Bill Text: CA AB1844 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sex offenders: punishment: parole.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-09-09 - Chaptered by Secretary of State - Chapter 219, Statutes of 2010. [AB1844 Detail]

Download: California-2009-AB1844-Introduced.html

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BILL NUMBER: AB 1844	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 12, 2010

   An act to add Section 2819 to the Penal Code, relating to inmates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1844, as introduced, Gilmore. Inmate labor: maintenance of
prison grounds.
   Existing law authorizes the Department of Corrections and
Rehabilitation to cause prisoners in the state prisons to be employed
in rendering services as may be needed. Existing law establishes the
Prison Industry Authority and authorizes it to develop and operate
industrial, agricultural, and services enterprises employing
prisoners. Under existing law, the Secretary of the Department of
Corrections and Rehabilitation is authorized to order any public
works project involving the construction, renovation, or repair of
prison facilities to be performed by inmate labor. Existing law
provides for compensation for inmate services to be set by the
secretary, or by the general manager of the Prison Industry
Authority, as the case may be.
   This bill would provide that, notwithstanding any other law, when
unrestricted by contracts or contract cancellation penalties, the
Department of Corrections and Rehabilitation may order the use of
prisoners for the painting of prison facilities, for the maintenance
of prison grounds, for gardening and agricultural activities to
produce food for consumption within the prison system, and for
similar activities. This bill would provide that inmates be
compensated for this work at a rate ordinarily paid to inmates unless
the labor is intended as a punishment.
   This bill would state that it is the intent of the Legislature
that the Department of Corrections and Rehabilitation develop a plan,
by July 1, 2011, to significantly increase the proportion of inmates
engaged in work activities.
   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) It is the intent of the Legislature that all prison
inmates, with the exception of those who are too sick, old, or
infirm, those in administrative segregation, and those posing a
serious security risk, shall perform work to defray the cost of their
incarceration.
   (b) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation, on or before July 1, 2011, develop
plans to significantly increase the proportion of prison inmates
engaged in work activities.
  SEC. 2.  Section 2819 is added to the Penal Code, to read:
   2819.  (a) Notwithstanding any other provision of law, and upon
the expiration of any bargaining unit agreement or agreements to the
contrary, or any contracts not subject to cancellation without
penalty, the Secretary of the Department of Corrections and
Rehabilitation may order the use of inmate labor for the painting of
prison facilities, for the maintenance of prison grounds, for
gardening and agricultural activities to produce food for consumption
within the prison system, and similar activities.
   (b) Inmates employed pursuant to this section shall be paid the
rate ordinarily set for inmate labor of this kind, unless the labor
is intended as a punishment for a violation of prison rules.
   (c) This section does not negate or impose additional conditions
on the use of inmate labor for any other purpose authorized by law.