2009 California Penal Code - Section 4200-4227 :: Article 2. Joint County Road Camp Act

PENAL CODE
SECTION 4200-4227

4200.  This article shall be known and may be cited as the Joint
County Road Camp Act.

4201.  Any two or more counties may form a district for the purpose
of requiring all persons confined in the county jails of such
counties, under a final judgment of imprisonment rendered in a
criminal action or proceeding, to perform labor on the public works
or public highways in all or any of such counties, and to maintain
for that purpose one or more joint county road camps in which such
jail prisoners of any or all of said counties may work together.

4202.  Any district organized under this article shall have and
exercise the powers expressly granted in this article, together with
such other powers as are reasonably implied therefrom and necessary
and proper to carry out the objects and purposes of this article.

4203.  The board of supervisors of any county may initiate
proceedings proposing the creation of a joint district for the
purpose of maintaining a joint county road camp or camps under the
provisions of this article to be composed of two or more counties
having a combined population of not less than 50,000 persons,
according to the official census next preceding the formation of such
district, by the adoption of a resolution reciting the following:
   (1) That it will be beneficial to the public interest to create a
joint district wherein persons confined in any county jail within
such district under a final judgment of imprisonment rendered in a
criminal action or proceeding may be required to perform labor on the
public works or ways within said district, and that a joint county
road camp or camps be established and maintained for that purpose.
   (2) The names of the counties proposed to be included in the
proposed district which will be benefited by the formation thereof.
   (3) That it is proposed to create a joint district for the
establishment and maintenance of a joint county road camp under the
provisions of this article composed of the counties so named.

4204.  When adopted certified copies of the resolution provided for
in Section 4203, shall be transmitted to the several clerks of the
boards of supervisors in each of the counties named in the resolution
other than that in which the proceedings are initiated.
   Upon the adoption of the resolution provided for in Section 4203,
the board of supervisors of the county adopting the same shall name
and appoint a member of the board to represent the county upon the
board of directors of the joint district proposed to be organized.

4205.  Upon receipt of the resolution adopted under Section 4203,
the boards of supervisors of the counties affected and to whom the
same may be directed shall consider the advisability of creating and
organizing a joint district as proposed in said resolution and, upon
determining the facts involved therein, shall severally adopt
resolutions either rejecting or approving the proposal to create such
joint district. Each resolution of approval shall, in addition to
the matter otherwise required therein, also name and appoint the
member of the board of supervisors of the county adopting the
resolution qualified to represent such county upon the board of
directors of the proposed joint district. A certified copy of the
resolution of approval shall be forthwith transmitted to the clerk of
the board of supervisors initiating the proceedings.

4206.  The board of supervisors of any county initiating proceedings
for the creation of a joint district under this article shall, after
the receipt of a copy of the resolution approving the proposal to
form such district as provided in Section 4205 from the board of
supervisors of each county proposed to be included within any such
joint district, adopt a resolution declaring the creation and
organization of said joint district and setting forth the names of
the counties composing said district. A certified copy of the
resolution shall be transmitted to and filed with the Secretary of
State, whereupon the joint district shall be deemed created and
organized and shall exercise all the powers granted in this article
and shall bear the name and designation of "Joint County Road Camp
District No. ________ of the State of California."

4207.  All districts organized under this article shall be numbered
in the order of their creation, the number to be assigned to said
district forthwith upon the organization thereof by the Secretary of
State, and the Secretary of State shall keep and maintain in his
office a list and register showing the joint county road camp
districts organized under this article.

4208.  The Secretary of State shall furnish and transmit to the
clerk of the board of supervisors of the county adopting the initial
resolution for the organization of any district under this article a
certificate of the organization of the same. Upon receipt of the
certificate the clerk shall within 10 days send a certified copy of
the certificate to each of the clerks of the several boards of
supervisors of the counties constituting the district, and shall also
within the time specified in this section notify each supervisor
appointed as a member of the board of directors of the district of
such fact and of the time and place of the first meeting of the board
of directors of the district. The time and place of the meeting
shall be fixed and determined by the clerk of the board adopting the
initial resolution, but said time of meeting shall be within 30 days
after the date of mailing notices thereof. The necessary expense
incurred by supervisors in attending and in going to and coming from
any meeting of the board of directors of the district shall
constitute a county charge of their respective counties.

4209.  The body formed under Section 4208 shall be called the board
of directors of such district.

4210.  The delegates from each county may enter into an agreement
with the other counties for and on behalf of the county appointing
them, binding said counties to the joint enterprise provided for in
this article and apportioning the cost of establishing and
maintaining a road camp or camps, such cost to be apportioned on the
basis of the population of the respective counties as determined by
the official declaration of the State Legislature determining the
population of counties next preceding such apportionment.

4211.  All sums found due from any county according to the
provisions of this article are a debt against said county, and may be
collected in the manner provided by law by the said board of
directors of a district formed under this article, or, in its behalf,
by the board of supervisors of any county in the district by an
action instituted and tried in any county in the district in which
the same may be first filed.

4212.  The board of directors may establish the road camp or camps
provided for in this article, and may furnish such camp or camps with
the necessary personnel and equipment to transport, feed, clothe,
shelter and lodge the prisoners who shall work therein and with the
necessary hand tools and appliances for their work, and may employ
one or more persons to supervise the camp and the work of the
prisoners.

4213.  Each county in a district formed under this article shall pay
from its general fund its proportionate share to the board of
directors of such amount as the board may designate to constitute a
cash revolving fund to carry on the work and expense of maintaining
such camp or camps. Each month a statement of the expense of the camp
shall be sent to the board of supervisors of each county in the
district, together with a claim for its proportionate share of
expenses. Amounts when received shall be paid into the cash revolving
fund.

4214.  Within 15 days after any person is confined in the county
jail of any county within a district under a final judgment of
imprisonment rendered in a criminal action or proceeding, the county
parole commissioners of such county shall meet and determine whether
he should be paroled to work in the joint county road camps
established under this article. If it appears to the commissioners
that a prisoner is a fit subject for parole to a camp formed under
this article, they shall forthwith parole him with the requirement
that he perform labor in such joint county road camp wherever it may
then be situated, or may thereafter be moved to during his term of
imprisonment, and he shall forthwith be transferred by the sheriff of
the county in which he is confined to said road camp at the expense
of the county in which he was sentenced to imprisonment.

4215.  The boards of directors of joint county road camp districts
may contract with the State Department of Public Works for the
employment of jail prisoners in the construction, improvement, or
maintenance of any portion of any state highway now existing, to be
constructed, or under construction within said district and may also
contract with any board of supervisors or with any supervisor of any
road district, within said district, for the employment of jail
prisoners on any county road or county public work within any county
or road district lying within any district created under this
article.

4216.  When the prisoners of a road camp are engaged in the
construction or maintenance of any portion of the state highway the
expense of maintaining them together with the compensation of such
prisoners fixed by the board of directors as provided in this
article, and the expense of supervision and maintenance of the road
camp and the prisoners thereof, shall be paid for by the district and
the State Department of Public Works upon such terms and in such
proportions as may be agreed upon by the Department of Public Works
and the district.

4217.  Any money expended by the Department of Public Works under
the provisions of this article shall be taken from any funds
available for the construction or maintenance of the highway upon
which the prisoners of the district labor.

4218.  The State Department of Public Works may contract with the
boards of directors of the joint districts created under this article
for all the purposes stated in this article.

4219.  When a joint road camp, and the prisoners thereof, are
employed in the construction or maintenance of any county way, road
or public work, the total expense of maintenance, operation and
supervision, of said camp, and the compensation of the prisoners
thereof shall be paid for from any funds which may be available for
the construction or maintenance of such road, highway or other public
works on which said prisoners are employed, or from the county
general fund upon a four-fifths vote of the board of supervisors of
said county.

4220.  All payments provided for in Section 4219 shall be made by
warrants drawn on the proper fund in favor of "Joint County Road Camp
District No. ________" (inserting the number assigned by the
Secretary of State), and shall become a portion of the revolving fund
provided for in this article.

4221.  Whenever the revolving fund provided for in this article
after payment of all bills due against a district exceeds twenty
thousand dollars ($20,000) or exceeds such lesser sum as the board of
directors shall determine to be a sufficient working fund for the
purposes of this article, the board shall apportion such surplus to
be repaid to the counties forming the district, in the same
proportion in which they are required to contribute to the revolving
fund in the first instance, the payments to go into the county
general funds of such counties.

4222.  The board of directors may make such rules as it deems proper
for the government of camps and the conduct of prisoners therein and
may fix a reasonable compensation, not to exceed seventy-five cents
($0.75) per day, for each prisoner performing labor in a camp.

4223.  Each prisoner shall be charged with the cost of all tools and
appliances for the performance of labor which are furnished to him,
and upon his release or discharge from a camp, he shall deliver to
the superintendent thereof all tools and appliances for which he is
charged and shall thereupon be entitled to full credit for the cost
of the tools and appliances so returned. The cost of any appliances
and tools not returned as provided in this section shall be deducted
from the compensation due the prisoner.

4224.  All sums earned by any prisoner may be retained until he has
completed his sentence, or until he is released or discharged, and
shall thereupon be paid to him. If any prisoner has dependents, his
compensation shall be paid to such dependents monthly as earned.

4225.  The board of supervisors of any county not included within
any joint county road camp district, and having a population of
150,000 or more persons, may establish and maintain a county road
camp as provided in this article, and may provide a board of
directors thereof, by passing the resolution and receiving the
certificate of organization provided for in this article.

4226.  The board of supervisors of any county covered by Section
4225 shall nominate three of its members to serve as directors of the
district formed thereunder, and such directors shall have and
exercise all the powers and perform all the duties granted to and
imposed by this article upon boards of directors of joint county road
camp districts, and such county shall constitute, and be recognized
and dealt with in all respects as a joint county road camp district
within the meaning of this article.

4227.  A joint county road camp district formed under this article
may be dissolved in the following manner:
   1. The board or boards of supervisors of a county or counties
containing more than fifty percent (50%) of the population of the
entire district shall by a unanimous vote adopt a resolution stating
that the existence of a county road camp is no longer desirable for
the public welfare and announcing the intention to withdraw therefrom
and to dissolve said district.
   2. The resolution or resolutions so adopted shall be communicated
to the clerks of the boards of supervisors of all the counties
comprising the district and also to the Secretary of State.
   3. If it appears that the resolution was unanimously adopted by
the board or boards of supervisors in the counties desiring to
withdraw, and that such county or counties contain more than fifty
percent (50%) of the entire population in the district, the Secretary
of State shall thereupon certify to the clerks of the boards of
supervisors of the counties composing the district that the district
is dissolved.
   4. Thereupon the board of directors of the district shall within
90 days:
   (a) Abolish the road camp or camps;
   (b) Return all prisoners therein to their respective county jails;
   (c) Dispose of all equipment belonging to said camp or camps and
the district;
   (d) Render an accounting to the clerks of the boards of
supervisors of the counties composing such district of all sums of
money received and paid out since their last previous accounting,
including the balance of revolving fund on hand at said last previous
accounting;
   (e) Apportion and repay to said counties all sums of money then
remaining in their hands, and they shall thereupon be relieved of
further responsibility in said matter.


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