BILL ANALYSIS                                                                                                                                                                                                    







                          SENATE COMMITTEE ON Public Safety
                             Senator John Vasconcellos, Chair   A
                                1999-2000 Regular Session       B

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          AB 1890 (Rod Pachaco)                                 0
          As Amended May 26, 2000 
          Hearing date:  June 13, 2000
          Penal Code
          SH:br

                        INMATES WORKING OUTSIDE PRISON GROUNDS

                          MANDATORY "DISTINCTIVE CLOTHING"

                                           
                                       HISTORY

          Source:  Author

          Prior Legislation: None

          Support: California State Sheriff's Association; Sheriff,  
          Riverside County

          Opposition:None known

          Assembly Floor Vote:  Ayes  74 - Noes  0



                                         KEY ISSUE
           
          SHOULD THE DEPARTMENT OF CORRECTIONS BE STATUTORILY MANDATED TO  
          REQUIRE THAT PRISONERS WHO ARE WORKING OUTSIDE THE PRISON GROUNDS IN  
          ROAD CLEANUP CREWS OR FIRE CREWS WEAR DISTINCTIVE CLOTHING FOR  
          IDENTIFICATION PURPOSES, AS SPECIFIED?





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                                       PURPOSE
          
          The purpose of this bill is to require that the Department of  
          Corrections shall require prisoners who are working outside the  
          prison grounds in road cleanup crews or fire crews wear  
          distinctive clothing for identification purposes, as specified.

           Existing law  provides that 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  2700.)

           Existing law  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  2760.)

           Existing law  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  2780.)

           Existing law  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  2800 and 2801.)

           Existing law  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  2117.2.)

           Existing law  creates the California Conservation Camp program  
          that provides for the training and use of the inmates and wards  
          assigned to conservation camps in the furtherance of public  
          conservation.  (Public Resource Code  4951 et seq.)
           




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          Existing law  establishes, under Director of Corrections, the  
          Sierra Conservation Center, the North Coast Conservation Center  
          and the Southern Conservation Center, referred collectively as  
          the "conservation centers."  (Penal Code  6200-6208.)

           Existing law  provides that work of inmates assigned to the  
          conservation centers may be performed at the conservation  
          centers or branches thereof or in or from permanent, temporary,  
          and mobile camps.  (Penal Code  6202.)

           Existing law  authorizes the Director to enter into contracts or  
          cooperative agreements with any public agency, local, state or  
          federal, for the performance of other conservation projects  
          which are appropriate for the public agencies under policies  
          established by the Prison Industry Authority.  (Penal Code   
          6202.)

           Existing law  provides that inmates and wards may be assigned to  
          perform public conservation projects, including, but not limited  
          to, forest fire prevention and control, forest and watershed  
          management, recreational area development, fish and game  
          management, soil conservation, and forest watershed  
          revegetation.  (Penal Code  6202.)
           
          Existing law  provides that any department, division, bureau,  
          commission or other agency of the State of California or the  
          Federal Government may use or cause to be used convicts confined  
          in the state prisons to perform work necessary and proper to be  
          done by them at permanent, temporary, and mobile camps, as  
          specified.  (Penal Code  2780-2792.)
           
          This bill  requires that the Department of Corrections shall  
          require prisoners who are working outside the prison grounds in  
          road cleanup crews or fire crews to wear distinctive clothing  
          for identification purposes, as specified.

                                      COMMENTS

          1.   Need for This Bill  





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          According to the author's statement in the Assembly analyses:

               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 custody staff.  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 all prisoners with  
               distinctive clothing while working off prison grounds.   
               This measure will assure protection of the public by  
               ensuring the identification of work crew prisoners.

          2.   Additional Background  

          The Assembly Committee on Public Safety analysis of this bill  
          contains the following additional 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 to a Press-Enterprise Newspaper article dated  
               March 25, 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  




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               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 at CDF Fire Camps  

          According to the Assembly Committee on Public Safety analysis of  
          this bill:

               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.

          CDF captains are required to conduct inmate counts every  
          half-hour.  Generally walkaways-or "escapes"-are not a serious  
          problem because (a) the inmates are low level security risks  
          with minimal time left to serve; and (b) most of the time the  
          crews are working in remote areas where there is nowhere to go  
          and few immediate temptations to stray.  There were 15 walkaways  
          in 1999.

          4.   CDC Training Centers and Camps  




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          There are two conservation centers, the California Correctional  
          Center (CCC) in Lassen County and the Sierra Conservation Center  
          (SCC) in Tuolomne County, and 38 conservation camps located  
          throughout the state.  The CDC jointly operates 33 conservation  
          camps with the California Department of Forestry (CDF), and an  
          additional 5 with the Los Angeles County Fire Department.  Only  
          minimum security inmates are considered for the camp program.   
          The total design bed capacity for the 38 camps is 3,908 inmates  
          and 182 authorized fire crews.

          Of the three centers mentioned in statute, only the Sierra  
          Center actually exists.  The CCC and the SCC are training  
          centers where inmates are medically cleared and reviewed by  
          classification committee staff.  The inmates undergo physical  
          fitness preparation by CDC staff and after meeting CDC  
          standards, graduate to the CDF training.  After 62 hours of CDF  
          training and meeting CDF standards, the inmates then move to one  
          of the 38 conservation camps.

          The camps mission is "to provide the cooperative agencies with  
          an able-bodied, trained work force for fire suppression and  
          other emergencies such as floods and earthquakes.  In addition,  
          fire crews work on conservation projects on public lands and  
          provide labor on local community services projects."

          During the 1980's prison construction boom in California, many  
          of the conservation camps were built.  Apparently, none have  
          been built in the 1990's.

          5.   Effect of This Bill  

          This bill applies the new statutory mandate for distinctive  
          clothing to inmates who are working outside the prison grounds  
          in road cleanup crews pursuant to Article 4 (commencing with  
          section 2760) or fire crews pursuant to Article 5 (commencing  
          with section 2780) to wear distinctive clothing for  
          identification purposes.  It does appear that inmates may be  
          assigned to work off prison property in other circumstances.   
          However, any expansion of this bill beyond the two  











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          circumstances delineated would also entail additional costs.   
          For example, the Assembly Appropriations Committee analysis  
          projected that the cost for distinctive uniforms for each of  
          the 4,000 current conservation camp inmates-procured or  
          purchased by the CDC-would be $25 apiece, with a cost of  
          $225,000 for 9,000 units.



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