Bill Text: CA AB2012 | 2015-2016 | Regular Session | Chaptered
Bill Title: Jail Industry Authority.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 452, Statutes of 2016. [AB2012 Detail]
Download: California-2015-AB2012-Chaptered.html
BILL NUMBER: AB 2012 CHAPTERED
BILL TEXT
CHAPTER 452
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2016
APPROVED BY GOVERNOR SEPTEMBER 22, 2016
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 28, 2016
AMENDED IN ASSEMBLY APRIL 7, 2016
AMENDED IN ASSEMBLY MARCH 14, 2016
INTRODUCED BY Assembly Members Bigelow, Wilk, Cooper, and
Jones-Sawyer
(Principal coauthor: Assembly Member Hadley)
(Coauthor: Assembly Member Santiago)
FEBRUARY 16, 2016
An act to amend Sections 4327, 4497.50, and 4497.52 of, to amend
the heading of Chapter 2.5 (commencing with Section 4325) of Title 4
of Part 3 of, to repeal Sections 4326 and 4329 of, and to repeal and
add Section 4325 of, the Penal Code, relating to jails.
LEGISLATIVE COUNSEL'S DIGEST
AB 2012, Bigelow. Jail Industry Authority.
Existing law authorizes the board of supervisors in specified
counties, as part of a pilot jail industry program not to exceed 4
years, to establish, with the concurrence of the county sheriff, a
Jail Industry Commission for that county. Existing law also requires
the county board of supervisors, upon the establishment of a
commission, to create a Jail Industries Fund, as specified, which may
be used to fund specified purposes. Existing law specifies the
composition of these commissions.
This bill would repeal the authorization to create a Jail Industry
Commission as a pilot program, and would instead authorize the board
of supervisors of the Counties of Lake, Los Angeles, Madera,
Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma,
Stanislaus, Tulare, Tuolumne, and Ventura to authorize the county
sheriff or county director of corrections to create a Jail Industry
Authority, as specified. The bill would also make conforming changes.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Counties of Lake, Los
Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo,
Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature in enacting
this act to encourage counties that establish and operate jail
industries to provide a program that will increase the likelihood of
inmate success upon release and to decrease recidivism by obtaining
long-term high-paying jobs.
(b) It is also the intent of the Legislature, upon the
implementation of the jail industry program, that small businesses
and disabled veteran businesses be provided every opportunity to have
equal and competitive opportunities to provide goods and services to
facilitate the operations of the county-run jail facilities.
SEC. 2. The heading of Chapter 2.5 (commencing with Section 4325)
of Title 4 of Part 3 of the Penal Code is amended to read:
CHAPTER 2.5. JAIL INDUSTRY AUTHORITY
SEC. 3. Section 4325 of the Penal Code is repealed.
SEC. 4. Section 4325 is added to the Penal Code, to read:
4325. (a) The board of supervisors of the Counties of Lake, Los
Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo,
Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura may authorize, by
ordinance or resolution, the sheriff or county director of
corrections to create a Jail Industry Authority within the county
jail system.
(b) The purpose of the Jail Industry Authority includes all of the
following:
(1) To develop and operate industrial, agricultural, or service
enterprises or programs employing prisoners in county correctional
facilities under the jurisdiction of the sheriff or county director
of corrections.
(2) To create and maintain working conditions within the
enterprises or programs as similar as possible to those that prevail
in private industry.
(3) To ensure prisoners have the opportunity to work productively
and earn funds, if approved by the board of supervisors pursuant to
Section 4019.3, and to acquire or improve effective work habits and
occupational skills.
(4) To allow inmates who participate in the enterprise or program
the opportunity to earn additional time credits allowed under Section
4019.1 or 4019.4, if authorized by the sheriff or county director of
corrections.
(5) To operate a work program for inmates in county correctional
facilities that will ultimately be self-supporting by generating
sufficient funds from the sale of products and services to pay all
the expenses of the program and that will provide goods and services
that are or will be used by the county correctional facilities,
thereby reducing the cost of its operation.
SEC. 5. Section 4326 of the Penal Code is repealed.
SEC. 6. Section 4327 of the Penal Code is amended to read:
4327. Upon the establishment of the Jail Industry Program or Jail
Industry Authority, the board of supervisors shall establish a Jail
Industries Fund, which may be a revolving fund, for funding the
operations of the program. All jail industry income shall be
deposited in, and any prisoner compensation shall be paid to the
account of the prisoner from, the Jail Industries Fund.
SEC. 7. Section 4329 of the Penal Code is repealed.
SEC. 8. Section 4497.50 of the Penal Code is amended to read:
4497.50. In order to be eligible to receive funds derived from
the issuance of General Obligation Bonds under the County
Correctional Facility Capital Expenditure and Youth Facility Bond Act
of 1988, a county or city and county shall do all of the following:
(a) In the design and planning of facilities whose construction,
reconstruction, or remodeling is financed under the County
Correctional Facility Capital Expenditure and Youth Facility Bond Act
of 1988, products for construction, renovation, equipment, and
furnishings produced and sold by the Prison Industry Authority or
local Jail Industry Authorities shall be utilized in the plans and
specifications unless the county or city and county demonstrates
either of the following to the satisfaction of the Board of State and
Community Corrections or the Department of Corrections and
Rehabilitation, Division of Juvenile Justice.
(1) The products cannot be produced and delivered without causing
delay to the construction of the property.
(2) The products are not suitable for the facility or
competitively priced and cannot otherwise be reasonably adapted.
(b) Counties and cities and counties shall consult with the staff
of the Prison Industry Authority or local Jail Industry Authority to
develop new products and adapt existing products to their needs.
(c) The Board of State and Community Corrections or the Department
of Corrections and Rehabilitation, Division of Juvenile Justice,
shall not enter into any contract with any county or city and county
until that county's or city and county's plan for purchase from and
consultation with the Prison Industry Authority or local jail
industry program is reviewed and approved by the Board of State and
Community Corrections or the Department of Corrections and
Rehabilitation, Division of Juvenile Justice.
SEC. 9. Section 4497.52 of the Penal Code is amended to read:
4497.52. Notwithstanding any other provision of law, a county or
city and county may contract for the purchase of products as
specified in Section 4497.50 with the Prison Industry Authority or
local Jail Industry Authority without the formality of obtaining bids
or otherwise complying with provisions of the Public Contract Code.
SEC. 10. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique needs of the Counties of Lake, Los Angeles,
Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma,
Stanislaus, Tulare, Tuolumne, and Ventura.
