California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 9 - Joint Venture Program › Section 3473 - Joint Venture Program Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
					 to state contract requirements, each Joint Venture Program (JVP) contract shall
					 include, but not be limited to, the following:
(1)
					 A detailed description of the Joint Venture Employer's program operation, including
					 but not limited to, the Joint Venture Employer's type of business and products
					 produced.
(2) The conditions and
					 requirements under which the Joint Venture Employer's non-inmate employees shall be
					 admitted onto or excluded from departmental or departmentally leased
					 property.
(3) A provision for Joint
					 Venture Employer non-inmate employee orientation training which shall consist of
					 those items necessary for employees to operate the industry within the institution
					 in a consistent, secure and effective manner. Ongoing training shall be scheduled as
					 directed by the institution head.
(4) A
					 requirement that inmate-employees shall be paid "comparable wages" as defined by PC
					 section 2717.8. "Comparable wages" means that
					 compensation of inmate-employees by the Joint Venture Employer shall be comparable
					 to the wages paid by the Joint Venture Employer to non-inmate employees performing
					 the same or similar work for that employer. If the Joint Venture Employer does not
					 employ such non-inmate employees in the same or similar work, compensation shall be
					 comparable to wages paid for work of a similar nature in the locality in which the
					 work is to be performed. These wages are subject to the deductions listed in Section
					 3476(h) and the
					 mandatory savings listed in Section
					 3476(i).
(5) A provision that the administrator of the JVP
					 shall monitor the wage rates paid to inmate-employees for compliance with the
					 comparable wage requirement of PC section
					 2717.8.
(6) Hours of inmate employment and work
					 schedule.
(7) Minimum and maximum inmate
					 workforce requirements.
(8) Contraband
					 items.
(9) Work-site security.
(10) Communications.
(11) Utilities.
(12) Responsibilities of the Joint Venture
					 Employer, specifically those regarding:
(A)
					 Obligation to pay inmate-employees comparable wages as required by PC section
					 2717.8.
(B) Compliance with all applicable record-keeping
					 requirements set forth in the California Labor Code and applicable Industrial
					 Welfare Commission Wage Orders.
(C)
					 General Liability, Fire, Legal, and Automobile Liability Insurance.
(D) Maintenance of production equipment.
(E) Providing production supplies, materials, and
					 equipment.
(F) Adherence to applicable
					 federal, state, and local health and safety laws and regulations.
(G) Inmate-employee benefits.
(H) Notification to inmate-employees of their
					 rights under PC section
					 2717.8 and relevant Labor Code
					 provisions.
(I) Compliance with the
					 requirements of the department's approved administrative remedies procedures as
					 required by Title 15, California Code of Regulations (CCR) Sections
					 3480 through
					 3487 or relevant Labor Code
					 provisions.
(J) A Security Bond, or
					 equivalent security, posting requirement shall be included in the contract. The
					 amount of the bond, or its equivalent, shall be not less than two months wages for
					 the workforce contemplated by the Joint Venture Employer after six months of
					 operation, and shall be determined on a case-by-case basis based on, but not limited
					 to, the size of the inmate workforce and the size of space leased by the Joint
					 Venture Employer. The bond, or its equivalent shall be retained by the department
					 for the duration of the contract and may be used by the department in the event a
					 Joint Venture Employer fails to submit payroll or defaults on any of its obligations
					 to the State. The department shall apply the bond first to pay past due wages to
					 inmate-employees and thereafter, the bond shall be available to pay unpaid
					 obligations to the State, including, but not limited to, rent, utilities, workers'
					 compensation, and custody costs.
(K) A
					 requirement that the Joint Venture Employer prepare and submit to the administrator
					 of the JVP for its review and approval:
1. Prior to
					 commencing business, a detailed job description for each job to be performed at the
					 facility;
2. At the time additional jobs
					 are created, a detailed job description for each new job;
3. A revised job description when there is a
					 twenty-five percent or more change in job duties;
4. If there are non-inmate employees performing
					 the same or similar work for that employer, a detailed job description, wage rate,
					 and a wage plan for its non-inmate workforce with documentation; or
5. Annually, an updated, detailed job description
					 for all jobs at the Joint Venture Employer's operation. Duty statements shall
					 include a description of tasks to be performed, machines used, and skills required
					 for each job and shall be certified as to the accuracy of the job description under
					 oath by the JVE.
(L) A
					 requirement that the Joint Venture Employer prepare and submit to the department for
					 its review and approval:
1. Prior to initial
					 start-up of the Joint Venture Employer's operation, a wage plan detailing the
					 comparable wage rate for each position, taking into account seniority, tenure,
					 training, technical nature of the work being performed, or other factors;
					 and
2. Annually, the Joint Venture
					 Employer's current wage plan.
(M) Hiring of eligible inmate-employees, which is
					 a decision within the sole determination of the Joint Venture Employer.
(N) Inmate-employee time keeping.
(O) Workers' Compensation Rate.
(P) Agreement that the Joint Venture Employer's
					 business will not result in the displacement of any non-inmate workers performing
					 the same work.
(Q) The process used by
					 JVE for final selection of inmate-employees.
(R) Sole responsibility of Joint Venture Employer
					 to comply with all applicable federal, state, and local laws and regulations.
					 (Nothing in this section should be construed to modify the responsibility of the
					 State as defined in the California Code Regulations, Title 15, Division 3, Chapter
					 1, Subchapter 5, Article 9, Section
					 3475.)
(S) Inmate-employee performance
					 evaluations.
(T) Requirement to post
					 notices of employee rights.
(U)
					 Provision of all applicable inmate-employee payroll data.
(13) Responsibilities of the department/facility,
					 specifically those regarding:
(A) Designation of a
					 Coordinator by the facility.
(B)
					 Lockdowns, modified programs, fog lines and other circumstances under which
					 inmate-employees may be restricted from work.
(C) Right of entry and searches of the area leased
					 by the Joint Venture Employer.
(D)
					 Inmate-employee discipline.
(E) Program
					 evaluation.
(F) Initial screening of
					 potential inmate-employee pool for security purposes.