BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 126|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 126
Author: Polanco (D)
Amended: 1/18/00
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-2, 3/23/99
AYES: Vasconcellos, Burton, Johnston
NOES: McPherson, Rainey
NOT VOTING: Polanco
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/20/99
AYES: Vasconcellos, Burton, McPherson, Polanco, Rainey
NOT VOTING: Johnston
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Purpose of incarceration: Prison Industry
Authority
SOURCE : Author
DIGEST : This bill adds additional language pertaining to
vocational and drug treatment and reducing the rate of
recidivism to the existing purpose of incarceration
provisions of law and makes specified changes to the Prison
Industry Authority guidelines relative to their annual
budget.
ANALYSIS : Existing law provides that the Legislature
finds and declares that the purpose of imprisonment for
crime is punishment and declares the importance of
CONTINUED
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uniformity in sentencing and states; there is a further
statement that the general purpose of punishment "shall not
be construed to preclude programs, including educational
programs, that are designed to rehabilitate nonviolent,
first-time felony offenders. 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."
(Penal Code Section 1170)
This bill additionally includes in the "shall not be
construed" provision "vocational and drug treatment";
programs that are designed to "reduce the rate of
recidivism"; and that the Legislature encourages policies
and programs "with the intent to reduce recidivism."
Under existing law, the PIA is under the policy direction
of the Prison Industry Board. This board consists of 11
members which include the director of California Department
of Corrections, the director of the State Department of
General Services (DGS), or his or her designee; the
secretary for the State Trade and Commerce Agency, or his
or her designee; two members appointed by the Speaker of
the Assembly; two members appointed by the Senate Rules
Committee; and four members appointed by the Governor.
(Penal Code Section 2802)
Under current law, the board shall have all the powers and
do all the things that the board of directors of a private
corporation would do, with certain exceptions, including,
but not limited to: (Penal Code Section 2808)
1.Review and approve the annual budget of the authority in
order to ensure the financial solvency of the
organization.
2.Employ a general manager to serve as the chief
administrative officer of the authority. The general
manager shall have a wide and successful experience with
a productive enterprise and have a demonstrative
appreciation of the problems associated with prison
management.
3.Establish, expand, diminish, or discontinue industrial,
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agricultural and service enterprises under its
jurisdiction to enable the authority to operate as a
self-supporting organization, to provide employment, 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.
4.Periodically determine the prices at which activities,
supplies, and services shall be sold.
Report to the Legislature in writing, or before February 1
of each year, regarding: (1) the financial activity and
condition of the each enterprise under its jurisdiction;
(2) any plans of the board proposing significant changes in
existing operations; (3) any plans for developing new
enterprises; and, (4) a breakdown, by institution, of the
number of inmates working at a PIA enterprise, and the
number of said inmates who are not working full-time.
This bill adds to the PIA provisions in current law a
requirement that requires the State Department of Finance,
in consultation with the PIA and the Legislative Analyst's
Office, to develop a display in the annual Budget Act of
specified projected expenditures and revenues.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 1/26/00)
Little Hoover Commission
California Attorneys for Criminal Justice
California Public Defenders Association
Friends Committee on Legislation
Los Angeles County Municipal Court Judges
California Manufacturers Association
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is designed to address several issues that have
been raised concerning the PIA by the Legislative Analyst,
the Bureau of State Audits and various private sector
entities.
Furthermore, the PIA is currently "off budget" and,
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therefore, the Legislature has no direct oversight over its
operations. The Legislative Analyst has recommended the
revenues and expenditures of the PIA be "displayed in the
Annual Budget Act."
The Annual Budget Act of 1998-99, Chapter 324, Statutes of
1998, included language requiring the State Department of
Finance, in consultation with the Prison Industry Authority
and the Legislative Analyst's Office to develop a display
in the 1999-2000 Governor's Budget of projected
expenditures and revenues for the Prison Industry
Authority, the Prison Industry Board, and the Prison
Industries Revolving Fund. (Reference: page 396, Item 13
of Chapter 324, Statutes of 1998) This budget provision
was vetoed by Governor Wilson.
SB 126 requires a display of projected expenditures and
revenues for the Prison Industry Authority, the Prison
Industry Board, and the Prison Industries Revolving Fund to
appear in the annual Budget Act.
RJG:kb 01/26/2000 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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