Bill Text: CA AB1876 | 2013-2014 | Regular Session | Amended

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Bill Title: Jails and juvenile facilities: telephone service contracts.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1876 Detail]

Download: California-2013-AB1876-Amended.html

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BILL NUMBER: AB 1876	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2014
	AMENDED IN ASSEMBLY  MAY 15, 2014
	AMENDED IN ASSEMBLY  APRIL 10, 2014

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 19, 2014

   An act to add Chapter 3.2 (commencing with Section 22120) to Part
3 of Division 2 of the Public Contract Code, relating to detention
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1876, as amended, Quirk. Jails and juvenile facilities:
telephone service contracts.
   Existing law imposes specified procedural and substantive content
requirements on contracts entered into by local agencies, including
cities and counties.
   This bill would require any contract to provide telephone services
to any person detained or sentenced to a jail or juvenile facility
to be negotiated and awarded to an entity that meets the jail or
juvenile facility's technical, functional, and security requirements
for services, and that provides the lowest cost of service to any
person who pays for the telephone service. The bill would 
additionally  prohibit any contract to provide telephone
services to any person detained or sentenced to a jail or juvenile
facility from including any commission or other payment, as defined,
to the entity operating the jail or juvenile facility.  The bill
would further require that telephone rates affected by these
provisions be reduced in response to the elimination of commission
fees and require that current contracts for these telephone services,
as specified, be amended to eliminate commission fees or other
payments by a specified date.  
   Because this bill would require new actions by local jail
officials, it would impose a state-mandated local program.  

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  Chapter 3.2 (commencing with Section 22120) is added to
Part 3 of Division 2 of the Public Contract Code, to read:
      CHAPTER 3.2.  CONTRACTS FOR TELEPHONE SERVICES IN JAILS AND
JUVENILE FACILITIES


   22120.  (a) Any contract to provide telephone services to any
person detained or sentenced to a jail or juvenile facility shall be
negotiated and awarded to an entity that meets the jail or juvenile
facility's technical, functional, and security requirements for
services, and that provides the lowest cost of service to any person
who pays for the telephone service. A county may require a telephone
service provider to cover all costs related to the installation and
maintenance of the telephone devices and services.
   (b) A contract to provide telephone services to any person
detained or sentenced to a jail or juvenile facility shall not
include any commission or other payment to the entity operating the
jail or juvenile facility. 
   (c) Telephone rates shall be reduced in response to the
elimination of commission fees.  
   (d) All current telephone contracts that provide telephone
services to any person detained or sentenced to a jail or juvenile
facility shall be amended to eliminate commissions and other payments
on or before January 1, 2016. Telephone contracts that provide free
telephone services are exempt from this requirement.  
   (c) 
    (e)  For purposes of this section, the following terms
have the following meanings:
   (1) "Jail" means a county jail, a municipal jail, or a privately
operated jail.
   (2) "Juvenile facility" means any juvenile hall, camp, ranch, or
other facility where a person is detained as a result of a petition
pursuant to Section 601 or 602 of the Welfare and Institutions Code.
   (3) "Commission or other payment" means any payments made to
incentivize procurement of contracts, but does not include grants and
other payments that do not increase the cost of telephone calls
billed to consumers.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.