ARTICLE 1. Prison Industry Authority [2800. - 2818.]

Cal. Penal Code - PEN 1.

in effect

Cal. Penal Code - PEN § 2800. Section 2800.

There is hereby continued in existence within the Department of Corrections and Rehabilitation the California Correctional Training and Rehabilitation Authority. As used in this article, “authority” means the California Correctional Training and Rehabilitation Authority. Any reference to the Department of Corrections shall refer to the Department of Corrections and Rehabilitation.

Cal. Penal Code - PEN § 2800.5. Section 2800.5.

The Prison Industry Authority shall be known as the California Correctional Training and Rehabilitation Authority. Any reference to the Prison Industry Authority in this or any other code shall be construed to mean the California Correctional Training and Rehabilitation Authority.

Cal. Penal Code - PEN § 2801. Section 2801.

The purposes of the authority are: (a) To develop and operate industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the Department of Corrections and Rehabilitation, which enterprises may be located either within those institutions or elsewhere, all as may be determined by the authority. (b) To create and maintain working conditions within the enterprises as much like those which prevail in private industry as possible, to ensure prisoners employed therein the opportunity to work productively, to earn funds, and to acquire or improve effective work habits and occupational skills. (c) To operate a work program for prisoners that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program, and one that will provide goods and services that are or will be used by the Department of Corrections and Rehabilitation, thereby reducing the cost of its operation. (1) This subdivision does not require immediate cash availability for funding retiree health care and pension liabilities above amounts established in the Budget Act, or as determined by the Board of Administration of the Public Employees’ Retirement System, or the Director of Finance for the fiscal year. (2) The California Correctional Training and Rehabilitation Authority shall not establish cash reserves to support funding retiree health care and pension liabilities above the amounts specified in paragraph (1).

Cal. Penal Code - PEN § 2802. Section 2802.

Commencing July 1, 2005, there is hereby continued in existence within the Department of Corrections and Rehabilitation a California Correctional Training and Rehabilitation Board. The board shall consist of the following 11 members: (a) The Secretary of the Department of Corrections and Rehabilitation, or their designee. (b) The Director of the Department of General Services, or their designee. (c) The Secretary of Transportation, or their designee. (d) The Speaker of the Assembly shall appoint two members to represent the general public. (e) The Senate Committee on Rules shall appoint two members to represent the general public. (f) The Governor shall appoint four members. Of these, two shall be representatives of organized labor, and two shall be representatives of industry. The initial term of one of the members appointed by the Speaker of the Assembly shall be two years, and the initial term of the other shall be three years. The initial term of one of the members appointed by the Senate Committee on Rules shall be two years, and the initial term of the other shall be three years. The initial terms of the four members appointed by the Governor shall be four years. All subsequent terms of all members shall be for four years. Each member’s term shall continue until the appointment and qualification of their successor.

Cal. Penal Code - PEN § 2803. Section 2803.

The Secretary of the Department Corrections and Rehabilitation shall be the chairperson of the board. The chairperson shall be the administrative head of the board and shall exercise all duties and functions necessary to insure that the responsibilities of the board are successfully discharged. The board shall hold meetings on the call of the chairperson or a majority of the board. Six members of the board, including the chairperson, shall constitute a quorum. The vote of a majority of the members serving on the board is necessary for the transaction of the business of the board.

Cal. Penal Code - PEN § 2804. Section 2804.

The appointed members of the board shall receive a per diem to be determined by the chairperson, but not less than the usual per diem rate allowed to the Department of Corrections and Rehabilitation employees during travel out of state. All members, including the chairperson, shall also receive their actual and necessary expenses of travel incurred in attending meetings of the commission and in making investigations, either as a board or individually as members of the board at the request of the chairperson. All the expenses shall be paid from the California Correctional Training and Rehabilitation Revolving Fund.

Cal. Penal Code - PEN § 2805. Section 2805.

The authority shall assume jurisdiction over the operation of all industrial, agricultural, and service operations formerly under the jurisdiction of the Correctional Industries Commission. In addition, the authority shall have the power to establish new industrial, agricultural and service enterprises which it deems appropriate, to initiate and develop new vocational training programs, and to assume jurisdiction over existing vocational training programs. The authority shall have control over and the power to buy and sell all equipment, supplies and materials used in the operations over which it assumes control and jurisdiction.

Cal. Penal Code - PEN § 2806. Section 2806.

(a) There is hereby constituted a permanent revolving fund in the sum of not less than seven hundred thirty thousand dollars ($730,000), to be known as the California Correctional Training and Rehabilitation Revolving Fund, and to be used to meet the expenses necessary in the purchasing of materials and equipment, salaries, construction and cost of administration of the prison industries program. The fund may also be used to refund deposits either erroneously made or made in cases where delivery of products cannot be consummated. The fund shall at all times contain the amount of at least seven hundred thirty thousand dollars ($730,000), either in cash or in receivables, consisting of raw materials, finished or unfinished products, inventory at cost, equipment, or any combination of the above. Money received from the rendering of services or the sale of products in the prisons and institutions under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this article shall be paid to the State Treasurer monthly and shall be credited to the fund. At any time that the Secretary of the Department of Corrections and Rehabilitation and the Director of Finance jointly determine that the balance in that revolving fund is greater than is necessary to carry out the purposes of the authority, they shall so inform the Controller and request a transfer of the unneeded balance from the revolving fund to the General Fund of the State of California. The Controller is authorized to transfer balances upon request. Funds deposited in the revolving fund are not subject to annual appropriation by the Legislature and may be used without a time limit by the authority. (b) The California Correctional Training and Rehabilitation Revolving Fund is not subject to the provisions of Articles 2 (commencing with Section 13320) and 3 (commencing with Section 13335) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code. (c) Any major capital outlay project undertaken by the authority pursuant to this article shall be subject to review by the Public Works Board pursuant to the provisions of Part 10.5 (commencing with Section 15752) of Division 3 of Title 2 of the Government Code.

Cal. Penal Code - PEN § 2807. Section 2807.

(a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption. (b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs. (c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met: (1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. (2) The nonprofit organization has entered into a memorandum of understanding with a local educational agency. As used in this section, “local educational agency” means a school district, county office of education, state special school, or charter school. (3) The products and services are provided to public school students at no cost to the students or their families. (d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protection’s needs and assessment of quality and value.

Cal. Penal Code - PEN § 2808. Section 2808.

The board, in the exercise of its duties, shall have all of the powers and do all of the things that the board of directors of a private corporation would do, except as specifically limited in this article, including, but not limited to, all of the following: (a) To enter into contracts and leases, execute leases, pledge the equipment, inventory, and supplies under the control of the authority and the anticipated future receipts of any enterprise under the jurisdiction of the authority as collateral for loans, and execute other necessary instruments and documents. (b) To ensure that all funds received by the authority are kept in commercial accounts according to standard accounting practices. (c) To arrange for an independent annual audit. (d) To review and approve the annual budget for the authority, in order to ensure that the solvency of the California Correctional Training and Rehabilitation Revolving Fund is maintained. (1) This subdivision does not require immediate cash availability for funding retiree health care and pension liabilities above amounts established in the Budget Act, or as determined by the Board of Administration of the Public Employees’ Retirement System, or the Director of Finance for the fiscal year. (2) The California Correctional Training and Rehabilitation Authority shall not establish cash reserves to support funding retiree health care and pension liabilities above the amounts specified in paragraph (1). (e) To contract to employ a director to serve as the chief administrative officer of the authority. The director shall serve at the pleasure of the chairperson. The director shall have wide and successful experience with a productive enterprise, and have a demonstrated appreciation of the problems associated with prison management. (f) To apply for and administer grants and contracts of all kinds. (g) To establish, notwithstanding any other law, procedures governing the purchase of raw materials, component parts, and any other goods and services that may be needed by the authority or in the operation of any enterprise under its jurisdiction. Those procedures shall contain provisions for appeal to the board from any action taken in connection with them. (h) To establish, expand, diminish, or discontinue industrial, agricultural, and service enterprises under the authority’s jurisdiction to enable it to operate as a self-supporting enterprise, to provide as much employment for inmates as is feasible, and to provide diversified work activities to minimize the impact on existing private industry in the state. (i) To hold public hearings pursuant to subdivision (h) to provide an opportunity for persons or organizations who may be affected to appear and present testimony concerning the plans and activities of the authority. The authority shall ensure adequate public notice of those hearings. A new industrial, agricultural, or service enterprise that involves a gross annual production of more than fifty thousand dollars ($50,000) shall not be established unless and until a hearing concerning the enterprise has been held by a committee of persons designated by the board including at least two board members. The board shall take into consideration the effect of a proposed enterprise on California industry and shall not approve the establishment of the enterprise if the board determines it would have a comprehensive and substantial adverse impact on California industry that cannot be mitigated. (j) To periodically determine the prices at which activities, supplies, and services shall be sold. (k) To report to the Legislature in writing, on or before February 1 of each year, regarding: (1) The financial activity and condition of each enterprise under its jurisdiction. (2) The plans of the board regarding any significant changes in existing operations. (3) The plans of the board regarding the development of new enterprises. (4) A breakdown, by institution, of the number of prisoners at each institution, working in enterprises under the jurisdiction of the authority, said number to indicate the number of prisoners who are not working full time.

Cal. Penal Code - PEN § 2809. Section 2809.

Notwithstanding any other provision of law, commencing July 1, 2005, the authority may recruit and employ civilian staff that may be necessary to carry out the purposes of this article, and shall establish recruiting, testing, hiring, promotion, disciplinary, and dismissal procedures and practices which will meet the unique personnel needs of the authority. The practices may include incentives based on productivity, profit-sharing plans, or other criteria which will encourage civilian employee involvement in the productivity goals of the authority. The procedures and practices shall apply to all employees working in enterprises under the jurisdiction of the authority. The general manager shall be the appointing authority for all personnel of the authority other than the general manager.

Cal. Penal Code - PEN § 2810. Section 2810.

Commencing July 1, 2005, the general manager, with the approval of the Department of Finance, may authorize the borrowing of money by the authority for purposes of any of the following: (a) Operating the business affairs of the authority. (b) Purchasing new equipment, materials and supplies. (c) Constructing new facilities, or repairing, remodeling, or demolishing old facilities. Funds may be borrowed from private sources, upon those terms that the Department of Finance deems appropriate, including but not limited to, the use of equipment under the jurisdiction of the authority, and of the future income of an enterprise under the jurisdiction of the authority, as collateral to secure any loan.

Cal. Penal Code - PEN § 2810.5. Section 2810.5.

Notwithstanding any other law, commencing July 1, 2005, the Pooled Money Investment Board, or its successor, may grant loans to the authority when money is appropriated for that purpose by the Legislature, upon application by the Secretary of the Department of Corrections and Rehabilitation, in order to finance the establishment of a new industrial, agricultural, or service enterprise. All loans shall bear the same interest rate as the pooled money market investment rate and shall have a maximum repayment period of 20 years from the date of approval of the loan. Prior to making its decision to grant a loan, the Pooled Money Investment Board, or its successor, shall require the authority to demonstrate all of the following: (a) The proposed industry project cannot be feasibly financed from private sources under Section 2810. The authority shall present proposed loan conditions from at least two private sources. (b) The proposed industry project cannot feasibly be financed from proceeds from other California Correctional Training and Rehabilitation Authority enterprises. (c) The proceeds from the proposed project provide for a reasonable payback schedule to the General Fund.

Cal. Penal Code - PEN § 2811. Section 2811.

(a) Commencing July 1, 2005, the director shall adopt and maintain a compensation schedule for inmate employees. That compensation schedule shall be based on quantity and quality of work performed and shall be required for its performance, but in no event shall that compensation exceed one-half the minimum wage provided in Section 1182 of the Labor Code, except as otherwise provided in this code. This compensation shall be credited to the account of the inmate. (b) Inmate compensation shall be paid from the California Correctional Training and Rehabilitation Revolving Fund.

Cal. Penal Code - PEN § 2812. Section 2812.

It is unlawful for any person to sell, expose for sale, or offer for sale within this state, any article or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, is guilty of a misdemeanor.

Cal. Penal Code - PEN § 2813. Section 2813.

The director may provide for the manufacture of small articles of handiwork by the prisoners out of raw materials purchased by the prisoners with their own funds or funds borrowed from the Inmates’ Welfare Fund, or from raw materials furnished by the director without compensation therefor as provided in this section which articles may be sold to the public at the state prisons, in public buildings, at fairs, or on property operated by nonprofit associations. State-owned property shall not be given to prisoners for use under this section, unless all proceeds from the sale thereof shall be deposited in the Inmates’ Welfare Fund. The director may provide that all or a part of the sale price of all other articles manufactured and sold under this section be deposited to the account of the prisoner manufacturing the article.

Cal. Penal Code - PEN § 2813.5. Section 2813.5.

Notwithstanding any other provision of this chapter except subdivision (i) of Section 2808, and notwithstanding subdivision ( l ) of Section 22851.3 of the Vehicle Code, the Director of Corrections may provide for the inmates in trade and industrial education or vocational training classes established under Section 2054 to restore and rebuild donated salvageable and abandoned vehicles. If these vehicles comply with Section 24007.5 of the Vehicle Code, they may be sold at public auction to private persons. This activity shall be subject to the public hearing requirements of subdivision (i) of Section 2808 at any time that this activity involves a gross annual production of more than fifty thousand dollars ($50,000). The proceeds of the sale after deduction of the cost of materials shall be deposited in the Restitution Fund in the State Treasury and, upon appropriation by the Legislature, may be used for indemnification of victims of crimes.

Cal. Penal Code - PEN § 2814. Section 2814.

Notwithstanding any provision of this chapter, products and byproducts of agricultural and animal husbandry enterprises, except nursery stock, may be sold to private persons, at public or private sale, under rules prescribed by the board.

Cal. Penal Code - PEN § 2815. Section 2815.

Commencing July 1, 2005, the authority may, under rules prescribed by the Secretary of the Department of Corrections and Rehabilitation, dispose of products developed from the operations of industrial enterprises in prisons and institutions under the jurisdiction of the authority by sale to foreign governments, corporations for distribution in foreign countries, and private persons or their agents in markets outside the United States and in countries which permit the importation of prison-made goods. All sales made pursuant to this section shall be reported to the Legislature in the general manager’s annual report pursuant to Section 2808.

Cal. Penal Code - PEN § 2816. Section 2816.

(a) With the approval of the Department of Finance, there shall be transferred to, or deposited in, the California Correctional Training and Rehabilitation Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations. (b) Notwithstanding subdivision (i) of Section 2808, the Secretary of the Department of Corrections and Rehabilitation may order any authorized public works project involving the construction, renovation, or repair of prison facilities to be performed by inmate labor or juvenile justice facilities to be performed by ward labor, when the total expenditure does not exceed the project limit established by the first paragraph of Section 10108 of the Public Contract Code. Projects entailing expenditure of greater than the project limit established by the first paragraph of Section 10108 of the Public Contract Code shall be reviewed and approved by the chairperson, in consultation with the board. (c) Money so transferred or deposited shall be available for expenditure by the department for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Sections 13340 and 16304 of the Government Code. Money transferred or deposited pursuant to this section shall be used only for purposes authorized in this section.

Cal. Penal Code - PEN § 2817. Section 2817.

The Inmate and Ward Construction Revolving Account is hereby created in the California Correctional Training and Rehabilitation Revolving Fund, established in Section 2806, to receive funds transferred or deposited for the purposes described in Section 2816.

Cal. Penal Code - PEN § 2818. Section 2818.

The New Industries Revolving Account is hereby created in the California Correctional Training and Rehabilitation Revolving Fund to receive General Fund or other public money transferred or deposited for the purpose of financing new enterprises or the expansion of existing enterprises. Money in the fund may be disbursed by the board subject to the conditions prescribed in Section 2810.5.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026