprise under
its jurisdiction.
(2) The plans of the board regarding any significant changes in
existing operations.
(3) The plans of the board regarding the development of new
enterprises.
(4) A breakdown, by institution, of the number of prisoners at
each institution, working in enterprises under the jurisdiction of
the authority, said number to indicate the number of prisoners which
are not working full time.
(l) To report to the Governor and the Legislature, not later than
July 1, 2001 April 1, 2000 , regarding
recommendations to maximize the ability of prison work programs to
achieve their statutory mission as provided by Section 2801.
(m) To make recommendations to maximize utilization of prison work
programs to defray incarceration costs through strategies that
include, but are not limited to, facilitating joint ventures and
public or private partnerships that allow a significant portion of
inmate wages to be used to reduce costs of room and board, taxes,
court fees, fines, and family support.
(n) To make recommendations based on input from representatives of
both labor and the private sector on new industries and work force
development programs that fill an unmet labor need in the commercial
marketplace. These new industry activities may include, but are not
limited to, all of the following:
(1) Work currently being performed offshore.
(2) Development of apprenticeship programs in skilled trades in
areas identified as having skill shortages.
(3) Industry program activities for which there is societal
benefit including environmental restoration, disaster assistance
projects, or manufacture of assistive tools and other enhancements
for disabled persons.
(o) To develop skills assessment tools and performance measures in
order to evaluate the extent to which prison work programs have
increased, or are increasing, inmate employability upon release. For
purposes of this subdivision, findings provided by the Department of
Corrections study of the effectiveness of inmate academic, work, and
Prison Industry Authority programs, as authorized by supplemental
report language contained in the 1998-99 Annual Budget Act, shall be
considered by the Prison Industry Board as evaluation criteria are
developed.
(p) To develop and implement continued strategies to increase
efficiency in business operations, including results-oriented Total
Quality Management programs, installation of computerized systems to
better track product costs, establishment of a program to shorten
delivery schedules where feasible, and improvement of marketing and
market research to maximize product sales.
(q) To develop and recommend a strategy for implementation, not
later than September 1, 2001, that provides for tracking of inmate
recidivism for purposes of identifying the impact of prison work
programs on sustained inmate rehabilitation following release. For
purposes of this subdivision, the board's recommendations shall
consider the findings provided by the Department of Corrections'
statistical analysis of the impact of prison academic and work
programs on inmate postrelease recidivism, as authorized by the
1998-99 Budget Act.
SEC. 7. Section 2808.3 is added to the Penal Code, to read:
2808.3. The Department of Finance, in consultation with the
Prison Industry Authority (PIA) and the Legislative Analyst's Office,
shall develop a display in the annual Budget Act of projected
expenditures and revenues for the PIA, the Prison Industry Board, and
the Prison Industries Revolving Fund.
SEC. 8. Section 2808.5 is added to the Penal Code, to read:
2808.5. (a) The Bureau of State Audits shall conduct a
performance and financial audit of the Prison Industry Authority
every two years.
(b) The audit shall assess the following:
(1) The authority's performance as measured against program goals,
objectives, and predetermined performance measures.
(2) The effectiveness of applicable accounting, inventory control,
and other relevant management procedures.
(3) The extent to which the program has achieved self-sufficiency
, including the impact of state agency waiver requests,
authorized by subdivision (b) of Section 2807, on both Prison
Industry Authority work programs and inmate contributions to the
Victims of Crime Program .
(4) An evaluation of administrative planning efforts for adequacy
and reasonableness, including whether program goals, objectives, and
performance measures have been well defined.
(5) An assessment of the effectiveness of administrative efforts
to promote employability of inmates upon release, including access to
job training, postrelease job placement, and reductions in
recidivism.
SEC. 9. Nothing in this chapter is intended to result in the
displacement of current state employees.