2009 California Penal Code - Section 2717.1-2717.9 :: Article 1.5. Joint Venture Program

PENAL CODE
SECTION 2717.1-2717.9

2717.1.  Definitions.
   (a) For the purposes of this section, joint venture program means
a contract entered into between the Director of Corrections and any
public entity, nonprofit or for profit entity, organization, or
business for the purpose of employing inmate labor.
   (b) Joint venture employer means any public entity, nonprofit or
for profit entity, organization, or business which contracts with the
Director of Corrections for the purpose of employing inmate labor.

2717.2.  The Director of Corrections shall establish joint venture
programs within state prison facilities to allow joint venture
employers to employ inmates confined in the state prison system for
the purpose of producing goods or services. While recognizing the
constraints of operating within the prison system, such programs will
be patterned after operations outside of prison so as to provide
inmates with the skills and work habits necessary to become
productive members of society upon their release from state prison.

2717.3.  The Director of Corrections shall prescribe by rules and
regulations provisions governing the operation and implementation of
joint venture programs, which shall be in furtherance of the findings
and declarations in the Prison Inmate Labor Initiative of 1990.

2717.4.  (a) There is hereby established within the Department of
Corrections the Joint Venture Policy Advisory Board. The Joint
Venture Policy Advisory Board shall consist of the Director of
Corrections, who shall serve as chair, the Director of the Employment
Development Department, and five members, to be appointed by the
Governor, three of whom shall be public members, one of whom shall
represent organized labor and one of whom shall represent industry.
Five members shall constitute a quorum and a vote of the majority of
the members in office shall be necessary for the transaction of the
business of the board. Appointed members of the board shall be
compensated at the rate of two hundred dollars ($200) for each day
while on official business of the board and shall be reimbursed for
necessary expenses. The initial terms of the members appointed by the
Governor shall be for one year (one member), two years (two
members), three years (one member), and four years (one member), as
determined by the Governor. After the initial term, all members shall
serve for four years.
   (b) The board shall advise the Director of Corrections of policies
that further the purposes of the Prison Inmate Labor Initiative of
1990 to be considered in the implementation of joint venture
programs.

2717.5.  In establishing joint venture contracts the Director of
Corrections shall consider the impact on the working people of
California and give priority consideration to inmate employment which
will retain or reclaim jobs in California, support emerging
California industries, or create jobs for a deficient labor market.

2717.6.  (a) No contract shall be executed with a joint venture
employer that will initiate employment by inmates in the same job
classification as non-inmate employees of the same employer who are
on strike, as defined in Section 1132.6 of the Labor Code, as it
reads on January 1, 1990, or who are subject to lockout, as defined
in Section 1132.8 of the Labor Code, as it reads on January 1, 1990.
   (b) Total daily hours worked by inmates employed in the same job
classification as non-inmate employees of the same joint venture
employer who are on strike, as defined in Section 1132.6 of the Labor
Code, as it reads on January 1, 1990, or who are subject to lockout,
as defined in Section 1132.8 of the Labor Code, as it reads on
January 1, 1990, shall not exceed, for the duration of the strike,
the average daily hours worked for the preceding six months, or if
the program has been in operation for less than six months, the
average for the period of operation.
   (c) The determination that a condition described in paragraph (b)
above shall be made by the Director after notification by the union
representing the workers on strike or subject to lockout. The
limitation on work hours shall take effect 48 hours after receipt by
the Director of written notice of the condition by the union.

2717.7.  Notwithstanding Section 2812 of the Penal Code or any other
provision of law which restricts the sale of inmate-provided
services or inmate-manufactured goods, services performed and
articles manufactured by joint venture programs may be sold to the
public.

2717.8.  The compensation of prisoners engaged in programs pursuant
to contract between the Department of Corrections and joint venture
employers for the purpose of conducting programs which use inmate
labor shall be comparable to wages paid by the joint venture employer
to non-inmate employees performing similar work for that employer.
If the joint venture employer does not employ such non-inmate
employees in similar work, compensation shall be comparable to wages
paid for work of a similar nature in the locality in which the work
is to be performed. Such wages shall be subject to deductions, as
determined by the Director of Corrections, which shall not, in the
aggregate, exceed 80 percent of gross wages and shall be limited to
the following:
   (1) Federal, state, and local taxes.
   (2) Reasonable charges for room and board, which shall be remitted
to the Director of Corrections.
   (3) Any lawful restitution fine or contributions to any fund
established by law to compensate the victims of crime of not more
than 20 percent, but not less than 5 percent, of gross wages, which
shall be remitted to the Director of Corrections for disbursement.
   (4) Allocations for support of family pursuant to state statute,
court order, or agreement by the prisoner.

2717.9.  Notwithstanding any other provision of law, a prisoner who
participates in a joint venture program is ineligible for
unemployment benefits upon his or her release from prison based upon
participation in that program.

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