2009 California Penal Code - Section 2800-2818 :: Article 1. Prison Industry Authority

PENAL CODE
SECTION 2800-2818

2800.  Commencing July 1, 2005, there is hereby continued in
existence within the Department of Corrections and Rehabilitation the
Prison Industry Authority. As used in this article, "authority"
means the Prison Industry Authority. Commencing July 1, 2005, any
reference to the Department of Corrections shall refer to the
Department of Corrections and Rehabilitation.

2801.  The purposes of the authority are:
   (a) To develop and operate industrial, agricultural, and service
enterprises employing prisoners in institutions under the
jurisdiction of the Department of Corrections, which enterprises may
be located either within those institutions or elsewhere, all as may
be determined by the authority.
   (b) To create and maintain working conditions within the
enterprises as much like those which prevail in private industry as
possible, to assure prisoners employed therein the opportunity to
work productively, to earn funds, and to acquire or improve effective
work habits and occupational skills.
   (c) To operate a work program for prisoners which 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 one
which will provide goods and services which are or will be used by
the Department of Corrections, thereby reducing the cost of its
operation.

2802.   Commencing July 1, 2005, there is hereby continued in
existence within the Department of Corrections and Rehabilitation a
Prison Industry Board. The board shall consist of the following 11
members:
   (a) The Secretary of the Department of Corrections and
Rehabilitation, or his or her designee.
   (b) The Director of the Department of General Services, or his or
her designee.
   (c) The Secretary of Business, Transportation and Housing, or his
or her designee.
   (d) The Speaker of the Assembly shall appoint two members to
represent the general public.
   (e) The Senate Committee on Rules shall appoint two members to
represent the general public.
   (f) The Governor shall appoint four members. Of these, two shall
be representatives of organized labor, and two shall be
representatives of industry. The initial term of one of the members
appointed by the Speaker of the Assembly shall be two years, and the
initial term of the other shall be three years. The initial term of
one of the members appointed by the Senate Committee on Rules shall
be two years, and the initial term of the other shall be three years.
The initial terms of the four members appointed by the Governor
shall be four years. All subsequent terms of all members shall be for
four years. Each member's term shall continue until the appointment
and qualification of his or her successor.

2803.  The Secretary of the Department Corrections and
Rehabilitation shall be the chairperson of the board. The chairperson
shall be the administrative head of the board and shall exercise all
duties and functions necessary to insure that the responsibilities
of the board are successfully discharged. The board shall hold
meetings on the call of the chairperson or a majority of the board.
Six members of the board, including the chairperson, shall constitute
a quorum. The vote of a majority of the members serving on the board
is necessary for the transaction of the business of the board.

2804.  The appointed members of the board shall receive a per diem
to be determined by the chairperson, but not less than the usual per
diem rate allowed to the Department of Corrections and Rehabilitation
employees during travel out of state. All members, including the
chairperson, shall also receive their actual and necessary expenses
of travel incurred in attending meetings of the commission and in
making investigations, either as a board or individually as members
of the board at the request of the chairperson. All the expenses
shall be paid from the Prison Industries Revolving Fund.

2805.  The authority shall assume jurisdiction over the operation of
all industrial, agricultural, and service operations formerly under
the jurisdiction of the Correctional Industries Commission. In
addition, the authority shall have the power to establish new
industrial, agricultural and service enterprises which it deems
appropriate, to initiate and develop new vocational training
programs, and to assume jurisdiction over existing vocational
training programs. The authority shall have control over and the
power to buy and sell all equipment, supplies and materials used in
the operations over which it assumes control and jurisdiction.

2806.  There is hereby constituted a permanent revolving fund in the
sum of not less than seven hundred thirty thousand dollars
($730,000), to be known as the Prison Industries Revolving Fund, and
to be used to meet the expenses necessary in the purchasing of
materials and equipment, salaries, construction and cost of
administration of the prison industries program. The fund may also be
used to refund deposits either erroneously made or made in cases
where delivery of products cannot be consummated. The fund shall at
all times contain the amount of at least seven hundred thirty
thousand dollars ($730,000), either in cash or in receivables,
consisting of raw materials, finished or unfinished products,
inventory at cost, equipment, or any combination of the above. Money
received from the rendering of services or the sale of products in
the prisons and institutions under the jurisdiction of the Department
of Corrections and Rehabilitation pursuant to this article shall be
paid to the State Treasurer monthly and shall be credited to the
fund. At any time that the Secretary of the Department of Corrections
and Rehabilitation and the Director of Finance jointly determine
that the balance in that revolving fund is greater than is necessary
to carry out the purposes of the authority, they shall so inform the
Controller and request a transfer of the unneeded balance from the
revolving fund to the General Fund of the State of California. The
Controller is authorized to transfer balances upon request. Funds
deposited in the revolving fund are not subject to annual
appropriation by the Legislature and may be used without a time limit
by the authority.
   The Prison Industries Revolving Fund is not subject to the
provisions of Articles 2 (commencing with Section 13320) and 3
(commencing with Section 13335) of Chapter 3 of Part 3 of Division 3
of Title 2 of the Government Code.
   Any major capital outlay project undertaken by the authority
pursuant to this article shall be subject to review by the Public
Works Board pursuant to the provisions of Part 10.5 (commencing with
Section 15752) of Division 3 of Title 2 of the Government Code.

2807.  (a) The authority is hereby authorized and empowered to
operate industrial, agricultural, and service enterprises which will
provide products and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use.
Products may be purchased by state agencies to be offered for sale to
inmates of the department and to any other person under the care of
the state who resides in state-operated institutional facilities.
Fresh meat may be purchased by food service operations in state-owned
facilities and sold for onsite consumption.
   (b) All things authorized to be produced under subdivision (a)
shall be purchased by the state, or any agency thereof, and may be
purchased by any county, city, district, or political subdivision, or
any agency thereof, or by any state agency to offer for sale to
persons residing in state-operated institutions, at the prices fixed
by the Prison Industry Authority. State agencies shall make maximum
utilization of these products, and shall consult with the staff of
the authority to develop new products and adapt existing products to
meet their needs.

2808.  The board, in the exercise of its duties, shall have all of
the powers and do all of the things that the board of directors of a
private corporation would do, except as specifically limited in this
article, including, but not limited to, all of the following:
   (a) To enter into contracts and leases, execute leases, pledge the
equipment, inventory and supplies under the control of the authority
and the anticipated future receipts of any enterprise under the
jurisdiction of the authority as collateral for loans, and execute
other necessary instruments and documents.
   (b) To assure that all funds received by the authority are kept in
commercial accounts according to standard accounting practices.
   (c) To arrange for an independent annual audit.
   (d) To review and approve the annual budget for the authority, in
order to assure that the solvency of the Prison Industries Revolving
Fund is maintained.
   (e) To contract to employ a general manager to serve as the chief
administrative officer of the authority. The general manager shall
serve at the pleasure of the chairperson. The general manager shall
have wide and successful experience with a productive enterprise, and
have a demonstrated appreciation of the problems associated with
prison management.
   (f) To apply for and administer grants and contracts of all kinds.
   (g) To establish, notwithstanding any other provision of law,
procedures governing the purchase of raw materials, component parts,
and any other goods and services which may be needed by the authority
or in the operation of any enterprise under its jurisdiction. Those
procedures shall contain provisions for appeal to the board from any
action taken in connection with them.
   (h) To establish, expand, diminish, or discontinue industrial,
agricultural and service enterprises under the authority's
jurisdiction to enable it to operate as a self-supporting enterprise,
to provide as much employment for inmates as is feasible, and to
provide diversified work activities to minimize the impact on
existing private industry in the state.
   (i) To hold public hearings pursuant to subdivision (h) to provide
an opportunity for persons or organizations who may be affected to
appear and present testimony concerning the plans and activities of
the authority. The authority shall assure adequate public notice of
those hearings. No new industrial, agricultural, or service
enterprise which involves a gross annual production of more than
fifty thousand dollars ($50,000) shall be established unless and
until a hearing concerning the enterprise has been held by a
committee of persons designated by the board including at least two
board members. The board shall take into consideration the effect of
a proposed enterprise on California industry and shall not approve
the establishment of the enterprise if the board determines it would
have a comprehensive and substantial adverse impact on California
industry which cannot be mitigated.
   (j) To periodically determine the prices at which activities,
supplies, and services shall be sold.
   (k) To report to the Legislature in writing, on or before February
1 of each year, regarding:
   (1) The financial activity and condition of each enterprise under
its jurisdiction.
   (2) The plans of the board regarding any significant changes in
existing operations.
   (3) The plans of the board regarding the development of new
enterprises.
   (4) A breakdown, by institution, of the number of prisoners at
each institution, working in enterprises under the jurisdiction of
the authority, said number to indicate the number of prisoners which
are not working full time.

2809.  Notwithstanding any other provision of law, commencing July
1, 2005, the authority may recruit and employ civilian staff that may
be necessary to carry out the purposes of this article, and shall
establish recruiting, testing, hiring, promotion, disciplinary, and
dismissal procedures and practices which will meet the unique
personnel needs of the authority. The practices may include
incentives based on productivity, profit-sharing plans, or other
criteria which will encourage civilian employee involvement in the
productivity goals of the authority. The procedures and practices
shall apply to all employees working in enterprises under the
jurisdiction of the authority. The general manager shall be the
appointing authority for all personnel of the authority other than
the general manager.

2810.  Commencing July 1, 2005, the general manager, with the
approval of the Department of Finance, may authorize the borrowing of
money by the authority for purposes of any of the following:
   (a) Operating the business affairs of the authority.
   (b) Purchasing new equipment, materials and supplies.
   (c) Constructing new facilities, or repairing, remodeling, or
demolishing old facilities.
   Funds may be borrowed from private sources, upon those terms that
the Department of Finance deems appropriate, including but not
limited to, the use of equipment under the jurisdiction of the
authority, and of the future income of an enterprise under the
jurisdiction of the authority, as collateral to secure any loan.

2810.5.  Notwithstanding any other provision of law, commencing July
1, 2005, the Pooled Money Investment Board, or its successor, may
grant loans to the authority when money is appropriated for that
purpose by the Legislature, upon application by the Secretary of the
Department of Corrections and Rehabilitation, in order to finance the
establishment of a new industrial, agricultural, or service
enterprise. All loans shall bear the same interest rate as the pooled
money market investment rate and shall have a maximum repayment
period of 20 years from the date of approval of the loan.
   Prior to making its decision to grant a loan, the Pooled Money
Investment Board, or its successor, shall require the authority to
demonstrate all of the following:
   (a) The proposed industry project cannot be feasibly financed from
private sources under Section 2810. The authority shall present
proposed loan conditions from at least two private sources.
   (b) The proposed industry project cannot feasibly be financed from
proceeds from other Prison Industry Authority enterprises.
   (c) The proceeds from the proposed project provide for a
reasonable payback schedule to the General Fund.

2811.   Commencing July 1, 2005, the general manager shall adopt and
maintain a compensation schedule for inmate employees. That
compensation schedule shall be based on quantity and quality of work
performed and shall be required for its performance, but in no event
shall that compensation exceed one-half the minimum wage provided in
Section 1182 of the Labor Code, except as otherwise provided in this
code. This compensation shall be credited to the account of the
inmate.
   Inmate compensation shall be paid from the Prison Industries
Revolving Fund.

2812.  It is unlawful for any person to sell, expose for sale, or
offer for sale within this state, any article or articles
manufactured wholly or in part by convict or other prison labor,
except articles the sale of which is specifically sanctioned by law.
   Every person selling, exposing for sale, or offering for sale any
article manufactured in this state wholly or in part by convict or
other prison labor, the sale of which is not specifically sanctioned
by law, is guilty of a misdemeanor.

2813.  The director may provide for the manufacture of small
articles of handiwork by the prisoners out of raw materials purchased
by the prisoners with their own funds or funds borrowed from the
Inmates' Welfare Fund, or from raw materials furnished by the
director without compensation therefor as provided in this section
which articles may be sold to the public at the state prisons, in
public buildings, at fairs, or on property operated by nonprofit
associations. State-owned property shall not be given to prisoners
for use under this section, unless all proceeds from the sale thereof
shall be deposited in the Inmates' Welfare Fund. The director may
provide that all or a part of the sale price of all other articles
manufactured and sold under this section be deposited to the account
of the prisoner manufacturing the article.

2813.5.  Notwithstanding any other provision of this chapter except
subdivision (i) of Section 2808, and notwithstanding subdivision (l)
of Section 22851.3 of the Vehicle Code, the Director of Corrections
may provide for the inmates in trade and industrial education or
vocational training classes established under Section 2054 to restore
and rebuild donated salvageable and abandoned vehicles. If these
vehicles comply with Section 24007.5 of the Vehicle Code, they may be
sold at public auction to private persons. This activity shall be
subject to the public hearing requirements of subdivision (i) of
Section 2808 at any time that this activity involves a gross annual
production of more than fifty thousand dollars ($50,000).
   The proceeds of the sale after deduction of the cost of materials
shall be deposited in the Restitution Fund in the State Treasury and,
upon appropriation by the Legislature, may be used for
indemnification of victims of crimes.

2814.  Notwithstanding any provision of this chapter, products and
byproducts of agricultural and animal husbandry enterprises, except
nursery stock, may be sold to private persons, at public or private
sale, under rules prescribed by the board.

2815.   Commencing July 1, 2005, the authority may, under rules
prescribed by the Secretary of the Department of Corrections and
Rehabilitation, dispose of products developed from the operations of
industrial enterprises in prisons and institutions under the
jurisdiction of the authority by sale to foreign governments,
corporations for distribution in foreign countries, and private
persons or their agents in markets outside the United States and in
countries which permit the importation of prison-made goods. All
sales made pursuant to this section shall be reported to the
Legislature in the general manager's annual report pursuant to
Section 2808.

2816.  With the approval of the Department of Finance, there shall
be transferred to, or deposited in, the Prison Industries Revolving
Fund for purposes authorized by this section, money appropriated from
any source including sources other than state appropriations.
   Notwithstanding subdivision (i) of Section 2808, the Secretary of
the Department of Corrections and Rehabilitation may order any
authorized public works project involving the construction,
renovation, or repair of prison facilities to be performed by inmate
labor or juvenile justice facilities to be performed by ward labor,
when the total expenditure does not exceed the project limit
established by the first paragraph of Section 10108 of the Public
Contract Code. Projects entailing expenditure of greater than the
project limit established by the first paragraph of Section 10108 of
the Public Contract Code shall be reviewed and approved by the
chairperson, in consultation with the board.
   Money so transferred or deposited shall be available for
expenditure by the department for the purposes for which
appropriated, contributed or made available, without regard to fiscal
years and irrespective of the provisions of Sections 13340 and 16304
of the Government Code. Money transferred or deposited pursuant to
this section shall be used only for purposes authorized in this
section.

2817.  The Inmate and Ward Construction Revolving Account is hereby
created in the Prison Industries Revolving Fund, established in
Section 2806, to receive funds transferred or deposited for the
purposes described in Section 2816.

2818.  The New Industries Revolving Account is hereby created in the
Prison Industries Revolving Fund to receive General Fund or other
public money transferred or deposited for the purpose of financing
new enterprises or the expansion of existing enterprises. Money in
the fund may be disbursed by the board subject to the conditions
prescribed in Section 2810.5.


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