2005 California Penal Code Sections 2051-2060 Director of Corrections

2051.  The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and such contracts shall be limited to
bona fide dealers in the several classes of articles contracted for.
Contracts for such articles as the department may desire to contract
for, shall be given to the lowest bidder at a public letting
thereof, if the price bid is a fair and reasonable one, and not
greater than the usual value and prices.
   Each bid shall be accompanied by such security as the department
may require, conditional upon the bidder entering into a contract
upon the terms of his bid, on notice of the acceptance thereof, and
furnishing a penal bond with good and sufficient sureties in such sum
as the department may require, and to its satisfaction that he will
faithfully perform his contract.
   If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the
articles awarded to him when required, the proper officer of the
prison may buy other articles of the kind rejected or called for, in
the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against him.
   Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the County
of Sacramento, and in the county where the prison to be supplied is
situated.
   If all the bids made at such letting are deemed unreasonably high,
the department may, in its discretion, decline to contract and may
again advertise for such time and in such papers as it sees proper
for proposals, and may so continue to renew the advertisement until
satisfactory contracts are made; and in the meantime the department
may contract with anyone whose offer is regarded as just and
equitable, or may purchase in the open market.
   No bids shall be accepted, nor a contract entered into in
pursuance thereof, when such bid is higher than any other bid at the
same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at such lower bid.
   When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the State,
or it may divide the contract between the bidders as in its judgment
may seem proper and right.
   The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.
   The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion of
the department, faithfully complied therewith.
2052.  (a) The department shall have power to contract for the
supply of electricity, gas and water for said prisons, upon such
terms as the department shall deem to be for the best interests of
the state, or to manufacture gas or electricity, or furnish water
itself, at its option.  It shall also have power to erect and
construct or cause to be erected and constructed, electrical
apparatus or other illuminating works in its discretion with or
without contracting therefor, on such terms as it may deem just.  The
department shall have full power to erect any building or structure
deemed necessary by it, or to alter or improve the same, and to pay
for the same from the fund appropriated for the use or support of the
prisons, or from the earnings thereof, without advertising or
contracting therefor.
   (b) With respect to any facility under the jurisdiction of the
Prison Industry Authority, the Prison Industry Authority shall have
the same powers which are vested in the department pursuant to
subdivision (a).
2053.  (a) The Legislature finds and declares that there is a
correlation between prisoners who are functionally literate and those
who successfully reintegrate into society upon release.  It is
therefore the intent of the Legislature, in enacting "The Prisoner
Literacy Act," to raise the percentage of prisoners who are
functionally literate, in order to provide for a corresponding
reduction in the recidivism rate.
   (b) The Department of Corrections shall determine the reading
level of each prisoner upon commitment.
2053.1.  The Director of the Department of Corrections shall
implement in every state prison literacy programs that are designed
to ensure that upon parole inmates are able to achieve a ninth-grade
reading level.  The department shall prepare an implementation plan
for this program, and shall request the necessary funds to implement
this program as follows:
   (a) To make the program available to at least 25 percent of
eligible inmates in the state prison system by July 1, 1991.
   (b) To make the program available to at least 60 percent of
eligible inmates in the state prison system by January 1, 1996.
   In complying with the requirements of this section, the department
shall give strong consideration to computer assisted training and
other innovations which have proven to be effective in reducing
illiteracy of disadvantaged adults.
2053.4.  The Director of Corrections shall appoint a Superintendent
of Correctional Education, who shall oversee and administer all
prison education programs.  The Superintendent of Correctional
Education shall set both short-term and long-term goals for inmate
literacy and testing, and shall establish priorities for prison
education programs.
2054.  The Director of Corrections may establish and maintain
classes for inmates by utilizing personnel of the Department of
Corrections, or by entering into an agreement with the governing
board of a school district or private school or the governing boards
of school districts under which the district shall maintain classes
for such inmates.  The governing board of a school district or
private school may enter into such an agreement regardless of whether
the institution or facility at which the classes are to be
established and maintained is within or without the boundaries of the
school district.
   Any agreement entered into between the Director of Corrections and
a school district or private school pursuant to this section may
require the Department of Corrections to reimburse the school
district or private school for the cost to the district or private
school of maintaining such classes.  "Cost" as used herein includes
contributions required of any school district to the State Teachers'
Retirement System, but such cost shall not include an amount in
excess of the amount expended by the district for salaries of the
teachers for such classes, increased by one-fifth.  Salaries of such
teachers for the purposes of this section shall not exceed the
salaries as set by the governing board for teachers in other classes
for adults maintained by the district, or private schools.
   Attendance or average daily attendance in classes established
pursuant to this section or in classes in trade and industrial
education or vocational training for adult inmates of institutions or
facilities under the jurisdiction of the Department of Corrections
shall not be reported to the State Department of Education for
apportionment and no apportionment from the State School Fund shall
be made on account of average daily attendance in such classes.
   No school district or private school shall provide for the
academic education of adult inmates of state institutions or
facilities under the jurisdiction of the Department of Corrections
except in accordance with this section.
   The Legislature hereby declares that for each fiscal year funds
for the support of the academic education program for inmates of the
institutions or facilities under the jurisdiction of the Department
of Corrections shall be provided, upon appropriation by the
Legislature, to the Department of Corrections at the rate of forty
dollars ($40) multiplied by the total number of inmates which the
Department of Corrections estimates will be in such institutions or
facilities on December 31st of the fiscal year, except as provided in
Section 2054.1.
2054.1.  The rate specified in Section 2054 shall be further
increased or decreased in the same proportion as the median salaries
for full-time high school teachers in the public schools of this
State have increased or decreased since the 1956-57 Fiscal Year.
   "Median salaries" as used herein is the amount which the
Superintendent of Public Instruction reports will be paid to
full-time high school teachers in the public schools of this State
during the fiscal year.  Such reports shall be based upon information
compiled by the Department of Education on salaries of certificated
employees in the public schools of this State.
   This section applies only to the program of academic education for
inmates.
2055.  The Director of Corrections may, in his discretion, from time
to time insure any or all products produced at any prison or
institution under the jurisdiction of the Director of Corrections,
whether the products are finished or unfinished, the materials from
which such products are made or to be made, and the equipment
necessary for the production thereof, against any or all risks of
loss, wherever such products, materials, or equipment are located,
while in the possession of the Department of Corrections and while in
transit thereto or therefrom or in storage, in such amounts as the
director deems proper.  The cost of such insurance shall be paid from
the Correctional Industries Revolving Fund.
2056.  If any of the shops or buildings in which convicts are
employed require rebuilding or repair for any reason, they may be
rebuilt or repaired immediately, under the direction of the Prison
Industry Authority.
2059.  The department shall fix the compensation of its officers and
employees, other than those of wardens and clerks, at a gross rate
which shall include a cash allowance for board and lodging, but in no
case shall the money compensation, exclusive of the cash allowance
for board and lodging, be less than one hundred ten dollars ($110)
per month.  There shall be deducted from the gross salaries of the
officers and employees of the prison the value of any board, lodging,
services or supplies rendered or sold to each such officer or
employee.  The deduction for board and lodging shall not exceed the
cash allowance therefor.
2060.  For the purposes of Sections 11009 and 11030 of the
Government Code, the following constitute, among other proper
purposes, state business for officers and employees of the department
for which such officers and employees shall be allowed actual and
necessary traveling expenses when the state travel and expense have
been approved by the Governor and the Director of Finance as provided
in that section.
   Attending meetings of any national association or organization,
having as its principal purpose the study of matters relating to
penology, including prison management and paroles, or to a particular
field thereof, conferring with officers or employees of the United
States relative to problems relating to penology, including prison
management and paroles, in California, conferring with officers or
employees of other states engaged in the performance of similar
duties, and obtaining information useful to the department in the
conduct of its work.