Bill Text: CA SB188 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Conservation camps: county-operated camps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB188 Detail]
Download: California-2013-SB188-Introduced.html
Bill Title: Conservation camps: county-operated camps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB188 Detail]
Download: California-2013-SB188-Introduced.html
BILL NUMBER: SB 188 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 6, 2013
An act to amend Sections 4019.2, 4101, 4102, 4103, 4104, 4105,
4108, 4109, 4110, 4111, 4112, 4121, 4129, 4130, 4131, 4131.5, 4133,
4134, 4135, 4136, and 4137 of the Penal Code, and to amend Sections
4951, 4952, 4953, 4956, and 4957 of, and to add Section 4959 to, the
Public Resources Code, relating to conservation camps.
LEGISLATIVE COUNSEL'S DIGEST
SB 188, as introduced, Liu. Conservation camps: county-operated
camps.
Existing law establishes the California Conservation Camp program
to provide for the training and use of the inmates and wards assigned
to conservation camps in the furtherance of public conservation.
Existing law requires the Department of Forestry and Fire Protection
to use inmates and wards assigned to conservation camps for fire
prevention, fire control, and other work of the department, and
authorizes the department to enter into contracts or cooperative
agreements with a public agency, local, state, or federal, or with a
qualified nonprofit organization that has a demonstrated ability to
plan, implement, and complete a conservation project, and that meets
specified criteria as determined by the department, for the
performance of other conservation projects that are appropriate for
those public agencies or that nonprofit organization under policies
that are required to be established by the Prison Industry Authority.
This bill would instead require that the Department of Corrections
and Rehabilitation utilize inmates and wards assigned to
conservation camps in performing fire prevention, fire control, and
other work of the Department of Forestry and Fire Protection, and
would authorize the department to enter into contracts and
cooperative agreements for the performance of these conservation
projects, as prescribed. The bill would also authorize a county
sheriff to utilize inmates assigned to county conservation camps in
performing fire prevention, fire suppression and control, and other
work as may be assigned by the sheriff.
Existing law authorizes the establishment in each county of an
industrial farm or industrial road camp in which prisoners are held
in custody and required to work on the farm or camp, and prescribes
procedures for the adoption of a resolution by a county board of
supervisors before establishing such an industrial farm or road camp.
Existing law authorizes the legislative body of any incorporated
city to avail itself of the use of the industrial farm or road camp
upon adoption of a resolution and subject to reimbursing the county
for the care of the city's prisoners.
This bill would additionally authorize the establishment in each
county of a conservation camp, as defined. The bill would permit an
industrial farm, industrial road camp, or conservation camp to be
operated by the sheriff or the director of the county department of
corrections who would be required to establish administrative rules
consistent with the rules of the jail, or to be operated as an entity
separate from the county jail administered by a superintendent
subject to administrative rules adopted by the board of supervisors.
The bill would make existing statutory provisions that govern the
administration and operation of an industrial farm or industrial road
camp also applicable to a conservation camp. The bill would also
authorize a county to establish conservation camps for women
prisoners in accordance with prescribed requirements.
Existing law specifies that any inmate sentenced to county jail
who is assigned to a conservation camp by a sheriff and who is
eligible to earn one day of credit for every one day of incarceration
shall instead earn 2 days of credit for every one day of service.
This bill would make these provisions governing incarceration
credits applicable instead to any inmate sentenced to a county jail
who is assigned to a state- or county-operated conservation camp by a
sheriff.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4019.2 of the Penal Code is amended to read:
4019.2. (a) Notwithstanding any other law, any
an inmate sentenced to county jail who is
assigned to a state- or county-operated conservation camp
by a sheriff and who is eligible to earn one day of credit for every
one day of incarceration pursuant to Section 4019 shall instead earn
two days of credit for every one day of service.
(b) Notwithstanding any other law, any an
inmate who has completed training for assignment to a
conservation camp or to a state or county facility as an inmate
firefighter or who is assigned to a county or state correctional
institution as an inmate firefighter and who is eligible to earn one
day of credit for every one day of incarceration pursuant to Section
4019 shall instead earn two days of credit for every one day served
in that assignment or after completing that training.
(c) In addition to credits granted pursuant to subdivision (a) or
(b), inmates who have successfully completed training for firefighter
assignments shall receive a credit reduction from his or her term of
confinement.
(d) The credits authorized in subdivisions (b) and (c) shall only
apply to inmates who are eligible after October 1, 2011.
SEC. 2. Section 4101 of the Penal Code is amended to read:
4101. In each county an industrial farm or
, industrial road camp , or conservation camp
may be established under the provisions of this
article.
SEC. 3. Section 4102 of the Penal Code is amended to read:
4102. Before establishing an industrial farm or
, industrial road camp , or conservation
camp in any county a county, the
board of supervisors thereof of the county
shall adopt a resolution of its intention so to do. The
resolution shall state an amount per person per day for which persons
from incorporated cities will be maintained on an industrial farm
, industrial road camp, or conservation camp . Certified
copies of the resolution shall be forwarded by the clerk of the board
of supervisors to the clerks of all incorporated cities within the
county.
SEC. 4. Section 4103 of the Penal Code is amended to read:
4103. (a) Upon receipt of the resolution as
provided in Section 4102, the legislative body of any incorporated
city wishing to avail itself of the use of a proposed industrial farm
, industrial road camp, or conservation camp shall adopt
a resolution setting forth the following matters:
1.
(1) The number of persons sentenced to imprisonment in
the jail of such that city during the
fiscal year last preceding the adoption of the resolution of
intention by the board of supervisors;
supervisors.
2.
(2) The total number of days for which all
such persons were imprisoned in the jail of the city during
such that fiscal year;
year.
3.
(3) A declaration of the desire of the city adopting
the resolution to have the prisoners of the city cared for by the
county on the at the industrial farm
or , industrial road camp ,
or conservation camp and of the agreement of the city to
pay the county quarterly for the care of the prisoners of the city at
the rate set forth in the resolution of intention.
A
(b) A certified copy of the
resolution provided for in this section shall be forwarded to the
clerk of the board of supervisors.
SEC. 5. Section 4104 of the Penal Code is amended to read:
4104. Any A board of supervisors
having that has adopted a resolution of
intention to establish an industrial farm or
, industrial road camp , or conservation camp shall
ascertain and enter in its minutes the following facts:
(a) The number of persons sentenced to imprisonment in the county
jail during the fiscal year last preceding the adoption of the
resolution of intention.
(b) The total number of days for which all persons were imprisoned
in the county jail during that fiscal year.
(c) The number of persons sentenced from the superior court of the
county to any state prison upon conviction of a violation of Section
270 or Section 270a during that fiscal year.
(d) The total number of days for which all persons so
sentenced to state prisons prison
as described in subdivision (c) were
therein imprisoned in state prison during that
fiscal year.
SEC. 6. Section 4105 of the Penal Code is amended to read:
4105. Upon ascertaining the facts provided for in Sections 4102
to 4104, inclusive, the board of supervisors may proceed to establish
an industrial farm or , industrial
road camp , or conservation camp. The farm or camp may be
established as part of the county jail, and, if established, shall be
operated by the sheriff or director of the county department of
corrections, or as an entity separate from the county jail .
SEC. 7. Section 4108 of the Penal Code is amended to read:
4108. The In a county in which
an industrial farm, industrial road camp, or conservation camp is
established as an entity separate from the county jail, the
board of supervisors shall employ a superintendent of an
industrial that farm or camp and such
any other subordinate persons as may be
necessary for the proper administration thereof
of the farm or camp and the keeping of the prisoners
imprisoned thereon assigned to the farm or
camp . As part of the compensation to be agreed upon for
such that superintendent and other
persons persons, board and lodging may
be furnished.
SEC. 8. Section 4109 of the Penal Code is amended to read:
4109. The In a county in which the
industrial farm, industrial road camp, or conservation camp is made a
part of the county jail, the sheriff or director of the county
department of corrections shall establish rules governing the
administration of the farm or camp consistent with the rules of the
jail. In a county in which the farm or camp is established as an
entity separate from the county jail, the board shall
also adopt rules governing the administration of a farm or
camp formed under the provisions of this article and discipline
thereon at that farm or camp in
furtherance of the purposes of this article, which rules shall be
enforced by the superintendent and those subordinate to him or
her .
SEC. 9. Section 4110 of the Penal Code is amended to read:
4110. If women are to be sentenced
assigned to an industrial farm or conservation
camp , the board of supervisors establishing it shall provide
thereon at the farm or camp for
separate quarters for women prisoners, or may establish a separate
industrial farm or camp for women
prisoners. Nothing in the This section
shall be construed to does not impose
any requirement upon a county to confine male and female prisoners in
the same or an adjoining facility or impose any duty upon a county
to establish or maintain programs which that
involve the joint participation of male and female prisoners.
SEC. 10. Section 4111 of the Penal Code is amended to read:
4111. If a separate industrial farm or
conservation camp for women prisoners is established
pursuant to Section 4105, it shall be considered as
a part of the industrial farm or conservation camp
of the county within the meaning of all provisions of this
article, except that none but only
women prisoners shall be admitted to it. A woman assistant
to the deputy sheriff, assistant to the director of
the county department of corrections, or superintendent of
an industrial a farm or camp
shall be in immediate charge of any farm or camp
established for women prisoners only.
SEC. 11. Section 4112 of the Penal Code is amended to read:
4112. When land has been acquired and such
those buildings and structures erected and improvements
made as may be immediately necessary for the carrying out of the
purposes of this article or arrangements have been made for an
industrial farm, industrial road camp or camps
, or conservation camp, the board of supervisors
shall adopt a resolution proclaiming that an industrial farm
or , industrial road camp , or
conservation camp has been established in the county and
designating a day on and after which persons will be admitted to
such that farm or camp. Certified
copies of the resolution shall be forwarded by the clerk of the board
of supervisors to each superior court judge in the county.
SEC. 12. Section 4121 of the Penal Code is amended to read:
4121. The cost of establishing and maintaining an industrial farm
, industrial road camp, or conservation or
industrial road camp formed under this article shall be
paid out of the county general fund. Any revenue derived from
such the farm or camp, including that
received from any city for the care of its prisoners on said
at the farm or camp , shall be paid
into the county general fund.
SEC. 13. Section 4129 of the Penal Code is amended to read:
4129. (a) For the purpose of making the
payments designated in this article article,
the board of supervisors shall by order
shall, by order, provide the sheriff, director of the
county department of corrections, or superintendent with a
revolving fund. Upon order of the board of supervisors ,
the county auditor shall draw a warrant in favor of the sheriff,
director of the county department of corrections, or
superintendent of an industrial farm or ,
industrial road camp, or conservation camp and the county
treasurer shall cash it. Thereafter the superintendent shall receive
from the county general fund upon demands supported by receipts all
sums paid out by him or her under the provisions
of this section and shall return all sums so received to
the revolving fund.
The provisions of
(b) Section 29323 of the Government Code
are is applicable to a revolving fund
established pursuant to this section.
SEC. 14. Section 4130 of the Penal Code is amended to read:
4130. So far as practicable , those in custody on an
industrial farm shall be employed in productive labor. The products
of an industrial farm shall be used : first, to
for the following purposes, in order of priority:
(a) To maintain the prisoners and
employees on such farm; second, to
that farm.
(b) To supply other county
institutions having in need of
the same with the farm's products; third, to
supply products.
(c) To supply other districts and
municipal corporations in need within the county with
the farm's products.
(d) To supply the needs of
paupers, incompetents, poor and indigent persons and those
incapacitated by age, disease or accident with whose relief and
support the county is charged.
SEC. 15. Section 4131 of the Penal Code is amended to read:
4131. Subject to regulations adopted by the board of
supervisors supervisors, the superintendent
, sheriff, or director of the county department of corrections
shall maintain discipline on at an
industrial farm , industrial road camp, or conservation camp
. Whenever the superintendent , sheriff, or director of
the county department of corrections reports to the county
classification committee which that
assigned any a prisoner to an
industrial farm or , industrial road camp, or
conservation camp that the prisoner refuses to abide by the
rules of , or work at, the farm or camp
or refuses to work thereon , the committee may
make an order transferring the prisoner to the county jail or city
jail for the unexpired term of his or her sentence, and
all sums credited to the prisoner shall be forfeited by him or
her unless they have been ordered paid to some person dependent
upon him or her . Thereafter the committee may reassign
the person to the industrial farm or ,
industrial road camp , or conservation camp, upon
recommendation of the superintendent , sheriff, or director of
the county department of corrections of the farm or camp.
SEC. 16. Section 4131.5 of the Penal Code is amended to read:
4131.5. Every person confined in, sentenced to, or serving a
sentence in , a city or county jail, industrial
farm, or industrial road camp , or
conservation camp in this state, who commits a battery upon the
person of any individual who is not himself or herself a person
confined or sentenced therein, is guilty of a public offense and is
punishable by imprisonment pursuant to subdivision (h) of Section
1170, or in a county jail for not more than one year.
SEC. 17. Section 4133 of the Penal Code is amended to read:
4133. The boundary of every industrial farm , industrial
road camp, or conservation camp established under the
provisions of this article shall be marked by a fence,
hedge a hedge, or by
some other visible line. Every person confined on any
industrial at a farm or camp who
escapes therefrom or attempts to escape
therefrom from that farm or camp shall upon
conviction thereof be imprisoned in a
the state prison , or
in the a county jail , or
industrial assigned to an industrial
farm , industrial road camp, or conservation camp for not
to exceed one year. Any such This
imprisonment or assignment shall begin at the expiration
of the imprisonment or assignment in effect at the time of
the escape.
SEC. 18. Section 4134 of the Penal Code is amended to read:
4134. Any A board of supervisors
which that has established or desires
to establish an industrial farm or ,
industrial road camp , or conservation camp may at any
time appoint an advisory board to consist of not less than three nor
more than five persons, one member of which shall be a penologist and
one member a physician.
SEC. 19. Section 4135 of the Penal Code is amended to read:
4135. The advisory board shall acquaint itself with the conduct
of the jails in the county, keep itself informed about the
administration of the industrial farm or ,
industrial road camp, or conservation camp and
report its recommendations and suggestions to the board of
supervisors. It may visit any jail within the county, examine the
records thereof, and ascertain whether or not there are any persons
illegally committed to or detained at any jail.
The advisory board shall encourage recreational and educational
activities on the industrial farm or camp
.
SEC. 20. Section 4136 of the Penal Code is amended to read:
4136. Sections 4011, 4011.5, 4011.6 and 4011.7 are applicable to
county industrial farms, county industrial road camps, and
joint county road camps , and conservation camps
established pursuant to this chapter.
SEC. 21. Section 4137 of the Penal Code is amended to read:
4137. The board of supervisors of any county in which a county
industrial farm, industrial road camp, conservation camp,
or honor camp has been established may, by ordinance, authorize the
sheriff or any such person responsible to the board for the care,
treatment, and custody of prisoners assigned to him or her
as sentenced misdemeanants or felons, serving time as a condition of
probation, to remove such those
prisoners from the facility to which they have been assigned under
custody, without court order, for purposes such as: private medical,
vision, or dental care, psychological care, vocational services,
educational services, and funerals.
SEC. 22. Section 4951 of the Public Resources Code is amended to
read:
4951. (a) In enacting this chapter, it is
the purpose of the Legislature to declare the existence of a
California Conservation Camp program
programs, which include state and county conservation camp
programs, to provide for the training and use of the inmates
and wards assigned to conservation camps in the furtherance of public
conservation.
It
(b) It is the policy of this
state to require the inmates and wards assigned to such
conservation camps to perform public
conservation projects projects,
including, but not limited to, forest and brush fire
prevention and control, forest , brush, and watershed
management, recreation, fish and game management, soil conservation
, and forest and watershed revegetation.
In
(c) In order to effect the
maximum possible conservation and development of natural resources
for the benefit of the people of this state, whenever reasonably
possible, conservation projects of a multiple purpose nature shall be
undertaken by the California Conservation Camps
Camp programs . The various agencies concerned with
conservation projects shall consult and advise with each other to
promote these multiple-purpose conservation projects and in order to
achieve this goal may enter into such those
contracts as may be necessary.
(d) This chapter does not require a county to create or
participate in a county conservation camp program.
SEC. 23. Section 4952 of the Public Resources Code is amended to
read:
4952. As used in this chapter , "California
Conservation Camps" or "camps" means any camps now or hereafter
established, as provided by law, for the purpose of receiving
prisoners committed to the custody of the Director
Secretary of the Department of Corrections
Director of the Youth Authority, and in which the work
projects performed by the inmates or wards are supervised by
employees of the department and Rehabilitation or the
sheriff, and in which the work projects performed by the
inmates or wards are supervised by employees of either the Department
of Corrections and Rehabilitation, the board of supervisors, the
sheriff, or the director of the county corrections department in a
county participating in the operation of or operating a conservation
camp program .
SEC. 24. Section 4953 of the Public Resources Code is amended to
read:
4953. (a) The department Department of
Corrections and Rehabilitation shall utilize inmates and wards
assigned to conservation camps in performing fire prevention, fire
control, and other work of the department. At times it deems proper
and on terms it deems wise, the department
Department of Corrections and Rehabilitation may enter into
contracts or cooperative agreements with a public agency, local,
state, or federal, or with a qualified nonprofit organization that
has a demonstrated ability to plan, implement, and complete a
conservation project and meets other criteria, as determined by the
department, for the performance of other conservation projects that
are appropriate for those public agencies or that nonprofit
organization under policies that shall be established by the Prison
Industry Authority. The charge for the service shall be determined by
the director Secretary of the Department of
Corrections and Rehabilitation . All these contracts are
subject to the approval of the director and the Director of General
Services.
(b) For the purposes of this section, "nonprofit organization"
means any California corporation exempt from taxation under Section
501(c)(3), 501(c)(4), or 501(c)(5) of the federal Internal Revenue
Code.
SEC. 25. Section 4956 of the Public Resources Code is amended to
read:
4956. (a) The conditions of work to be
performed under such contracts or agreements
entered into pursuant to Section 4953 shall be consistent with
the requirements, as determined by the Director of
Corrections and the Director of the Youth Authority
Secretary of the Department of Corrections and Rehabilitation ,
for maintaining control of inmates or wards committed to
their his or her respective custody.
(b) A county sheriff may utilize inmates assigned to county
conservation camps in performing fire prevention, fire suppression
and control, and other work as may be assigned by the sheriff.
SEC. 26. Section 4957 of the Public Resources Code is amended to
read:
4957. (a) Conservation camp inmates and
wards may be utilized in the rescue of lost or injured persons, the
saving of life, and the protection of property. The
department Department of Corrections and
Rehabilitation or a county sheriff may cooperate with local
agencies of government to accomplish these purposes.
The department
(b) The Department of Corr
ections and Rehabilitation or a county sheriff may
also, upon the request of the appropriate local agency, utilize
conservation camp inmates and wards in the performance of watershed
revegetation and related work necessary to prevent flood damage to
land resulting from the destruction of vegetation by fire.
SEC. 27. Section 4959 is added to the Public Resources Code, to
read:
4959. Conservation camp inmates or wards assigned to a California
Conservation Camp that is operated by the state or that is a
county-operated conservation camp under the direction of the county
sheriff shall be required to comply with the requirements of Section
4019.2 of the Penal Code.
