SECTIONS 4100-4137 - California Statutes

PENAL CODE

SECTION 4100-4137

4100. It is the purpose of this article to make possible the
substitution of constructive labor for profitless prison confinement
in order that those who are charged with or convicted of public
offenses and deprived of their liberty may become better citizens
because of their disciplinary experience.

4101. In each county an industrial farm or industrial road camp may
be established under the provisions of this article.

4102. Before establishing an industrial farm or industrial road
camp in any county the board of supervisors thereof shall adopt a
resolution of its intention so to do. The resolution shall state an
amount per person per day for which persons from incorporated cities
will be maintained on an industrial farm. Certified copies of the
resolution shall be forwarded by the clerk of the board of
supervisors to the clerks of all incorporated cities within the
county.

4103. Upon receipt of the resolution as provided in Section 4102,
the legislative body of any incorporated city wishing to avail itself
of the use of a proposed industrial farm shall adopt a resolution
setting forth the following matters:
1. The number of persons sentenced to imprisonment in the jail of
such city during the fiscal year last preceding the adoption of the
resolution of intention by the board of supervisors;
2. The total number of days for which all such persons were
imprisoned in the jail of the city during such fiscal year;
3. A declaration of the desire of the city adopting the resolution
to have the prisoners of the city cared for by the county on the
industrial farm or industrial road camp and of the agreement of the
city to pay the county quarterly for the care of the prisoners of the
city at the rate set forth in the resolution of intention.
A certified copy of the resolution provided for in this section
shall be forwarded to the clerk of the board of supervisors.

4104. Any board of supervisors having adopted a resolution of
intention to establish an industrial farm or industrial road camp
shall ascertain and enter in its minutes the following facts:
(a) The number of persons sentenced to imprisonment in the county
jail during the fiscal year last preceding the adoption of the
resolution of intention.
(b) The total number of days for which all persons were imprisoned
in the county jail during that fiscal year.
(c) The number of persons sentenced from the superior court of the
county to any state prison upon conviction of a violation of Section
270 or Section 270a during that fiscal year.
(d) The total number of days for which all persons so sentenced to
state prisons were therein imprisoned during that fiscal year.

4105. Upon ascertaining the facts provided for in Sections 4102 to
4104, inclusive, the board of supervisors may proceed to establish an
industrial farm or industrial road camp.

4106. For the purpose of establishing an industrial farm the board
of supervisors may acquire by condemnation, purchase, lease or
donation as many acres of land suitable for agriculture as may be
necessary for the purposes of the farm. Such land may be situate
within or without the county and may consist of separate parcels. If
the land is without the county no industrial farm may be established
thereon without the consent of the board of supervisors of the county
in which the land is located. The board of supervisors shall erect
on such land such buildings and structures and make such improvements
and institute such industries as are necessary or convenient to
carry out the purposes of this article.

4107. The board of supervisors shall secure by purchase or
otherwise personal property convenient or necessary to carry out the
purposes of this article. Stock, machinery, or any other property
belonging to the county and in use on the county farm or elsewhere
may be used on an industrial farm.

4108. The board of supervisors shall employ a superintendent of an
industrial farm or camp and such other subordinate persons as may be
necessary for the proper administration thereof and the keeping of
the prisoners imprisoned thereon. As part of the compensation to be
agreed upon for such superintendent and other persons board and
lodging may be furnished.

4109. The board shall also adopt rules governing the administration
of a farm or camp formed under the provisions of this article and
discipline thereon in furtherance of the purposes of this article,
which rules shall be enforced by the superintendent and those
subordinate to him.

4110. If women are to be sentenced to an industrial farm, the board
of supervisors establishing it shall provide thereon separate
quarters for women prisoners, or may establish a separate industrial
farm for women prisoners. Nothing in the section shall be construed
to impose any requirement upon a county to confine male and female
prisoners in the same or an adjoining facility or impose any duty
upon a county to establish or maintain programs which involve the
joint participation of male and female prisoners.

4111. If a separate farm for women prisoners is established it
shall be considered as a part of the industrial farm of the county
within the meaning of all provisions of this article, except that
none but women prisoners shall be admitted to it. A woman assistant
to the superintendent of an industrial farm shall be in immediate
charge of any farm established for women prisoners only.

4112. When land has been acquired and such buildings and structures
erected and improvements made as may be immediately necessary for
the carrying out of the purposes of this article or arrangements have
been made for an industrial road camp or camps, the board of
supervisors shall adopt a resolution proclaiming that an industrial
farm or road camp has been established in the county and designating
a day on and after which persons will be admitted to such farm or
camp. Certified copies of the resolution shall be forwarded by the
clerk of the board of supervisors to each superior court judge in the
county.

4114. Each county which establishes an industrial farm or camp
shall provide a county classification committee, which shall function
as follows:
(1) The sheriff shall appoint the members of this committee, which
may include members of his staff and qualified citizens of the
county. If there is a county jail physician, he shall be an ex
officio member of this committee. All committee members shall serve
without remuneration.
(2) The committee shall meet at least once weekly for the purpose
of assigning each person who has been sentenced to the county jail to
the proper degree of custody and treatment within one of the
available adult detention facilities operated by the county. Any
person assigned to medical treatment may decline such treatment and
provide other care or treatment for himself at his own expense.
(3) Each county prisoner serving a jail sentence of over 30 days
shall appear before the committee during the first third of his
sentence.
(4) City prisoners who have been recommended to the committee by
the chief of police may be transferred to the county industrial farm
or camp at the option of the committee.

4115. The county jail shall serve as the initial place of detention
for all adult persons committed to the custody of the sheriff,
except city prisoners who are transferred to a farm or camp by the
county classification committee.

4115.5. The board of supervisors of a county where adequate
facilities are not available for prisoners who would otherwise be
confined in its county adult detention facilities may enter into an
agreement with the board or boards of supervisors of one or more
nearby counties whose county adult detention facilities are adequate
and are readily accessible from the first county, permitting
commitment of misdemeanants, and any persons required to serve a term
of imprisonment in county adult detention facilities as a condition
of probation, to a jail in a county having adequate facilities that
is a party to the agreement. Such agreement must make provision for
support of a person so committed or transferred by the county from
which he is committed. When such an agreement is in effect
commitments may be made by the court and support of any such person
shall be a charge upon the county from which he is committed.

4116. No person shall be committed directly by any court to a
county industrial farm or camp except as provided in the Welfare and
Institutions Code. All other commitments shall be made to the sheriff
for placement in such county adult detention facility as the county
classification committee may designate.

4117. No person shall be transferred to an industrial farm or camp
unless he has appeared before the county classification committee and
has been assigned to that facility.

4118. The legislative body of any incorporated city located in a
county which has established an industrial farm or industrial road
camp may adopt and forward to the board of supervisors a certified
copy of a resolution stating that the city desires to have its
prisoners cared for on the industrial farm or camp and agrees to pay
therefor quarterly at a rate per prisoner per day, which rate shall
be set forth in the resolution.

4119. At its option the board of supervisors may adopt a resolution
stating that the county will care for the prisoners of the city on
its industrial farm or camp at the rate set forth in the city's
resolution specified in Section 4118. A certified copy of the
resolution provided for in this section shall be forwarded to the
clerk of the city named therein, who shall immediately notify the
chief of police of the city.
Thereafter, the chief of police of the city, or his
representative, shall meet regularly with the county classification
committee for the purpose of determining the eligibility of certain
city prisoners for transfer to a county industrial farm or camp. The
committee shall consider for transfer only those city prisoners who
have been selected and recommended for transfer by the chief of
police. In each case, the committee may transfer or reject such
prisoners as it sees fit.

4120. Upon the expiration of the sentence of any person imprisoned
in any industrial farm or camp, he shall be discharged, and either
furnished with transportation to the place where he was convicted or
given a sum of money sufficient to pay his fare to such place.

4121. The cost of establishing and maintaining an industrial farm
or industrial road camp formed under this article shall be paid out
of the county general fund. Any revenue derived from such farm or
camp, including that received from any city for the care of its
prisoners on said farm, shall be paid into the county general fund.

4122. The cost of transporting city prisoners to an industrial farm
or camp shall be borne by the city from whose courts they were
committed. All other transportation charges shall be borne by the
county and paid out of the general fund.

4123. Any person transferred from an industrial farm or camp to the
county jail shall be maintained at the jail at the expense of the
county as are other prisoners in such jail.

4124. Each county board of supervisors may specify a rate to be
charged for the care of city prisoners, which rate shall not exceed
the average cost to the county of caring for one prisoner per day. In
calculating this average cost, the value of the farm products used
in other county institutions and in supplying the needs of paupers,
incompetents, poor and indigent persons and persons incapacitated by
age, disease or accident shall be deducted from the cost of
maintenance, and the cost of the original investment in establishing
an industrial farm shall not be included. The reasonable value of
services rendered by city prisoners to the extent that such services
inure to the benefit of the county shall be deducted from the average
cost of caring for city prisoners. Cities may, under terms and
conditions suitable to the board of supervisors, be assigned
prisoners for the purposes authorized by Section 36904 of the
Government Code. By mutual agreement between cities and the county,
the rate may be changed from time to time.

4125. Each person in custody on any industrial farm or industrial
road camp who is found to have any person or persons dependent on him
for support, as provided in Section 4127, shall be credited with a
sum not to exceed two dollars ($2) for each day of eight hours work
done by him on such farm or camp. Every other person in custody on an
industrial farm or camp shall be credited with a sum not to exceed
one dollar ($1) for each day of eight hours work done by him on such
farm or camp.

4125.1. The board of supervisors may contract with the United
States or the State of California, or any department or agency
thereof, for the performance of work and labor by any person in
custody on any county industrial farm or industrial road camp or
confined in the county jail or branch thereof under a final judgment
of imprisonment rendered in a criminal action or proceeding or as a
condition of probation in the suppression of fires within and upon
the national forests, state parks, or other lands of the United
States or the State of California, or within and upon such other
lands, of whatever ownership, contiguous to, or adjacent to said
state or federal lands, the suppression of fires upon which other
lands affords fire protection to said state or federal lands. Such
payments as may be so contracted for and to be paid by the United
States or by the State of California for the work and labor so
performed by any person so in custody may, by order of the board of
supervisors, be credited in full or in part, and upon such terms and
conditions as the board shall determine, to any such person so in
custody and performing such work and labor, and all in addition to
those credits hereinbefore provided in Section 4125 of this code.
Whenever any such person so in custody shall perform the services
herein specified he shall be subject to workmen's compensation
benefits to the same extent as a county employee, and the board of
supervisors shall provide and cover any such person so in custody,
while performing such services, with accident, death and compensation
insurance as is otherwise regularly provided for employees of the
county.
The term "suppression of fires" as herein used shall include the
construction of firebreaks and other works of improvement for the
prevention and suppression of fire whether or not constructed in the
actual course of suppression of existing fires.

4126. The maximum amount per day to be credited to a person in
custody on an industrial farm or camp shall be fixed from time to
time by the board of supervisors and shall be as large as is
justified by the production on the farm or camp but shall not exceed
the sums mentioned in this article.
The superintendent of an industrial farm may by order cause an
amount less than the maximum per day to be credited to any person
because of lack of effort on the part of the person, the amount
credited to be in proportion to the effort.
The sum to the credit of each person employed upon an industrial
farm upon his discharge shall be paid him in addition to any
transportation charge otherwise paid under this article. Any person
may, by written order, direct the payment of any sums credited to him
under this article to any person dependent upon him or to whom he is
indebted.

4127. The court by whom any person was sentenced may at any time by
written order direct payment of all or any part of the sums to be
credited to any such person under this article to any person or
persons dependent for support on the prisoner. At the time of
sentencing the court shall by making inquiry or taking evidence find
whether or not any person or persons are dependent upon the defendant
for support. A copy of the finding of the court shall be transmitted
to the county classification committee.

4128. Payments authorized under this article to be made to any
person other than the prisoner may be made weekly on any day
designated by the superintendent of the farm or camp.

4129. For the purpose of making the payments designated in this
article the board of supervisors shall by order provide the
superintendent with a revolving fund. Upon order of the board of
supervisors the county auditor shall draw a warrant in favor of the
superintendent of an industrial farm or camp and the county treasurer
shall cash it. Thereafter the superintendent shall receive from the
county general fund upon demands supported by receipts all sums paid
out by him under the provisions of this section and shall return all
sums so received to the revolving fund.
The provisions of Section 29323 of the Government Code are
applicable to a revolving fund established pursuant to this section.

4130. So far as practicable those in custody on an industrial farm
shall be employed in productive labor. The products of an industrial
farm shall be used: first, to maintain the prisoners and employees on
such farm; second, to supply other county institutions having need
of the same with the farm's products; third, to supply the needs of
paupers, incompetents, poor and indigent persons and those
incapacitated by age, disease or accident with whose relief and
support the county is charged.

4131. Subject to regulations adopted by the board of supervisors
the superintendent shall maintain discipline on an industrial farm.
Whenever the superintendent reports to the county classification
committee which assigned any prisoner to an industrial farm or camp
that the prisoner refuses to abide by the rules of the farm or camp
or refuses to work thereon, the committee may make an order
transferring the prisoner to the county jail or city jail for the
unexpired term of his sentence, and all sums credited to the prisoner
shall be forfeited by him unless they have been ordered paid to some
person dependent upon him. Thereafter the committee may reassign the
person to the industrial farm or industrial road camp upon
recommendation of the superintendent of the farm or camp.

4131.5. Every person confined in, sentenced to, or serving a
sentence in, a city or county jail, industrial farm, or industrial
road camp in this state, who commits a battery upon the person of any
individual who is not himself a person confined or sentenced
therein, is guilty of a public offense and is punishable by
imprisonment in a state prison, or in a county jail for not more than
one year.

4133. The boundary of every industrial farm established under the
provisions of this article shall be marked by a fence, hedge or by
some other visible line. Every person confined on any industrial farm
who escapes therefrom or attempts to escape therefrom shall upon
conviction thereof be imprisoned in a state prison, or in the county
jail or industrial farm for not to exceed one year. Any such
imprisonment shall begin at the expiration of the imprisonment in
effect at the time of the escape.

4134. Any board of supervisors which has established or desires to
establish an industrial farm or industrial road camp may at any time
appoint an advisory board to consist of not less than three nor more
than five persons, one member of which shall be a penologist and one
member a physician.

4135. The advisory board shall acquaint itself with the conduct of
the jails in the county, keep itself informed about the
administration of the industrial farm or industrial road camp, and
report its recommendations and suggestions to the board of
supervisors. It may visit any jail within the county, examine the
records thereof, and ascertain whether or not there are any persons
illegally committed to or detained at any jail.
The advisory board shall encourage recreational and educational
activities on the industrial farm.

4136. Sections 4011, 4011.5, 4011.6 and 4011.7 are applicable to
county industrial farms, county industrial road camps, and joint
county road camps established pursuant to this chapter.

4137. The board of supervisors of any county in which a county
industrial farm, industrial road camp, or honor camp has been
established may, by ordinance, authorize the sheriff or any such
person responsible to the board for the care, treatment, and custody
of prisoners assigned to him as sentenced misdemeanants or felons,
serving time as a condition of probation, to remove such prisoners
from the facility to which they have been assigned under custody,
without court order, for purposes such as: private medical, vision,
or dental care, psychological care, vocational services, educational
services, and funerals.