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 3475 - Monitoring Comparable Wages and Wage Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The JVP
					 shall monitor the wage rates and wage plans submitted by the Joint Venture Employer
					 for compliance with PC section
					 2717.8. Monitoring shall include, but
					 not be limited to, unannounced on-site visits to determine the accuracy of the job
					 descriptions and to assess compliance with wage plan requirements including
					 compliance with PC section
					 2717.8. The JVP shall develop a written
					 protocol for these visits and retain a copy of the on-site visit reports for at
					 least five years.
(b) The JVP shall
					 obtain wage data, applicable Standard Occupational Codes (SOC), and survey data from
					 Occupational Employment Surveys (OES) for each inmate-employee job description from
					 the Employment Development Department annually, upon the creation of any new JVE job
					 position, upon the alteration of any existing position, or upon the establishment of
					 any new JVP business.
(c) The JVE job
					 descriptions and wage plans shall be reviewed annually, upon the creation of any new
					 JVE job position, upon the alteration of any existing position, or upon
					 establishment of a new JVP business.
(d)
					 The JVP shall maintain a database which includes each inmate's date of hire, hourly
					 wage, hours worked and the SOC code for each inmate position.
(e) The JVP shall conduct desk audits every ninety
					 days of a randomly selected ten percent of the inmate workforce and shall review
					 salary levels to verify that the comparable wage rates are being paid.
1. Amendment of
						article heading and renumbering and amendment of former section
						3476 opening paragraph to new section
						3475 filed 10-18-93 as an emergency;
						operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be
						transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of
						law on the following day. For prior history, see Register 91, No. 6.
2.
						Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed
						3-16-94 (Register 94, No. 11).
3. Change without regulatory effect
						amending subsection (a)(1) filed 3-27-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 13).
4. Amendment of article heading,
						section heading, and subsections (a), (a)(2), (a)(8) and (b) filed 11-13-98 as an
						emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance
						must be transmitted to OAL by 3-15-99 or emergency language will be repealed by
						operation of law on the following day.
5. Certificate of Compliance as to
						11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No.
						11).
6. Renumbering of section
						3475 to new section
						3465 and renumbering of former section
						3484 to section
						3475 filed 3-25-2020 as an emergency;
						operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency
						language will be repealed by operation of law on the following day.
7.
						Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to
						Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
						N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to
						OAL by 3-9-2021 or emergency language will be repealed by operation of law on the
						following day.
8. Renumbering of section
						3475 to new section
						3465 and renumbering of former section
						3484 to section
						3475 refiled 2-25-2021 as an emergency;
						operative 3-10-2021 (Register 2021, No. 9). Emergency expiration extended 60 days
						(Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A
						Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency
						language will be repealed by operation of law on the following day.
9.
						Renumbering of section
						3475 to new section
						3465 and renumbering of former section
						3484 to section
						3475 refiled 10-4-2021 as an emergency;
						operative 10-8-2021 pursuant to Government Code section
						11346.1(d)
						(Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by
						1-6-2022 pursuant to Government Code section
						11346.1(h)
						or emergency language will be repealed by operation of law on the following
						day.
10. Certificate of Compliance as to 10-4-2021 order transmitted to
						OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Sections
						  2717.3 and
						  5058, Penal Code.
						  Reference: Sections
						  2717.3,
						  2717.4,
						  2717.8 and
						  5054, Penal Code;
						  and Vasquez v. State of California, 105 Cal.App.4th 849 (2003), Stipulated
						  Injunction and Order, Superior Court of San Diego County, Case No.
						  GIC-740832.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.