BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1890
                                                                  Page  1

          Date of Hearing:   April 11, 2000
          Counsel:                Gregory Pagan


                        ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                               Carl Washington, Chair

                  AB 1890 (Rod Pacheco) - As Amended:  April 3, 2000


           SUMMARY  :   Requires the California Department of Corrections  
          (CDC) to provide adequate security for work or fire crews  
          outside the prison grounds, and requires that distinctive  
          clothing be worn for identification purposes.   Specifically,  
           this bill  :  

          1)Requires the CDC to provide adequate security with respect to  
            prisoners who are working outside the prison grounds in road  
            clean-up crews or fire crews so as to ensure that prisoners do  
            not escape.

          2)States that CDC shall require that prisoners who are working  
            outside the prison grounds in road clean-up crews or fire  
            crews wear distinctive clothing for identification purposes. 

           EXISTING LAW  :

          1)States the CDC shall require of every able-bodied prisoner  
            imprisoned in any state prison as many hours of faithful labor  
            in each day and every day during his or her term of  
            imprisonment as shall be prescribed by the rules and  
            regulations of the CDC Director.  (Penal Code Section 2700.)    


          2)Authorizes the Department of Transportation to employ, or  
            cause to employ, prisoners confined in the state prisons in  
            the improvement and maintenance of any state highway.  (Penal  
            Code Section 2760.)

          3)Authorizes any department, division, bureau, or other agency  
            of the State of California to use convicts confined in the  
            state prisons to perform work necessary and proper to be done  
            by them at permanent, temporary, and mobile camps.  (Penal  
            Code Section 2780.)









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          4)Establishes the Prison Industry Authority for the purpose of  
            developing and operating industrial, agricultural, and service  
            enterprises employing prisoners in institutions under the  
            jurisdiction of CDC.  (Penal Code Sections 2800 and 2801.)

          5)Establishes within the CDC a joint-venture program allowing  
            private businesses to establish manufacturing and service  
            enterprises on prison property employing inmates confined in  
            the state prison.  (Penal Code Section 2117.2.)

           FISCAL EFFECT  :   Unknown



           COMMENTS  :   

           1)Author's Statement  .  According to the author, "Recently, an  
            inmate from the California Rehabilitation Center, a  
            medium-security facility in Norco, walked away from a fire  
            crew while assigned to clear away brush at the California  
            Citrus State Historic Park.  The prisoner later kidnapped a  
            16-year-old Riverside girl at gunpoint and forced her to drive  
            to Bakersfield where she finally escaped.

          "It is the practice of the CDC to use prisoners to work on fire  
            crews.  These crews are used throughout local communities and  
            are not staffed by correctional officers nor armed.   
            Additionally, prisoners on fire crews are not required to wear  
            distinctive clothing, which serves to warn the public they are  
            prisoners."

          "AB 1890 will require the CDC to provide adequate security for  
            fire and clean-up crews.  It will also require all prisoners  
            to wear distinctive clothing while working off prison grounds.  
             This measure will assure protection of the public by  
            increasing the security and supervision of work crew  
            prisoners, as well as ensuring their identification." 

           2)Background  .  In March 2000, an inmate at the California  
            Rehabilitation Center at Norco, California, walked away from a  
            fire crew that was clearing brush at the California Citrus  
            State Historic Park.  The inmate later kidnapped a 16-year-old  
            female and forced her to drive him to Bakersfield.

          According a  Press-Enterprise Newspaper  article dated March 25,  








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            2000, a California Department of Forestry (CDF) fire captain  
            was supervising the 18-member crew when the inmate walked  
            away.  The inmate and other crew members were wearing  
            prison-issued denim shirts and pants.  

          The newspaper further reported that when inmates are working  
            with city crews in Norco, they are required to wear bright  
            lime-green jump suits.  Inmates who work with fire crews are  
            required to wear bright-orange jump suits when they are on  
            actual fire lines, but they are allowed to wear their  
            prison-issue denim shirt and pants when they perform other  
            duties.  This bill requires that work and fire crews wear  
            distinctive clothing, and that adequate security be provided  
            to prevent escape. 

           3)Security Costs  .  The CDC camp program is operated by the CDF.   
            Inmates are housed in dormitories in various camps throughout  
            the state.  Those inmates in the firefighter program are  
            virtually all classified as Level 1, which is the lowest level  
            of security risk.  During the non-fire season, firefighter  
            inmates perform community service projects such as cleaning  
            parks and re-roofing buildings.  Correctional officers are  
            assigned to each camp, and there are two correctional officers  
            on duty each shift.  Work details and fire-lines are  
            supervised by CDF personnel, who are trained by the CDC to  
            prevent "walkaways".  CDF captains are required to conduct  
            inmate counts every half-hour.  According to CDC, there are  
            approximately 4,000 inmates assigned to camps.  The cost of  
            using correctional officers to provide security on work  
            details and fire-lines could be enormous.  If CDC cannot  
            absorb the costs of providing additional security, would this  
            jeopardize CDF's fire fighting capability?
            
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          California State Sheriffs' Association

           Opposition  

          None on File
           
          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  








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