Bill Text: CA SB555 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Jails and juvenile facilities: communications, information, and commissary services: contracts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB555 Detail]
Download: California-2019-SB555-Amended.html
YESNO
Local Program:
YESNO
SEC. 3.
Bill Title: Jails and juvenile facilities: communications, information, and commissary services: contracts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB555 Detail]
Download: California-2019-SB555-Amended.html
|
Amended
IN
Senate
May 17, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 555 |
| Introduced by Senator Mitchell |
February 22, 2019 |
An act to amend Section 4025 of the Penal Code, and 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
SB 555, as amended, Mitchell.
Jails and juvenile facilities: telephone services: stores.
(1) Existing law allows the sheriff of each county to operate a store in connection with the county jail to sell confectionary, tobacco, postage and writing materials, and toilet articles to inmates of the jail. Existing law allows the sheriff to fix the sale prices of the articles offered for sale at the store. Existing law requires profits from the store to be deposited in the inmate welfare fund and requires the fund to be used primarily for the benefit, education, and welfare of inmates.
This bill would require the items in the store be offered at the cost paid to the vendor supplying the article. The bill would rename the inmate welfare fund the incarcerated peoples’ welfare fund and would require money in the fund to be expended solely for the benefit, education, and welfare of inmates. The bill would require
articles offered for sale at the store to only be available for purchase by incarcerated people and not staff of the jail.
(2) 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 entered into or renewed on or after January 1, 2020, to provide telephone services or other communication 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 or
communication service. The bill would prohibit any contract to provide telephone services or communication 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 and other service 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. fees.
By requiring local agencies to amend these contracts, this bill 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4025 of the Penal Code is amended to read:4025.
(a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to inmates in the jail. Articles offered for sale at the store shall only be available for purchase by incarcerated people and not employees of the jail.(b) The sale prices of the articles offered for sale at the store shall
be offered at the cost paid to the vendor supplying the article.
(c) There shall also be deposited in the incarcerated peoples’ welfare fund 10 percent of all gross sales of inmate hobbycraft.
(d) There shall be deposited in the incarcerated peoples’ welfare fund any money, refund, rebate, or commission received from a telephone company, pay telephone provider, or other communication service provider when the money, refund, rebate, or commission is attributable to the use of pay telephones and other communication services which are primarily used by inmates while incarcerated.
(e) The money and property deposited in the incarcerated peoples’ welfare fund shall be expended by the sheriff
solely for the benefit, education, and welfare of the inmates confined within the jail. Incarcerated peoples’ welfare funds shall not be used to pay required county expenses of confining inmates in a local detention system, such as meals, clothing, housing, or medical services or expenses. An itemized report of these expenditures shall be submitted annually to the board of supervisors.
(f) The operation of a store within any other county adult detention facility which is not under the jurisdiction of the sheriff shall be governed by this section, except that the board of supervisors shall designate the proper county official to exercise the duties otherwise allocated in this section to the sheriff.
(g) The operation of a store within any city adult
detention facility shall be governed by this section, except that city officials shall assume the respective duties otherwise outlined in this section for county officials.
(h) The treasurer may, pursuant to Article 1 (commencing with Section 53600), or Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, deposit, invest, or reinvest any part of the incarcerated peoples’ welfare fund, in excess of that which the treasurer deems necessary for immediate use. The interest or increment accruing on these funds shall be deposited in the
incarcerated peoples’ welfare fund.
(i) The sheriff may expend money from the incarcerated peoples’ welfare fund to provide indigent inmates, prior to release from the county jail or any other adult detention facility under the jurisdiction of the sheriff, with essential clothing and transportation expenses within the county or, at the discretion of the sheriff, transportation to the inmate’s county of residence, if the county is within the state or within 500 miles from the county of incarceration. This subdivision does not authorize expenditure of money from the incarcerated peoples’ welfare fund for the transfer of any inmate to the custody of any other law enforcement official or jurisdiction.
SEC. 2.
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 or any communication services using video or other types of electronic devices to a 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 or communication service. A county may require a telephone service provider or other communication 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 or other communication 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 and other service rates shall be reduced in response to the elimination of commission fees.
(d)All current telephone contracts and communication service contracts that provide telephone services or other communication services to any person detained or sentenced to a jail or juvenile facility shall be amended to eliminate commissions and other payments. Contracts that provide free communication services are exempt from this requirement.
(d) This section applies only to contracts entered into or renewed on or after January 1, 2020.
(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
provide an incentive for the procurement of contracts, but does not include grants and other payments that do not increase the cost of telephone calls or communication services billed to consumers.
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.
