SECTIONS 2051-2065

2051.  The department is hereby authorized to contract forprovisions, clothing, medicines, forage, fuel, and all other staplesupplies needed for the support of the prisons for any period oftime, not exceeding one year, and such contracts shall be limited tobona fide dealers in the several classes of articles contracted for.Contracts for such articles as the department may desire to contractfor, shall be given to the lowest bidder at a public letting thereof,if the price bid is a fair and reasonable one, and not greater thanthe usual value and prices. Each bid shall be accompanied by such security as the departmentmay require, conditional upon the bidder entering into a contractupon the terms of his bid, on notice of the acceptance thereof, andfurnishing a penal bond with good and sufficient sureties in such sumas the department may require, and to its satisfaction that he willfaithfully perform his contract. If the proper officer of the prison reject any article, as notcomplying with the contract, or if a bidder fail to furnish thearticles awarded to him when required, the proper officer of theprison may buy other articles of the kind rejected or called for, inthe open market, and deduct the price thereof, over the contractprice, from the amount due to the bidder, or charge the same upagainst him. Notice of the time, place, and conditions of the letting ofcontracts shall be given for at least two consecutive weeks in twonewspapers printed and published in the City and County of SanFrancisco, and in one newspaper printed and published in the Countyof Sacramento, and in the county where the prison to be supplied issituated. If all the bids made at such letting are deemed unreasonably high,the department may, in its discretion, decline to contract and mayagain advertise for such time and in such papers as it sees properfor proposals, and may so continue to renew the advertisement untilsatisfactory contracts are made; and in the meantime the departmentmay contract with anyone whose offer is regarded as just andequitable, or may purchase in the open market. No bids shall be accepted, nor a contract entered into inpursuance thereof, when such bid is higher than any other bid at thesame letting for the same class or schedule of articles, qualityconsidered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equalin amount, the department may select the one which, all thingsconsidered, may by it be thought best for the interest of the State,or it may divide the contract between the bidders as in its judgmentmay seem proper and right. The department shall have power to let a contract in the aggregateor they may segregate the items, and enter into a contract with thebidder or bidders who may bid lowest on the several articles. The department shall have the power to reject the bid of anyperson who had a prior contract and who had not, in the opinion ofthe department, faithfully complied therewith.2052.  (a) The department shall have power to contract for thesupply of electricity, gas and water for said prisons, upon suchterms as the department shall deem to be for the best interests ofthe state, or to manufacture gas or electricity, or furnish wateritself, at its option. It shall also have power to erect andconstruct or cause to be erected and constructed, electricalapparatus or other illuminating works in its discretion with orwithout contracting therefor, on such terms as it may deem just. Thedepartment shall have full power to erect any building or structuredeemed necessary by it, or to alter or improve the same, and to payfor the same from the fund appropriated for the use or support of theprisons, or from the earnings thereof, without advertising orcontracting therefor. (b) With respect to any facility under the jurisdiction of thePrison Industry Authority, the Prison Industry Authority shall havethe same powers which are vested in the department pursuant tosubdivision (a).2053.  (a) The Legislature finds and declares that there is acorrelation between prisoners who are functionally literate and thosewho successfully reintegrate into society upon release. It istherefore the intent of the Legislature, in enacting "The PrisonerLiteracy Act," to raise the percentage of prisoners who arefunctionally literate, in order to provide for a correspondingreduction in the recidivism rate. (b) The Department of Corrections shall determine the readinglevel of each prisoner upon commitment.2053.1.  The Director of the Department of Corrections shallimplement in every state prison literacy programs that are designedto ensure that upon parole inmates are able to achieve a ninth-gradereading level. The department shall prepare an implementation planfor this program, and shall request the necessary funds to implementthis program as follows: (a) To make the program available to at least 25 percent ofeligible inmates in the state prison system by July 1, 1991. (b) To make the program available to at least 60 percent ofeligible inmates in the state prison system by January 1, 1996. In complying with the requirements of this section, the departmentshall give strong consideration to computer assisted training andother innovations which have proven to be effective in reducingilliteracy of disadvantaged adults.2053.4.  The Director of Corrections shall appoint a Superintendentof Correctional Education, who shall oversee and administer allprison education programs. The Superintendent of CorrectionalEducation shall set both short-term and long-term goals for inmateliteracy and testing, and shall establish priorities for prisoneducation programs.2054.  The Director of Corrections may establish and maintainclasses for inmates by utilizing personnel of the Department ofCorrections, or by entering into an agreement with the governingboard of a school district or private school or the governing boardsof school districts under which the district shall maintain classesfor such inmates. The governing board of a school district or privateschool may enter into such an agreement regardless of whether theinstitution or facility at which the classes are to be establishedand maintained is within or without the boundaries of the schooldistrict. Any agreement entered into between the Director of Corrections anda school district or private school pursuant to this section mayrequire the Department of Corrections to reimburse the schooldistrict or private school for the cost to the district or privateschool of maintaining such classes. "Cost" as used herein includescontributions required of any school district to the State Teachers'Retirement System, but such cost shall not include an amount inexcess of the amount expended by the district for salaries of theteachers for such classes, increased by one-fifth. Salaries of suchteachers for the purposes of this section shall not exceed thesalaries as set by the governing board for teachers in other classesfor adults maintained by the district, or private schools. Attendance or average daily attendance in classes establishedpursuant to this section or in classes in trade and industrialeducation or vocational training for adult inmates of institutions orfacilities under the jurisdiction of the Department of Correctionsshall not be reported to the State Department of Education forapportionment and no apportionment from the State School Fund shallbe made on account of average daily attendance in such classes. No school district or private school shall provide for theacademic education of adult inmates of state institutions orfacilities under the jurisdiction of the Department of Correctionsexcept in accordance with this section. The Legislature hereby declares that for each fiscal year fundsfor the support of the academic education program for inmates of theinstitutions or facilities under the jurisdiction of the Departmentof Corrections shall be provided, upon appropriation by theLegislature, to the Department of Corrections at the rate of fortydollars ($40) multiplied by the total number of inmates which theDepartment of Corrections estimates will be in such institutions orfacilities on December 31st of the fiscal year, except as provided inSection 2054.1.2054.1.  The rate specified in Section 2054 shall be furtherincreased or decreased in the same proportion as the median salariesfor full-time high school teachers in the public schools of thisState have increased or decreased since the 1956-57 Fiscal Year. "Median salaries" as used herein is the amount which theSuperintendent of Public Instruction reports will be paid tofull-time high school teachers in the public schools of this Stateduring the fiscal year. Such reports shall be based upon informationcompiled by the Department of Education on salaries of certificatedemployees in the public schools of this State. This section applies only to the program of academic education forinmates.2054.2.  The Department of Corrections and Rehabilitation shalldetermine and implement a system of incentives to increase inmateparticipation in, and completion of, academic and vocationaleducation, consistent with the inmate's educational needs asidentified in the assessment performed pursuant to Section 3020,including, but not limited to, a literacy level specified in Section2053.1, a high school diploma or equivalent, or a particularvocational job skill. These incentives may be consistent with otherincentives provided to inmates who participate in work programs.2055.  The Director of Corrections may, in his discretion, from timeto time insure any or all products produced at any prison orinstitution under the jurisdiction of the Director of Corrections,whether the products are finished or unfinished, the materials fromwhich such products are made or to be made, and the equipmentnecessary for the production thereof, against any or all risks ofloss, wherever such products, materials, or equipment are located,while in the possession of the Department of Corrections and while intransit thereto or therefrom or in storage, in such amounts as thedirector deems proper. The cost of such insurance shall be paid fromthe Correctional Industries Revolving Fund.2056.  If any of the shops or buildings in which convicts areemployed require rebuilding or repair for any reason, they may berebuilt or repaired immediately, under the direction of the PrisonIndustry Authority.2059.  The department shall fix the compensation of its officers andemployees, other than those of wardens and clerks, at a gross ratewhich shall include a cash allowance for board and lodging, but in nocase shall the money compensation, exclusive of the cash allowancefor board and lodging, be less than one hundred ten dollars ($110)per month. There shall be deducted from the gross salaries of theofficers and employees of the prison the value of any board, lodging,services or supplies rendered or sold to each such officer oremployee. The deduction for board and lodging shall not exceed thecash allowance therefor.2060.  For the purposes of Sections 11009 and 11030 of theGovernment Code, the following constitute, among other properpurposes, state business for officers and employees of the departmentfor which such officers and employees shall be allowed actual andnecessary traveling expenses when the state travel and expense havebeen approved by the Governor and the Director of Finance as providedin that section. Attending meetings of any national association or organization,having as its principal purpose the study of matters relating topenology, including prison management and paroles, or to a particularfield thereof, conferring with officers or employees of the UnitedStates relative to problems relating to penology, including prisonmanagement and paroles, in California, conferring with officers oremployees of other states engaged in the performance of similarduties, and obtaining information useful to the department in theconduct of its work.2061.  (a) The Department of Corrections and Rehabilitation shalldevelop and implement, by January 15, 2008, a plan to addressmanagement deficiencies within the department. The plan should, at aminimum, address all of the following: (1) Filling vacancies in management positions within thedepartment. (2) Improving lines of accountability within the department. (3) Standardizing processes to improve management. (4) Improving communication within headquarters, betweenheadquarters, institutions and parole offices, and betweeninstitutions and parole offices. (5) Developing and implementing more comprehensive plans formanagement of the prison inmate and parole populations. (b) The department may contract with an outside entity that hasexpertise in management of complex public and law enforcementorganizations to assist in identifying and addressing deficiencies.2062.  (a) The Department of Corrections and Rehabilitation shalldevelop and implement a plan to obtain additional rehabilitation andtreatment services for prison inmates and parolees. The plan shallinclude, but is not limited to, all of the following: (1) Plans to fill vacant state staff positions that provide directand indirect rehabilitation and treatment services to inmates andparolees. (2) Plans to fill vacant staff positions that provide custody andsupervision services for inmates and parolees. (3) Plans to obtain from local governments and contractorsservices for parolees needing treatment while in the community andservices that can be brought to inmates within prisons. (4) Plans to enter into agreements with community colleges toaccelerate training and education of rehabilitation and treatmentpersonnel, and modifications to the licensing and certificationrequirements of state licensing agencies that can accelerate theavailability and hiring of rehabilitation and treatment personnel. (b) The department shall submit the plan and a schedule forimplementation of its provisions to the Legislature by January 15,2008.2063.  (a) It is the intent of the Legislature that the Departmentof Corrections and Rehabilitation shall regularly provide operationaland fiscal information to the Legislature to allow it to betterassess the performance of the department in critical areas ofoperations, including to both evaluate the effectiveness ofdepartment programs and activities, as well as assess how efficientlythe department is using state resources. (b) No later than January 10 of each year, the Department ofCorrections and Rehabilitation shall provide to the Joint LegislativeBudget Committee operational and fiscal information to be displayedin the Governor's proposed budget. This information shall includedata for the three most recently ended fiscal years, and shallinclude, but is not limited to, the following: (1) Per capita costs, average daily population, and offender tostaff ratios for each of the following: (A) Adult inmates housed in state prisons. (B) Adult inmates housed in Community Correctional Facilities andout-of-state facilities. (C) Adult parolees supervised in the community. (D) Juvenile wards housed in state facilities. (E) Juvenile parolees supervised in the community. (2) Total expenditures and average daily population for each adultand juvenile institution. (3) Number of established positions and percent of those positionsvacant on June 30 for each of the following classifications withinthe department: (A) Correctional officer. (B) Correctional sergeant. (C) Correctional lieutenant. (D) Parole agent. (E) Youth correctional counselor. (F) Youth correctional officer. (G) Physician. (H) Registered nurse. (I) Psychiatrist. (J) Psychologist. (K) Dentist. (L) Teacher. (M) Vocational instructor. (N) Licensed vocational nurse. (4) Average population of juvenile wards classified by boardcategory. (5) Average population of adult inmates classified by securitylevel. (6) Average population of adult parolees classified by supervisionlevel. (7) Number of new admissions from courts, parole violators withnew terms, and parole violators returned to custody. (8) Number of probable cause hearings, revocation hearings, andparole suitability hearings conducted. (9) For both adult and juvenile facilities, the number of budgetedslots, actual enrollment, and average daily attendance forinstitutional academic and vocational education and substance abuseprograms. (10) Average population of mentally ill offenders classified byCorrectional Clinical Case Management System or Enhanced OutpatientProgram status, as well as information about mentally ill offendersin more acute levels of care. (c) No later than January 10 of each year, the Department ofCorrections and Rehabilitation shall provide to the Joint LegislativeBudget Committee a supplemental report containing operational andfiscal information in addition to data provided in subdivision (b).To the extent possible and relevant, the department shall seek tokeep the categories of information provided the same each year so asto provide consistency. This report shall contain information for thethree most recently ended fiscal years, and shall include, but isnot limited to, data on the operational level and outcomes associatedwith the following categories: (1) Adult prison security operations, including use ofdisciplinary measures and special housing assignments such asplacements in administrative segregation, Security Housing Units, andsensitive needs yards, identifying these placements by offendercategories such as security level and mental health classification. (2) Adult prison education and treatment programs, includingacademic education, vocational training, prison industries, substanceabuse treatment, and sex offender treatment. (3) Adult prison health care operations, including medical,mental, and dental health. (4) Adult parole operations, including number of discharges fromparole supervision and provision of various treatment and sanctionprograms. (5) Board of Parole Hearings, including the total number of parolesuitability hearings scheduled for inmates serving life sentenceseach year, the number of parole suitability hearings postponed eachyear and the reasons for postponement, and the backlog of parolesuitability hearings. (5.1) Board of Parole Hearings, including the total number ofadult parole revocation cases with probable cause hearings scheduledeach year, the percent of parole revocation cases with probable causehearings held within 10 business days, as well as the percent ofadult parole revocation cases completed within 35 calendar days. (6) Juvenile institution security operations, including use ofdisciplinary measures and special housing assignments such as specialmanagement programs, as well as the impact of time that adds or cutsthe length of confinement. (7) Juvenile institutional education and treatment programs,including academic education, vocational training, substance abusetreatment, and sex offender treatment. (8) Juvenile institutional health care operations, includingmedical, mental, and dental health. (9) Juvenile parole operations, including the number of juvenileparolees returned to state institutions and provision of varioustreatment and sanction programs. (9.1) Juvenile Parole Board, including juvenile parole revocationhearings. (d) To the extent any of the information in subdivision (b) or (c)falls under the purview of the federally appointed receiver overmedical care services, the Department of Corrections andRehabilitation shall, to the best of its ability, coordinate with thereceiver in obtaining this information.2064.  (a) It is the intent of the Legislature that the Departmentof Corrections and Rehabilitation shall regularly provide to theLegislature information on the outcomes of department operations andactivities to allow the Legislature to better assess the performanceof the department, including both to evaluate the effectiveness ofdepartment programs and activities, as well as to assess howefficiently the department is using state resources. (b) No later than January 10 each year, the Department ofCorrections and Rehabilitation shall provide to the Joint LegislativeBudget Committee an annual report on the outcomes of departmentoperations and activities specified in the supplemental report of theannual Budget Act for the current fiscal year. At a minimum, foreach performance measurement included in the supplemental report ofthe annual Budget Act for the current fiscal year, the department'sreport shall include data for the three most recently ended fiscalyears, as well as establish target performance goals for eachperformance measurement for the current fiscal year identified in thesupplemental report of the annual Budget Act and in the department'slong-term strategic plan, if included in the strategic plan. Iftarget performance goals stated in the prior department report havenot been achieved, the annual department report for the currentfiscal year shall include an explanation of why the targetperformance goals were not achieved. The supplemental report of theannual Budget Act may identify changes in the department's reportingrequirements; however, if no changes are identified in thesupplemental report of the annual Budget Act, the reportingrequirements shall be the same as those for the prior fiscal year. (c) The department shall also post the full annual report requiredby this section on its Internet Web site.2065.  (a) The Department of Corrections and Rehabilitation shallcomplete all of the tasks associated with inmates granted medicalparole pursuant to Section 3550 that are specified in this section.Subdivisions (c) and (d) shall apply only to the period of time thatinmates are on medical parole. (b) The department shall seek to enter into memoranda ofunderstanding with the Social Security Administration and the StateDepartment of Health Care Services, in addition to other federal,state, or county entities necessary to facilitate prereleaseagreements to help inmates initiate benefits claims. (c) This subdivision shall be implemented in a manner that isconsistent with federal Medicaid law and regulations. The Director ofHealth Care Services shall seek any necessary federal approvals forthe implementation of this subdivision. Claiming of federal Medicaidfunds shall be implemented only to the extent that federal approval,if necessary, is obtained. If an inmate is granted medical parole andfound to be eligible for Medi-Cal, all of the following shall apply: (1) The hospital shall first bill Medi-Cal to obtain any availablereimbursement. (2) Upon providing an acceptable invoice, the department shallreimburse county public hospitals on a quarterly basis for all of thefollowing: (A) The nonfederal share of Medi-Cal costs incurred by the countyfor individuals who have been granted medical parole. (B) An amount equal to the county costs for providing health careservices that are not allowable under Medi-Cal but are required bythe state to be furnished to eligible individuals who have beengranted medical parole, including public guardianship health careservices. (3) The department shall directly provide, or providereimbursement on a quarterly basis, after invoicing, for allowablecosts that cannot be claimed as Medi-Cal expenditures under targetedcase management and the nonfederal share of services associated withpublic guardianship that can be claimed as Medi-Cal expenditures. (4) The department may provide supplemental reimbursements toproviders amounting to a total reimbursement that is allowablepursuant to Section 5023.5. These supplemental reimbursements mayonly be paid to the extent they comply with federal and state law andregulations. The Director of Health Care Services may work with thedepartment to modify these supplemental reimbursements to the extentnecessary to comply with federal and state law and regulations. (5) The department and the State Department of Health CareServices shall work together to do all of the following: (A) Maximize federal financial participation for service costs,administrative costs, and targeted case management costs incurredpursuant to this section. (B) Determine whether medical parolees shall be exempt frommandatory enrollment in managed health care, including countyorganized health plans, and determine the proper prior authorizationprocess for individuals who have been granted medical parole. (6) The department may submit retroactive Medi-Cal claims to theState Department of Health Care Services for allowable certifiedpublic expenditures that have been reimbursed by the department. Thedepartment shall work with the Director of Health Care Services toensure that any process established regarding the submission ofretroactive claims shall be in compliance with state and federal lawand regulations. (d) If an inmate is granted medical parole and found to beineligible for Medi-Cal, all of the following shall apply: (1) The department shall consider the income and assets of amedical parolee to determine whether the individual has the abilityto pay for the cost of his or her medical care. (2) If the individual is unable to pay the cost of their medicalcare, the department shall establish contracts with appropriatemedical providers and pay costs that are allowable pursuant toSection 5023.5. (3) The department shall retain the responsibility to performutilization review and cost management functions that it currentlyperforms under existing contracts with health care facilities. (4) The department shall directly provide, or providereimbursement for, services associated with public guardianship. (e) Notwithstanding the rulemaking provisions of Chapter 3.5(commencing with Section 11340) of Part 1 of Division 2 of theGovernment Code, the department and the State Department of HealthCare Services may implement this section by means of all-facilityletters, all-county letters, or similar instructions, in addition toadopting regulations, as necessary.