California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 1 - Scope of Authority › Section 8000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Background Clearance" is a process CALPIA uses to obtain
					 an applicant's criminal history record. A criminal history is obtained from the
					 Department of Justice after an individual provides their fingerprints.
"Board" is Prison Industry Board (the PIB).
"CALPIA" is the California Prison Industry Authority (the
					 CALPIA or CALPIA).
"CALPIA Program" is a CALPIA work (includes training and
					 education) program for incarcerated individuals. CALPIA Programs teach
					 incarcerated individuals trades and skill sets including education and life
					 skills.
"Certificate of Attendance and Participation" (CAP) is a
					 certificate of educational completion. This certificate is issued by the
					 California Department of Corrections and Rehabilitation (CDCR) Developmentally
					 Disabled Program (DDP) for inmate students with severe cognitive disability to
					 document completion of a prescribed high school alternative course of study for
					 employment applications, Department of Rehabilitation (DOR) services, and
					 graduation participation. The CAP is issued by CDCR through its Office of
					 Correctional Education (OCE).
"Controlled Substance" is a substance, drug, narcotic,
					 opiate, hallucinogen, depressant, or stimulant as defined by California Health
					 and Safety Code Section
					 11007
					 and prescribed medications containing substances identified in Health and
					 Safety Code Section
					 11007.
"Drug" is a substance intended for use in the diagnosis,
					 cure, mitigation, treatment, or prevention of disease, and as defined in Health
					 and Safety Code Section
					 11014.
"Employee" is a person hired by CALPIA (Government Code
					 Section
					 18500
et. seq.
). The definition of "employee" includes the General
					 Manager. The term employee does not include incarcerated individual.
"Enterprise" is a CALPIA operation, including and not
					 limited to manufacturing and agriculture.
"External Accreditation Certificate" is a certificate
					 issued by an accredited external organization that is under contract with
					 CALPIA to train incarcerated individuals to certain standards and then certify
					 that the incarcerated individuals are competent in a specific skill set.
					 "Family Member" is a person related to another person through kinship,
					 marriage, adoption, foster relationship, registered domestic partnership, or
					 civil union.
"General Manager" is an individual appointed or contracted
					 by the PIB to serve as the Chief Executive Officer of CALPIA.
"Health or Safety Complaint" is a written allegation made
					 by a CALPIA incarcerated individual worker regarding unhealthful or unsafe
					 conditions or hazards at their place of employment.
"Incarcerated Individual Allocation" is the current number
					 of incarcerated individual workers needed in a specific enterprise to maintain
					 adequate production levels to support the volume of sales orders and service
					 contracts.
"Incarcerated Individual Candidate Pool" is a pool of
					 incarcerated individual candidates from all security level designations who
					 have been screened by the facility/institution's Classification Committee and
					 after program review have been found eligible for placement in CALPIA
					 work/training programs.
"Incarcerated individual compensation" is payment to an
					 incarcerated individual worker with a graduated pay schedule based on the
					 quality and quantity of work performed and the skill required of the
					 incarcerated individual worker.
"Institution" is a community-access facility, community
					 correctional facility, camp, or subfacility of an institution under the
					 jurisdiction of the California Department of Corrections and Rehabilitation
					 (CDCR) and headed by a warden.
"Intoxicant" is a substance, other than a controlled
					 substance or drug, that intoxicates; i.e., that diminishes an individual's
					 working abilities from those of a sober individual. Intoxicants include, but
					 are not limited to, toluene, paint thinner, fingernail polish, lacquer,
					 gasoline, and kerosene.
"Learning disability" means a broad range of cognitive
					 deficits. Under the Americans with Disabilities Act of 1990 (ADA) definition,
					 individuals with learning disabilities may have difficulty in one or more of
					 the following: listening, speaking, reading, writing, spelling, and
					 mathematics. They may have problems in reasoning, remembering, organizing,
					 managing time, and social skills. Specific learning disabilities are not the
					 same as learning problems that result from cognitive impairment, visual
					 impairment, hearing impairment, or emotional disturbance.
"PIB" is the Prison Industry Board, also known as
					 Board.
"Prescription" is an order for a controlled substance given
					 individually for the person(s) for whom prescribed, directly or indirectly from
					 the prescriber, and as defined in Health and Safety Code Section
					 11027.
"Prison Industries Revolving Fund" is the fund described in
					 Penal Code Section
					 2806.
"Test of Adult Basic Education (TABE)" is a test designed
					 to assess reading, mathematics, language, and spelling skills. It also assesses
					 basic skills in work-related contexts.
"Transient population" is a population of incarcerated
					 individuals who are at an institution for a brief period of time such as at a
					 reception center or incarcerated individuals whose sentences are shorter in
					 duration.
"Unauthorized Electronic Communication Device" is a device
					 not issued by the State of California and not labeled with an "Authorized for
					 State Use" sticker. Unauthorized electronic communication devices include, but
					 are not limited to, cell phones, computers, hybrid cellular/Internet/wireless
					 devices, personal digital assistants (PDAs), cameras, video recorders, fax
					 machines, and pagers, including components and parts of devices.
"Under the Influence" is when an employee's working
					 abilities are impaired and the employee does not have the ability to perform
					 their duties with the same characteristics of a sober person due to alcohol,
					 drugs, controlled substances, or a combination thereof.
"Workplace" is an office, warehouse, enterprise, or the
					 showroom under the authority of CALPIA, regardless of location.
1. New
					 division 8, chapter 1, article 1 (sections
					 8000-8002) and section filed
					 7-2-2010; operative 8-1-2010 (Register 2010, No. 27).
2. Amendment
					 adding definition of "Health or Safety Complaint" and amendment of NOTE filed
					 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
3. Amendment
					 adding definitions of "External Accreditation Certificate," "Inmate
					 Allocation," "Inmate Candidate Pool," "Learning Disability," "Test of Adult
					 Basic Education (TABE)" and "Transient population" filed 2-12-2013; operative
					 4-1-2013 (Register 2013, No. 7).
4. Amendment of section and NOTE
					 filed 5-26-2015; operative 7-1-2015 (Register 2015, No. 22).
5.
					 Change without regulatory effect amending definition of "General Manager" filed
					 7-13-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 29).
6. Amendment of definition of
					 "Employee" filed 11-13-2018; operative 1-1-2019 (Register 2018, No.
					 46).
7. Change without regulatory effect amending definition of
					 "General Manager" filed 1-7-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 2).
8. Change without regulatory
					 effect amending definitions of "CALPIA Program," "Employee," "External,"
					 "Inmate Allocation" and "Transient population" and changing references to
					 "inmate" to "incarcerated individual" filed 7-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 31).
9. New definition of
					 "Certificate of Attendance and Participation" and amendment of definitions of
					 "Health or Safety Complaint," "Incarcerated Individual Allocation" and "Prison
					 Industries Revolving Fund" filed 11-18-2021; operative 1-1-2022 (Register 2021,
					 No. 47).
10. Change without regulatory effect amending section filed
					 5-23-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 21).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code. Reference: Sections
						2800,
						2801,
						2803,
						2805,
						2806,
						2807,
						2808,
						2809 and
						2811, Penal
						Code; and Sections
						6303 and
						6304.3, Labor
						Code.