Bill Text: CA SB188 | 2013-2014 | Regular Session | Amended
Bill Title: Conservation camps: county-operated camps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB188 Detail]
Download: California-2013-SB188-Amended.html
BILL NUMBER: SB 188 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2013
AMENDED IN SENATE MARCH 11, 2013
INTRODUCED BY Senator Liu
FEBRUARY 6, 2013
An act to amend Sections 4019.2, 4101, 4102, 4103, 4104, 4105,
4108, 4109, 4110, 4111, 4112, 4121, 4129, 4130, 4131, 4131.5, 4133,
4134, 4135, 4136, and 4137 of the Penal Code, and to amend Sections
4951, 4952, 4953, 4956, and 4957 of, and to add
Section 4959 to, the Public Resources Code, relating to conservation
camps.
LEGISLATIVE COUNSEL'S DIGEST
SB 188, as amended, Liu. Conservation camps: county-operated
camps.
Existing law establishes the California Conservation Camp program
to provide for the training and use of the inmates and wards assigned
to conservation camps in the furtherance of public conservation.
Existing law requires the Department of Forestry and Fire Protection
to use inmates and wards assigned to conservation camps for fire
prevention, fire control, and other work of the department ,
and authorizes the department to enter into contracts or cooperative
agreements with a public agency, local, state, or federal, or with a
qualified nonprofit organization that has a demonstrated ability to
plan, implement, and complete a conservation project, and that meets
specified criteria as determined by the department, for the
performance of other conservation projects that are appropriate for
those public agencies or that nonprofit organization under policies
that are required to be established by the Prison Industry Authority
.
This bill would authorize the department and the
Department of Corrections and Rehabilitation to enter into contracts
and cooperative agreements for the performance of these conservation
projects, as prescribed. The bill would also authorize a
county sheriff or the director of the county department of
corrections to utilize inmates assigned to county conservation camps
in performing fire prevention, fire suppression and control, and
other work as may be assigned by the sheriff or the director of the
county department of corrections.
Existing law authorizes the establishment in each county of an
industrial farm or industrial road camp in which prisoners are held
in custody and required to work on the farm or camp, and prescribes
procedures for the adoption of a resolution by a county board of
supervisors before establishing such an industrial farm or road camp.
Existing law authorizes the legislative body of any incorporated
city to avail itself of the use of the industrial farm or road camp
upon adoption of a resolution and subject to reimbursing the county
for the care of the city's prisoners.
This bill would additionally authorize the establishment in each
county of a conservation camp, as defined. The bill would permit an
industrial farm, industrial road camp, or conservation camp to be
operated by the sheriff or the director of the county department of
corrections who would be required to establish administrative rules
consistent with the rules of the jail, or to be operated as an entity
separate from the county jail administered by a superintendent
subject to administrative rules adopted by the board of supervisors.
The bill would make existing statutory provisions that govern the
administration and operation of an industrial farm or industrial road
camp also applicable to a conservation camp. The bill would also
authorize a county to establish conservation camps for women
prisoners in accordance with prescribed requirements.
Existing law specifies that any inmate sentenced to county jail
who is assigned to a conservation camp by a sheriff and who is
eligible to earn one day of credit for every one day of incarceration
shall instead earn 2 days of credit for every one day of service.
This bill would make these provisions governing incarceration
credits applicable instead to any inmate sentenced to a county jail
who is assigned to a state- or county-operated conservation camp by a
sheriff or the director of the county department of corrections.
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. Section 4019.2 of the Penal Code is amended to read:
4019.2. (a) Notwithstanding any other law, an inmate sentenced to
county jail who is assigned to a state- or county-operated
conservation camp by a sheriff or the director of the county
department of corrections and who is eligible to earn one day of
credit for every one day of incarceration pursuant to Section 4019
shall instead earn two days of credit for every one day of service.
(b) Notwithstanding any other law, an inmate who has completed
training for assignment to a conservation camp or to a state or
county facility as an inmate firefighter or who is assigned to a
county or state correctional institution as an inmate firefighter and
who is eligible to earn one day of credit for every one day of
incarceration pursuant to Section 4019 shall instead earn two days of
credit for every one day served in that assignment or after
completing that training.
(c) In addition to credits granted pursuant to subdivision (a) or
(b), inmates who have successfully completed training for firefighter
assignments shall receive a credit reduction from his or her term of
confinement.
(d) The credits authorized in subdivisions (b) and (c) shall only
apply to inmates who are eligible after October 1, 2011.
SEC. 2. Section 4101 of the Penal Code is amended to read:
4101. In each county an industrial farm, industrial road camp, or
conservation camp may be established under this article.
SEC. 3. Section 4102 of the Penal Code is amended to read:
4102. Before establishing an industrial farm, industrial road
camp, or conservation camp in a county, the board of supervisors of
the county shall adopt a resolution of its intention so to do. The
resolution shall state an amount per person per day for which persons
from incorporated cities will be maintained on an industrial farm,
industrial road camp, or conservation camp. Certified copies of the
resolution shall be forwarded by the clerk of the board of
supervisors to the clerks of all incorporated cities within the
county.
SEC. 4. Section 4103 of the Penal Code is amended to read:
4103. (a) Upon receipt of the resolution as provided in Section
4102, the legislative body of any incorporated city wishing to avail
itself of the use of a proposed industrial farm, industrial road
camp, or conservation camp shall adopt a resolution setting forth the
following matters:
(1) The number of persons sentenced to imprisonment in the jail of
that city during the fiscal year last preceding the adoption of the
resolution of intention by the board of supervisors.
(2) The total number of days for which all persons were imprisoned
in the jail of the city during that fiscal year.
(3) A declaration of the desire of the city adopting the
resolution to have the prisoners of the city cared for by the county
at the industrial farm, industrial road camp, or conservation camp
and of the agreement of the city to pay the county quarterly for the
care of the prisoners of the city at the rate set forth in the
resolution of intention.
(b) A certified copy of the resolution provided for in this
section shall be forwarded to the clerk of the board of supervisors.
SEC. 5. Section 4104 of the Penal Code is amended to read:
4104. A board of supervisors that has adopted a resolution of
intention to establish an industrial farm, industrial road camp, or
conservation camp shall ascertain and enter in its minutes the
following facts:
(a) The number of persons sentenced to imprisonment in the county
jail during the fiscal year last preceding the adoption of the
resolution of intention.
(b) The total number of days for which all persons were imprisoned
in the county jail during that fiscal year.
(c) The number of persons sentenced from the superior court of the
county to any state prison upon conviction of a violation of Section
270 or Section 270a during that fiscal year.
(d) The total number of days for which all persons sentenced to
state prison as described in subdivision (c) were imprisoned in state
prison during that fiscal year.
SEC. 6. Section 4105 of the Penal Code is amended to read:
4105. Upon ascertaining the facts provided for in Sections 4102
to 4104, inclusive, the board of supervisors may proceed to establish
an industrial farm, industrial road camp, or conservation camp. The
farm or camp may be established as part of the county jail, and, if
established, shall be operated by the sheriff or director of the
county department of corrections, or as an entity separate from the
county jail.
SEC. 7. Section 4108 of the Penal Code is amended to read:
4108. In a county in which an industrial farm, industrial road
camp, or conservation camp is established as an entity separate from
the county jail, the board of supervisors shall employ a
superintendent of that farm or camp and any other subordinate persons
as may be necessary for the proper administration of the farm or
camp and the keeping of the prisoners assigned to the farm or camp.
As part of the compensation to be agreed upon for that superintendent
and other persons, board and lodging may be furnished.
SEC. 8. Section 4109 of the Penal Code is amended to read:
4109. In a county in which the industrial farm, industrial road
camp, or conservation camp is made a part of the county jail, the
sheriff or director of the county department of corrections shall
establish rules governing the administration of the farm or camp
consistent with the rules of the jail. In a county in which the farm
or camp is established as an entity separate from the county jail,
the board shall adopt rules governing the administration of a farm or
camp formed under the provisions of this article and discipline at
that farm or camp in furtherance of the purposes of this article,
which rules shall be enforced by the superintendent and those
subordinate to him or her.
SEC. 9. Section 4110 of the Penal Code is amended to read:
4110. If women are to be assigned to an industrial farm or
conservation camp, the board of supervisors establishing it shall
provide at the farm or camp for separate quarters for women
prisoners, or may establish a separate farm or camp for women
prisoners. This section does not impose any requirement upon a county
to confine male and female prisoners in the same or an adjoining
facility or impose any duty upon a county to establish or maintain
programs that involve the joint participation of male and female
prisoners.
SEC. 10. Section 4111 of the Penal Code is amended to read:
4111. If a separate industrial farm or conservation camp for
women prisoners is established pursuant to Section 4105, it shall be
considered a part of the industrial farm or conservation camp of the
county within the meaning of all provisions of this article, except
that only women prisoners shall be admitted to it. A woman deputy
sheriff, assistant to the director of the county department of
corrections, or superintendent of a farm or camp shall be in
immediate charge of any farm or camp established for women prisoners
only.
SEC. 11. Section 4112 of the Penal Code is amended to read:
4112. When land has been acquired and those buildings and
structures erected and improvements made as may be immediately
necessary for the carrying out of the purposes of this article or
arrangements have been made for an industrial farm, industrial road
camp, or conservation camp, the board of supervisors shall adopt a
resolution proclaiming that an industrial farm, industrial road camp,
or conservation camp has been established in the county and
designating a day on and after which persons will be admitted to that
farm or camp. Certified copies of the resolution shall be forwarded
by the clerk of the board of supervisors to each superior court judge
in the county.
SEC. 12. Section 4121 of the Penal Code is amended to read:
4121. The cost of establishing and maintaining an industrial
farm, industrial road camp, or conservation camp formed under this
article shall be paid out of the county general fund. Any revenue
derived from the farm or camp, including that received from any city
for the care of its prisoners at the farm or camp, shall be paid into
the county general fund.
SEC. 13. Section 4129 of the Penal Code is amended to read:
4129. (a) For the purpose of making the payments designated in
this article, the board of supervisors shall, by order, provide the
sheriff, director of the county department of corrections, or
superintendent with a revolving fund. Upon order of the board of
supervisors, the county auditor shall draw a warrant in favor of the
sheriff, director of the county department of corrections, or
superintendent of an industrial farm, industrial road camp, or
conservation camp and the county treasurer shall cash it. Thereafter
the superintendent shall receive from the county general fund upon
demands supported by receipts all sums paid out by him or her under
this section and shall return all sums so received to the revolving
fund.
(b) Section 29323 of the Government Code is applicable to a
revolving fund established pursuant to this section.
SEC. 14. Section 4130 of the Penal Code is amended to read:
4130. So far as practicable, those in custody on an industrial
farm shall be employed in productive labor. The products of an
industrial farm shall be used for the following purposes, in order of
priority:
(a) To maintain the prisoners and employees on that farm.
(b) To supply other county institutions in need with the farm's
products.
(c) To supply other districts and municipal corporations in need
within the county with the farm's products.
(d) To supply the needs of paupers, incompetents, poor and
indigent persons, and those incapacitated by age, disease, or
accident with whose relief and support the county is charged.
SEC. 15. Section 4131 of the Penal Code is amended to read:
4131. Subject to regulations adopted by the board of supervisors,
the superintendent, sheriff, or director of the county department of
corrections shall maintain discipline at an industrial farm,
industrial road camp, or conservation camp. Whenever the
superintendent, sheriff, or director of the county department of
corrections reports to the county classification committee that
assigned a prisoner to an industrial farm, industrial road camp, or
conservation camp that the prisoner refuses to abide by the rules of,
or work at, the farm or camp, the committee may make an order
transferring the prisoner to the county jail or city jail for the
unexpired term of his or her sentence, and all sums credited to the
prisoner shall be forfeited by him or her unless they have been
ordered paid to some person dependent upon him or her. Thereafter the
committee may reassign the person to the industrial farm, industrial
road camp, or conservation camp, upon recommendation of the
superintendent, sheriff, or director of the county department of
corrections of the farm or camp.
SEC. 16. Section 4131.5 of the Penal Code is amended to read:
4131.5. Every person confined in, sentenced to, or serving a
sentence in a city or county jail, industrial farm, industrial road
camp, or conservation camp in this state, who commits a battery upon
the person of any individual who is not himself or herself a person
confined or sentenced therein, is guilty of a public offense and is
punishable by imprisonment pursuant to subdivision (h) of Section
1170, or in a county jail for not more than one year.
SEC. 17. Section 4133 of the Penal Code is amended to read:
4133. The boundary of every industrial farm, industrial road
camp, or conservation camp established under this article shall be
marked by a fence, a hedge, or some other visible line. Every person
confined at a farm or camp who escapes or attempts to escape from
that farm or camp shall upon conviction be imprisoned in the state
prison or a county jail, or assigned to an industrial farm,
industrial road camp, or conservation camp not to exceed one year.
This imprisonment or assignment shall begin at the expiration of the
imprisonment or assignment in effect at the time of the escape.
SEC. 18. Section 4134 of the Penal Code is amended to read:
4134. A board of supervisors that has established or desires to
establish an industrial farm, industrial road camp, or conservation
camp may at any time appoint an advisory board to consist of not less
than three nor more than five persons, one member of which shall be
a penologist and one member a physician.
SEC. 19. Section 4135 of the Penal Code is amended to read:
4135. The advisory board shall acquaint itself with the conduct
of the jails in the county, keep itself informed about the
administration of the industrial farm, industrial road camp, or
conservation camp and report its recommendations and suggestions to
the board of supervisors. It may visit any jail within the county,
examine the records thereof, and ascertain whether or not there are
any persons illegally committed to or detained at any jail.
The advisory board shall encourage recreational and educational
activities on the farm or camp.
SEC. 20. Section 4136 of the Penal Code is amended to read:
4136. Sections 4011, 4011.5, 4011.6, and 4011.7 are applicable to
county industrial farms, county industrial road camps, joint county
road camps, and conservation camps established pursuant to this
chapter.
SEC. 21. Section 4137 of the Penal Code is amended to read:
4137. The board of supervisors of any county in which a county
industrial farm, industrial road camp, conservation camp, or honor
camp has been established may, by ordinance, authorize the sheriff or
any such person responsible to the board for the care, treatment,
and custody of prisoners assigned to him or her as sentenced
misdemeanants or felons, serving time as a condition of probation, to
remove those prisoners from the facility to which they have been
assigned under custody, without court order, for purposes such as:
private medical, vision, or dental care, psychological care,
vocational services, educational services, and funerals.
SEC. 22. Section 4951 of the Public Resources Code is amended to
read:
4951. (a) In enacting this chapter, it is the purpose of the
Legislature to declare the existence of California Conservation Camp
programs, which include state and county conservation camp programs,
to provide for the training and use of the inmates and wards assigned
to conservation camps in the furtherance of public conservation.
(b) It is the policy of this state to require the inmates and
wards assigned to conservation camps to perform public conservation
projects, including, but not limited to, forest and brush fire
prevention and control, forest, brush, and watershed management,
recreation, fish and game management, soil conservation, and forest
and watershed revegetation.
(c) In order to effect the maximum possible conservation and
development of natural resources for the benefit of the people of
this state, whenever reasonably possible, conservation projects of a
multiple purpose nature shall be undertaken by the California
Conservation Camp programs. The various agencies concerned with
conservation projects shall consult and advise with each other to
promote these multiple-purpose conservation projects and in order to
achieve this goal may enter into those contracts as may be necessary.
(d) This chapter does not require a county to create or
participate in a county conservation camp program.
SEC. 23. Section 4952 of the Public Resources Code is amended to
read:
4952. As used in this chapter, "California Conservation Camps" or
"camps" means any camps now or hereafter established, as provided by
law, for the purpose of receiving prisoners committed to the custody
of the Secretary of the Department of Corrections and
Rehabilitation, the sheriff, or the director of the county department
of corrections and in which the work projects performed by the
inmates or wards are supervised by employees of either the
Department of Corrections and Rehabilitation
department , the board of supervisors, the sheriff, or the
director of the county corrections department in a county
participating in the operation of or operating a conservation camp
program.
SEC. 24. Section 4953 of the Public Resources
Code is amended to read:
4953. (a) The department shall utilize inmates and wards assigned
to conservation camps in performing fire prevention, fire control,
and other work of the department. At times it deems proper and on
terms it deems wise, the department and the Department of Corrections
and Rehabilitation may enter into contracts or cooperative
agreements with a public agency, local, state, or federal, or with a
qualified nonprofit organization that has a demonstrated ability to
plan, implement, and complete a conservation project and meets other
criteria, as determined by the department, for the performance of
other conservation projects that are appropriate for those public
agencies or that nonprofit organization under policies that shall be
established by the Prison Industry Authority. The charge for the
service shall be determined by the Secretary of the Department of
Corrections and Rehabilitation. All these contracts are subject to
the approval of the director and the Director of General Services.
(b) For the purposes of this section, "nonprofit organization"
means any California corporation exempt from taxation under Section
501(c)(3), 501(c)(4), or 501(c)(5) of the federal Internal Revenue
Code.
SEC. 25. SEC. 24. Section 4956 of
the Public Resources Code is amended to read:
4956. (a) The conditions of work to be performed under contracts
or agreements entered into pursuant to Section 4953 shall be
consistent with the requirements, as determined by the Secretary of
the Department of Corrections and Rehabilitation, for maintaining
control of inmates or wards committed to his or her respective
custody.
(b) A county sheriff or the director of the county department of
corrections may utilize inmates assigned to county conservation camps
in performing fire prevention, fire suppression and control, and
other work as may be assigned by the sheriff or the director of the
county department of corrections.
SEC. 26. SEC. 25. Section 4957 of
the Public Resources Code is amended to read:
4957. (a) Conservation camp inmates and wards may be utilized in
the rescue of lost or injured persons, the saving of life, and the
protection of property. The Department of Corrections and
Rehabilitation department , a
county sheriff, or the director of the county department of
corrections may cooperate with local agencies of government to
accomplish these purposes.
(b) The Department of Corrections and Rehabilitation
department , a county sheriff, or the director
of the county department of corrections may also, upon the request of
the appropriate local agency, utilize conservation camp inmates and
wards in the performance of watershed revegetation and related work
necessary to prevent flood damage to land resulting from the
destruction of vegetation by fire.
SEC. 27. SEC. 26. Section 4959 is
added to the Public Resources Code, to read:
4959. Conservation camp inmates or wards assigned to a California
Conservation Camp that is operated by the state or that is a
county-operated conservation camp under the direction of the county
sheriff or the director of the county department of corrections shall
be required to comply with the requirements of Section 4019.2 of the
Penal Code.
