Article 1. Employment Of Prisoners Generally of California Penal Code >> Title 1. >> Part 3. >> Chapter 5. >> Article 1.
The Department of Corrections 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 Director of Corrections.
Whenever by any statute a price is required to be fixed for any
services to be performed in connection with the work program of the
Department of Corrections, the compensation paid to prisoners shall
be included as an item of cost in fixing the final statutory price.
Prisoners not engaged on work programs under the jurisdiction of
the Prison Industry Authority, but who are engaged in productive
labor outside of such programs may be compensated in like manner. The
compensation of such prisoners shall be paid either out of funds
appropriated by the Legislature for that purpose or out of such other
funds available to the Department of Corrections for expenditure, as
the Director of Finance may direct.
When any prisoner escapes, the director shall determine what
portion of his or her earnings shall be forfeited and such forfeiture
shall be deposited in the State Treasury in a fund known as the
Inmate Welfare Fund of the Department of Corrections.
(a) The Department of Corrections is hereby authorized and
empowered to cause the prisoners in the state prisons of this state
to be employed in the rendering of services as are now, or may
hereafter be, needed by the state, or any political subdivision
thereof, or that may be needed for any state, county, district,
municipal, school, or other public use, or that may be needed by any
public institution of the state or of any political subdivision
thereof, or that may be needed for use by the federal government, or
any department, agency, or corporation thereof, or that may be needed
for use by the government of any other state, or any department,
agency, or corporation thereof, except for services provided by
enterprises under the jurisdiction of the Prison Industry Authority.
The Department of Corrections may enter into contracts for the
purposes of this article.
(b) The Department of Corrections may cause prisoners in the
prisons of this state to be employed in the rendering of emergency
services for the preservation of life or property within the state,
whether that property is owned by public entities or private
citizens, when a county level state of emergency has been declared
due to a natural disaster and the local governing board has requested
the assistance of the Department of Corrections.
No person imprisoned after conviction of a violation of
Section 502 or of subdivision (b) of Section 502.7 shall be permitted
to work on or have access to any computer system of the department.
All prisoners shall be employed under supervision of the
wardens respectively, and such skilled foremen as they may deem
necessary in the performance of work for the state.
The director is further authorized and empowered to purchase,
install, and equip, such machinery, tools, supplies, materials, and
equipment as may be necessary to carry out the provisions of this
No inmate of any State prison shall be employed in the
manufacture or production, of any article, intended for the private
and personal use of any State officer, or officer, or employee, of
any State institution; provided, that this act shall not prevent
repairing of any kind nor the employment of such inmates in household
or domestic work connected with such prison.
Whenever an inmate is paid for his labor, performed under the
supervision of the Department of Corrections or any other public
agency, and is discharged, all sums due him shall be paid upon
release. If an inmate is released on parole all sums due him shall be
paid to the inmate as prescribed by the director.
In addition to any other payment to which he is entitled by
law, each prisoner upon his release shall be paid the sum of two
hundred dollars ($200), from such appropriations that may be made
available for the purposes of this section.
The department may prescribe rules and regulations (a) to limit or
eliminate any payments provided for in this section to prisoners who
have not served for at least six consecutive months prior to their
release in instances where the department determines that such a
payment is not necessary for rehabilitation of the prisoner, (b) to
establish procedures for the payment of the sum of two hundred
dollars ($200) within the first 60 days of a prisoner's release, and
(c) to eliminate any payment provided for in this section to a
parolee who upon release has not been paid the entire amount
prescribed by this section and who willfully absconds after release
on parole, but before any remaining balance of the two hundred dollar
($200) release funds has been paid.
The provisions of this section shall not be applicable if a
prisoner is released to the custody of another state or to the
custody of the federal government.
The Department of Corrections and Rehabilitation shall
examine and report to the Legislature on whether the provisions of
existing law related to payments to inmates released from prison are
hindering the success of parolees and resulting in their rapid return
to prison for parole violations. The report shall specifically
examine whether the costs of transportation of the inmate from prison
to the parole location should be paid from the amounts specified in
Section 2713.1 or whether it should be paid separately by the
department. The department shall submit its findings and
recommendations to the Legislature on or before January 15, 2008.
Land belonging to the State of California may, with the
approval of the Department of Finance, be transferred to the
jurisdiction of the director for the purpose of establishing thereon
a prison farm and prisoners in the state prisons may be transferred
to such farm. Products from said farm shall first be used for
supplying the state prisons, prison camps, or the prison farm and any
surplus may be sold to any other state institution.
(a) The Director of Corrections may enter into agreements
with other state agencies for the use of inmates confined in the
state prisons to perform work necessary and proper to be done by them
in facilities of such state agencies for the purpose of vocational
training and the improvement of job skills preparatory to release.
(b) The director shall determine which prisoners shall be eligible
for such assignment and training.
(c) Suitable facilities for the housing, care, and feeding of the
inmates may be provided by the agency for whom the work is performed
at the location of such agency.
(d) The director shall have full jurisdiction over the discipline
and control of the inmates assigned.
(e) The provisions of Title 5 (commencing with Section 4500) of
Part 3 shall apply to all persons on such assignment.
The Department of Corrections shall require prisoners 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.