SECTIONS 2051-2065 - California Statutes

PENAL CODE

SECTION 2051-2065

2051. The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and such contracts shall be limited to
bona fide dealers in the several classes of articles contracted for.
Contracts for such articles as the department may desire to contract
for, shall be given to the lowest bidder at a public letting thereof,
if the price bid is a fair and reasonable one, and not greater than
the usual value and prices.
Each bid shall be accompanied by such security as the department
may require, conditional upon the bidder entering into a contract
upon the terms of his bid, on notice of the acceptance thereof, and
furnishing a penal bond with good and sufficient sureties in such sum
as the department may require, and to its satisfaction that he will
faithfully perform his contract.
If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the
articles awarded to him when required, the proper officer of the
prison may buy other articles of the kind rejected or called for, in
the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against him.
Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the County
of Sacramento, and in the county where the prison to be supplied is
situated.
If all the bids made at such letting are deemed unreasonably high,
the department may, in its discretion, decline to contract and may
again advertise for such time and in such papers as it sees proper
for proposals, and may so continue to renew the advertisement until
satisfactory contracts are made; and in the meantime the department
may contract with anyone whose offer is regarded as just and
equitable, or may purchase in the open market.
No bids shall be accepted, nor a contract entered into in
pursuance thereof, when such bid is higher than any other bid at the
same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at such lower bid.
When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the State,
or it may divide the contract between the bidders as in its judgment
may seem proper and right.
The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.
The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion of
the department, faithfully complied therewith.

2052. (a) The department shall have power to contract for the
supply of electricity, gas and water for said prisons, upon such
terms as the department shall deem to be for the best interests of
the state, or to manufacture gas or electricity, or furnish water
itself, at its option. It shall also have power to erect and
construct or cause to be erected and constructed, electrical
apparatus or other illuminating works in its discretion with or
without contracting therefor, on such terms as it may deem just. The
department shall have full power to erect any building or structure
deemed necessary by it, or to alter or improve the same, and to pay
for the same from the fund appropriated for the use or support of the
prisons, or from the earnings thereof, without advertising or
contracting therefor.
(b) With respect to any facility under the jurisdiction of the
Prison Industry Authority, the Prison Industry Authority shall have
the same powers which are vested in the department pursuant to
subdivision (a).

2053. (a) The Legislature finds and declares that there is a
correlation between prisoners who are functionally literate and those
who successfully reintegrate into society upon release. It is
therefore the intent of the Legislature, in enacting "The Prisoner
Literacy Act," to raise the percentage of prisoners who are
functionally literate, in order to provide for a corresponding
reduction in the recidivism rate.
(b) The Department of Corrections shall determine the reading
level of each prisoner upon commitment.

2053.1. The Director of the Department of Corrections shall
implement in every state prison literacy programs that are designed
to ensure that upon parole inmates are able to achieve a ninth-grade
reading level. The department shall prepare an implementation plan
for this program, and shall request the necessary funds to implement
this program as follows:
(a) To make the program available to at least 25 percent of
eligible inmates in the state prison system by July 1, 1991.
(b) To make the program available to at least 60 percent of
eligible inmates in the state prison system by January 1, 1996.
In complying with the requirements of this section, the department
shall give strong consideration to computer assisted training and
other innovations which have proven to be effective in reducing
illiteracy of disadvantaged adults.

2053.4. The Director of Corrections shall appoint a Superintendent
of Correctional Education, who shall oversee and administer all
prison education programs. The Superintendent of Correctional
Education shall set both short-term and long-term goals for inmate
literacy and testing, and shall establish priorities for prison
education programs.

2054. The Director of Corrections may establish and maintain
classes for inmates by utilizing personnel of the Department of
Corrections, or by entering into an agreement with the governing
board of a school district or private school or the governing boards
of school districts under which the district shall maintain classes
for such inmates. The governing board of a school district or private
school may enter into such an agreement regardless of whether the
institution or facility at which the classes are to be established
and maintained is within or without the boundaries of the school
district.
Any agreement entered into between the Director of Corrections and
a school district or private school pursuant to this section may
require the Department of Corrections to reimburse the school
district or private school for the cost to the district or private
school of maintaining such classes. "Cost" as used herein includes
contributions required of any school district to the State Teachers'
Retirement System, but such cost shall not include an amount in
excess of the amount expended by the district for salaries of the
teachers for such classes, increased by one-fifth. Salaries of such
teachers for the purposes of this section shall not exceed the
salaries as set by the governing board for teachers in other classes
for adults maintained by the district, or private schools.
Attendance or average daily attendance in classes established
pursuant to this section or in classes in trade and industrial
education or vocational training for adult inmates of institutions or
facilities under the jurisdiction of the Department of Corrections
shall not be reported to the State Department of Education for
apportionment and no apportionment from the State School Fund shall
be made on account of average daily attendance in such classes.
No school district or private school shall provide for the
academic education of adult inmates of state institutions or
facilities under the jurisdiction of the Department of Corrections
except in accordance with this section.
The Legislature hereby declares that for each fiscal year funds
for the support of the academic education program for inmates of the
institutions or facilities under the jurisdiction of the Department
of Corrections shall be provided, upon appropriation by the
Legislature, to the Department of Corrections at the rate of forty
dollars ($40) multiplied by the total number of inmates which the
Department of Corrections estimates will be in such institutions or
facilities on December 31st of the fiscal year, except as provided in
Section 2054.1.

2054.1. The rate specified in Section 2054 shall be further
increased or decreased in the same proportion as the median salaries
for full-time high school teachers in the public schools of this
State have increased or decreased since the 1956-57 Fiscal Year.
"Median salaries" as used herein is the amount which the
Superintendent of Public Instruction reports will be paid to
full-time high school teachers in the public schools of this State
during the fiscal year. Such reports shall be based upon information
compiled by the Department of Education on salaries of certificated
employees in the public schools of this State.
This section applies only to the program of academic education for
inmates.

2054.2. The Department of Corrections and Rehabilitation shall
determine and implement a system of incentives to increase inmate
participation in, and completion of, academic and vocational
education, consistent with the inmate's educational needs as
identified in the assessment performed pursuant to Section 3020,
including, but not limited to, a literacy level specified in Section
2053.1, a high school diploma or equivalent, or a particular
vocational job skill. These incentives may be consistent with other
incentives provided to inmates who participate in work programs.

2055. The Director of Corrections may, in his discretion, from time
to time insure any or all products produced at any prison or
institution under the jurisdiction of the Director of Corrections,
whether the products are finished or unfinished, the materials from
which such products are made or to be made, and the equipment
necessary for the production thereof, against any or all risks of
loss, wherever such products, materials, or equipment are located,
while in the possession of the Department of Corrections and while in
transit thereto or therefrom or in storage, in such amounts as the
director deems proper. The cost of such insurance shall be paid from
the Correctional Industries Revolving Fund.

2056. If any of the shops or buildings in which convicts are
employed require rebuilding or repair for any reason, they may be
rebuilt or repaired immediately, under the direction of the Prison
Industry Authority.

2059. The department shall fix the compensation of its officers and
employees, other than those of wardens and clerks, at a gross rate
which shall include a cash allowance for board and lodging, but in no
case shall the money compensation, exclusive of the cash allowance
for board and lodging, be less than one hundred ten dollars ($110)
per month. There shall be deducted from the gross salaries of the
officers and employees of the prison the value of any board, lodging,
services or supplies rendered or sold to each such officer or
employee. The deduction for board and lodging shall not exceed the
cash allowance therefor.

2060. For the purposes of Sections 11009 and 11030 of the
Government Code, the following constitute, among other proper
purposes, state business for officers and employees of the department
for which such officers and employees shall be allowed actual and
necessary traveling expenses when the state travel and expense have
been approved by the Governor and the Director of Finance as provided
in that section.
Attending meetings of any national association or organization,
having as its principal purpose the study of matters relating to
penology, including prison management and paroles, or to a particular
field thereof, conferring with officers or employees of the United
States relative to problems relating to penology, including prison
management and paroles, in California, conferring with officers or
employees of other states engaged in the performance of similar
duties, and obtaining information useful to the department in the
conduct of its work.

2061. (a) The Department of Corrections and Rehabilitation shall
develop and implement, by January 15, 2008, a plan to address
management deficiencies within the department. The plan should, at a
minimum, address all of the following:
(1) Filling vacancies in management positions within the
department.
(2) Improving lines of accountability within the department.
(3) Standardizing processes to improve management.
(4) Improving communication within headquarters, between
headquarters, institutions and parole offices, and between
institutions and parole offices.
(5) Developing and implementing more comprehensive plans for
management of the prison inmate and parole populations.
(b) The department may contract with an outside entity that has
expertise in management of complex public and law enforcement
organizations to assist in identifying and addressing deficiencies.

2062. (a) The Department of Corrections and Rehabilitation shall
develop and implement a plan to obtain additional rehabilitation and
treatment services for prison inmates and parolees. The plan shall
include, but is not limited to, all of the following:
(1) Plans to fill vacant state staff positions that provide direct
and indirect rehabilitation and treatment services to inmates and
parolees.
(2) Plans to fill vacant staff positions that provide custody and
supervision services for inmates and parolees.
(3) Plans to obtain from local governments and contractors
services for parolees needing treatment while in the community and
services that can be brought to inmates within prisons.
(4) Plans to enter into agreements with community colleges to
accelerate training and education of rehabilitation and treatment
personnel, and modifications to the licensing and certification
requirements of state licensing agencies that can accelerate the
availability and hiring of rehabilitation and treatment personnel.
(b) The department shall submit the plan and a schedule for
implementation of its provisions to the Legislature by January 15,
2008.

2063. (a) It is the intent of the Legislature that the Department
of Corrections and Rehabilitation shall regularly provide operational
and fiscal information to the Legislature to allow it to better
assess the performance of the department in critical areas of
operations, including to both evaluate the effectiveness of
department programs and activities, as well as assess how efficiently
the department is using state resources.
(b) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee operational and fiscal information to be displayed
in the Governor's proposed budget. This information shall include
data for the three most recently ended fiscal years, and shall
include, but is not limited to, the following:
(1) Per capita costs, average daily population, and offender to
staff ratios for each of the following:
(A) Adult inmates housed in state prisons.
(B) Adult inmates housed in Community Correctional Facilities and
out-of-state facilities.
(C) Adult parolees supervised in the community.
(D) Juvenile wards housed in state facilities.
(E) Juvenile parolees supervised in the community.
(2) Total expenditures and average daily population for each adult
and juvenile institution.
(3) Number of established positions and percent of those positions
vacant on June 30 for each of the following classifications within
the department:
(A) Correctional officer.
(B) Correctional sergeant.
(C) Correctional lieutenant.
(D) Parole agent.
(E) Youth correctional counselor.
(F) Youth correctional officer.
(G) Physician.
(H) Registered nurse.
(I) Psychiatrist.
(J) Psychologist.
(K) Dentist.
(L) Teacher.
(M) Vocational instructor.
(N) Licensed vocational nurse.
(4) Average population of juvenile wards classified by board
category.
(5) Average population of adult inmates classified by security
level.
(6) Average population of adult parolees classified by supervision
level.
(7) Number of new admissions from courts, parole violators with
new terms, and parole violators returned to custody.
(8) Number of probable cause hearings, revocation hearings, and
parole suitability hearings conducted.
(9) For both adult and juvenile facilities, the number of budgeted
slots, actual enrollment, and average daily attendance for
institutional academic and vocational education and substance abuse
programs.
(10) Average population of mentally ill offenders classified by
Correctional Clinical Case Management System or Enhanced Outpatient
Program status, as well as information about mentally ill offenders
in more acute levels of care.
(c) No later than January 10 of each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee a supplemental report containing operational and
fiscal information in addition to data provided in subdivision (b).
To the extent possible and relevant, the department shall seek to
keep the categories of information provided the same each year so as
to provide consistency. This report shall contain information for the
three most recently ended fiscal years, and shall include, but is
not limited to, data on the operational level and outcomes associated
with the following categories:
(1) Adult prison security operations, including use of
disciplinary measures and special housing assignments such as
placements in administrative segregation, Security Housing Units, and
sensitive needs yards, identifying these placements by offender
categories such as security level and mental health classification.
(2) Adult prison education and treatment programs, including
academic education, vocational training, prison industries, substance
abuse treatment, and sex offender treatment.
(3) Adult prison health care operations, including medical,
mental, and dental health.
(4) Adult parole operations, including number of discharges from
parole supervision and provision of various treatment and sanction
programs.
(5) Board of Parole Hearings, including the total number of parole
suitability hearings scheduled for inmates serving life sentences
each year, the number of parole suitability hearings postponed each
year and the reasons for postponement, and the backlog of parole
suitability hearings.
(5.1) Board of Parole Hearings, including the total number of
adult parole revocation cases with probable cause hearings scheduled
each year, the percent of parole revocation cases with probable cause
hearings held within 10 business days, as well as the percent of
adult parole revocation cases completed within 35 calendar days.
(6) Juvenile institution security operations, including use of
disciplinary measures and special housing assignments such as special
management programs, as well as the impact of time that adds or cuts
the length of confinement.
(7) Juvenile institutional education and treatment programs,
including academic education, vocational training, substance abuse
treatment, and sex offender treatment.
(8) Juvenile institutional health care operations, including
medical, mental, and dental health.
(9) Juvenile parole operations, including the number of juvenile
parolees returned to state institutions and provision of various
treatment and sanction programs.
(9.1) Juvenile Parole Board, including juvenile parole revocation
hearings.
(d) To the extent any of the information in subdivision (b) or (c)
falls under the purview of the federally appointed receiver over
medical care services, the Department of Corrections and
Rehabilitation shall, to the best of its ability, coordinate with the
receiver in obtaining this information.

2064. (a) It is the intent of the Legislature that the Department
of Corrections and Rehabilitation shall regularly provide to the
Legislature information on the outcomes of department operations and
activities to allow the Legislature to better assess the performance
of the department, including both to evaluate the effectiveness of
department programs and activities, as well as to assess how
efficiently the department is using state resources.
(b) No later than January 10 each year, the Department of
Corrections and Rehabilitation shall provide to the Joint Legislative
Budget Committee an annual report on the outcomes of department
operations and activities specified in the supplemental report of the
annual Budget Act for the current fiscal year. At a minimum, for
each performance measurement included in the supplemental report of
the annual Budget Act for the current fiscal year, the department's
report shall include data for the three most recently ended fiscal
years, as well as establish target performance goals for each
performance measurement for the current fiscal year identified in the
supplemental report of the annual Budget Act and in the department's
long-term strategic plan, if included in the strategic plan. If
target performance goals stated in the prior department report have
not been achieved, the annual department report for the current
fiscal year shall include an explanation of why the target
performance goals were not achieved. The supplemental report of the
annual Budget Act may identify changes in the department's reporting
requirements; however, if no changes are identified in the
supplemental report of the annual Budget Act, the reporting
requirements shall be the same as those for the prior fiscal year.
(c) The department shall also post the full annual report required
by this section on its Internet Web site.

2065. (a) The Department of Corrections and Rehabilitation shall
complete all of the tasks associated with inmates granted medical
parole pursuant to Section 3550 that are specified in this section.
Subdivisions (c) and (d) shall apply only to the period of time that
inmates are on medical parole.
(b) The department shall seek to enter into memoranda of
understanding with the Social Security Administration and the State
Department of Health Care Services, in addition to other federal,
state, or county entities necessary to facilitate prerelease
agreements to help inmates initiate benefits claims.
(c) This subdivision shall be implemented in a manner that is
consistent with federal Medicaid law and regulations. The Director of
Health Care Services shall seek any necessary federal approvals for
the implementation of this subdivision. Claiming of federal Medicaid
funds shall be implemented only to the extent that federal approval,
if necessary, is obtained. If an inmate is granted medical parole and
found to be eligible for Medi-Cal, all of the following shall apply:
(1) The hospital shall first bill Medi-Cal to obtain any available
reimbursement.
(2) Upon providing an acceptable invoice, the department shall
reimburse county public hospitals on a quarterly basis for all of the
following:
(A) The nonfederal share of Medi-Cal costs incurred by the county
for individuals who have been granted medical parole.
(B) An amount equal to the county costs for providing health care
services that are not allowable under Medi-Cal but are required by
the state to be furnished to eligible individuals who have been
granted medical parole, including public guardianship health care
services.
(3) The department shall directly provide, or provide
reimbursement on a quarterly basis, after invoicing, for allowable
costs that cannot be claimed as Medi-Cal expenditures under targeted
case management and the nonfederal share of services associated with
public guardianship that can be claimed as Medi-Cal expenditures.
(4) The department may provide supplemental reimbursements to
providers amounting to a total reimbursement that is allowable
pursuant to Section 5023.5. These supplemental reimbursements may
only be paid to the extent they comply with federal and state law and
regulations. The Director of Health Care Services may work with the
department to modify these supplemental reimbursements to the extent
necessary to comply with federal and state law and regulations.
(5) The department and the State Department of Health Care
Services shall work together to do all of the following:
(A) Maximize federal financial participation for service costs,
administrative costs, and targeted case management costs incurred
pursuant to this section.
(B) Determine whether medical parolees shall be exempt from
mandatory enrollment in managed health care, including county
organized health plans, and determine the proper prior authorization
process for individuals who have been granted medical parole.
(6) The department may submit retroactive Medi-Cal claims to the
State Department of Health Care Services for allowable certified
public expenditures that have been reimbursed by the department. The
department shall work with the Director of Health Care Services to
ensure that any process established regarding the submission of
retroactive claims shall be in compliance with state and federal law
and regulations.
(d) If an inmate is granted medical parole and found to be
ineligible for Medi-Cal, all of the following shall apply:
(1) The department shall consider the income and assets of a
medical parolee to determine whether the individual has the ability
to pay for the cost of his or her medical care.
(2) If the individual is unable to pay the cost of their medical
care, the department shall establish contracts with appropriate
medical providers and pay costs that are allowable pursuant to
Section 5023.5.
(3) The department shall retain the responsibility to perform
utilization review and cost management functions that it currently
performs under existing contracts with health care facilities.
(4) The department shall directly provide, or provide
reimbursement for, services associated with public guardianship.
(e) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of the
Government Code, the department and the State Department of Health
Care Services may implement this section by means of all-facility
letters, all-county letters, or similar instructions, in addition to
adopting regulations, as necessary.