SECTIONS 2760-2772 - California Statutes

PENAL CODE

SECTION 2760-2772

2760. The Department of Transportation of the State of California
may employ or cause to be employed, prisoners confined in the state
prisons in the improvement and maintenance of any state highway.

2760.1. "Department," as used in this article, means the Department
of Transportation.

2761. The Director of Corrections shall determine which prisoners
shall be eligible for employment by the Department of Transportation
in the improvement and maintenance of state highways, and shall
establish lists of prisoners eligible for such employment. Upon the
requisition of said department, the Director of Corrections shall
send to the place and at the time designated the number of prisoners
requisitioned or such number thereof as have been determined to be
eligible for such employment and are available.
The director may return to prison any prisoner transferred to camp
pursuant to this section, when the need for such prisoner's labor
has ceased or when the prisoner is guilty of any violation of the
rules and regulations of the prison or camp.

2762. The Director of Corrections shall fix a daily rate to be
expended for convict labor, and when so fixed, the Department of
Transportation shall monthly set aside funds to the director to pay
for this labor from funds appropriated in the Budget Act for this
purpose, and where no funds are available to the Department of
Transportation the director may set aside the department's own funds
to pay for this labor from funds appropriated in the Budget Act for
this purpose. The Department of Corrections shall set up an account
for each convict which shall be credited monthly with an amount
computed by multiplying the daily rate by the number of days such
convict actually performed labor during the month. Such account shall
be debited monthly with the convict's proportionate share of
expenses of camp maintenance, including the expenses for food,
medicine, medical attendance, clerical and accounting personnel, and
the expenses necessary to maintain care and welfare facilities such
as camp hospital for first aid, barbershop and cobbler shop, and the
convict's personal expenses covering his drawings from the commissary
for clothing, toilet articles, candy, and other personal items. The
charge for camp maintenance may be made at a standard rate determined
by the department maintaining the camps to be adequate to cover
expenses and shall be adjusted periodically at the discretion of the
department as needs of the camp require. No charge shall be made
against such account for the costs of transporting prisoners to and
from prison and camp or for the expense of guarding prisoners, which
items shall be paid by the Department of Corrections from
appropriations made for the support of the department. The director,
by regulation, may fix the maximum amount, over and above all
deductions, that a convict may receive. The Department of
Corrections, in computing the debits to be made to the convict's
accounts, may add not to exceed 10 percent on all items.

2765. When any prisoner shall wilfully violate the terms of his
employment or the rules and regulations of the Department of
Corrections, the Director of Corrections may in his discretion
determine what portion of all moneys earned by the prisoner shall be
forfeited by the said prisoner and such forfeiture shall be deposited
in the State Treasury in a fund known as the Inmate Welfare Fund of
the Department of Corrections.

2766. This article is not intended to restore, in whole or in part,
the civil rights of any prisoner used hereunder, and such article
shall not be so construed.

2767. No prisoner while engaged in such construction, maintenance
and improvement of a state highway shall drive a motor truck or other
vehicle or wagon outside of the limits established for the camp or
construction work.

2768. Said prisoners when employed under the provisions of this
article shall not be used for the purpose of building any bridge or
structure of like character which requires the employment of skilled
labor.

2770. The Department of Transportation shall designate and
supervise all road work done under the provisions of this article. It
shall provide, supervise and maintain necessary camps and
commissariat, except that where no funds are available to the
Department of Transportation, the director may provide, erect, and
maintain the necessary camps.

2771. The Director of Corrections shall have full jurisdiction at
all times over the discipline and control of the prisoners employed
on said roads.

2772. Any person who, without authority, interferes with or in any
way interrupts the work of any prisoners employed pursuant to this
article, and any person not authorized by law, who gives or attempts
to give to any prisoner so employed any controlled substances or any
intoxicating liquors of any kind whatever, or firearms, weapons or
explosives of any kind, is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in the state prison and
shall be disqualified from holding any state office or position in
the employ of this state. Any person who interferes with the
discipline or good conduct of any prisoner employed pursuant to this
article, while such prisoner is in the confines or limits of the
state prison road camp is guilty of a misdemeanor and upon conviction
thereof shall be punished by imprisonment in the county jail for a
term not more than six months, or by a fine of not more than two
hundred dollars ($200), or by both such fine and imprisonment. Any
peace officer or any officer or guard of any state prison or any
superintendent of such road work, having in charge the prisoners
employed upon such highways or state roads, may arrest without a
warrant any person violating any provisions of this article.