Chapter 5 – Adult Custody and Security Operations

53140.5 Responsibility

• Headquarters

  • The Administrator of the JVPJoint Venture Program Unit (JVPU) is responsible for implementing the Prison Inmate Labor Initiative of 1990 (Proposition 139), and the Prison Industry Enhancement Certification Program (PIECP) Federal guidelines, April 1999 or most recent revision. This shall be accomplished by negotiating contracts and leases with fiscally sound and ethically managed businesses which will create JVPJoint Venture Program businesses to employ inmates under the provisions of Proposition 139. The JVPU will assist institutions in implementing JVPs, assist and monitor JVEs, and maintain and coordinate all inmate payroll functions.

• Warden

  • Each Warden is responsible for the implementation of appropriate Joint Venture projects at his or her institution. This shall include participation in the processes of the contract/lease development, problem identification/resolution, and ongoing operational management. In addition, the Warden is responsible for appropriate administrative and security support to facilitate the success of the project.

  • The Warden shall determine all necessary security procedures for the JVPJoint Venture Program business. Discipline of inmate-employees is the responsibility of the CDCRCalifornia Department of Corrections and Rehabilitation and the Warden.

• Joint Venture Coordinator

  • Each Warden will appoint a Joint Venture Coordinator who is responsible for the direct implementation/coordination of that institution’s JVPJoint Venture Program. This position is responsible for providing a stable, readily available, and properly screened inmate workforce as well as appropriate administrative, security, and training support to facilitate the success of the project. Each Coordinator is responsible for providing JVPU with inmate hiring documentation, including any information on changes, terminations, or paroling inmates (see CDCRCalifornia Department of Corrections and Rehabilitation Form 1873, Inmate-Employee Payroll Distribution – Joint Venture Program (JVPJoint Venture Program)). In addition, each Coordinator is responsible for the completion of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1872, Inmate Participation Agreement-Joint Venture Program (JVPJoint Venture Program), for each inmate employee.

• Joint Venture Employer (JVE)

  • As defined in California Penal Code (PCPenal Code) Section 2717.1(b), the JVE shall be the sole employer of all inmate-employees in the program. The JVE shall be solely responsible for determining the applicability of, and ensuring compliance with, all State and Federal laws concerning employment of inmates and free staff including, but not limited to, applicable wage and hour laws and record keeping requirements. Nothing in this Section should be construed to modify the responsibility of the State and defined in the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Division 3, Section 3484.

  • The final decision in the hiring of inmates shall be made by the JVE.

  • The JVE shall be solely responsible for paying comparable wages in accordance with applicable Federal and State laws including, but not limited to, Employment Development Department (EDDEmployment Development Department) guidelines.

• California Prison Industry Authority (CALPIACalifornia Prison Industry Authority (formerly PIA))

  • The CDCRCalifornia Department of Corrections and Rehabilitation may contract with CALPIACalifornia Prison Industry Authority (formerly PIA) to operate and manage the JVPJoint Venture Program pursuant to PCPenal Code Section 2717.1 et seq. The CALPIACalifornia Prison Industry Authority (formerly PIA) shall cooperate with the Warden of each facility to ensure that there is no conflict between the CALPIACalifornia Prison Industry Authority (formerly PIA) operation and the proposed Joint Venture project.

• Division of Adult Parole Operations

  • The Parole Agent in the field is responsible for coordinating the introduction of the paroled JVPJoint Venture Program inmate to the Employment Development Department (EDDEmployment Development Department) representative located in their unit.

• Community Correctional Center/Facility

  • Any Community Correctional Center/Facility may participate in the JVPJoint Venture Program as long as it is certified by the CDCRCalifornia Department of Corrections and Rehabilitation. Inmate-employees must have been convicted in a California jurisdiction.

• Employment Development Department

  • The JVPJoint Venture Program will obtain from EDDEmployment Development Department, wage data, applicable Standard Occupational Classification Code (SOC), and survey data from Occupational Employment Surveys (OES) for each inmate-employee’s job description.