(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-incarcerated employees shall be admitted
onto or excluded from departmental or departmentally leased property.
(3) A provision for Joint Venture Employer
non-incarcerated 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 incarcerated employees
shall be paid "comparable wages" as defined by PC section 2717.8. "Comparable
wages" means that compensation of incarcerated employees by the Joint Venture
Employer shall be comparable to the wages paid by the Joint Venture Employer to
non-incarcerated employees performing the same or similar work for that
employer. If the Joint Venture Employer does not employ such non-incarcerated
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 incarcerated employees for compliance
with the comparable wage requirement of PC section 2717.8.
(6) Hours of incarcerated person employment
and work schedule.
(7) Minimum and
maximum incarcerated person 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 incarcerated 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) Incarcerated
employees benefits.
(H)
Notification to incarcerated 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 incarcerated person 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 incarcerated 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-incarcerated employees
performing the same or similar work for that employer, a detailed job
description, wage rate, and a wage plan for its non-incarcerated 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 incarcerated
employees, which is a decision within the sole determination of the Joint
Venture Employer.
(N) Incarcerated
employees time keeping.
(O)
Workers' Compensation Rate.
(P)
Agreement that the Joint Venture Employer's business will not result in the
displacement of any non-incarcerated workers performing the same
work.
(Q) The process used by JVE
for final selection of incarcerated 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) Incarcerated employee performance
evaluations.
(T) Requirement to
post notices of employee rights.
(U) Provision of all applicable incarcerated
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 incarcerated employees
may be restricted from work.
(C)
Right of entry and searches of the area leased by the Joint Venture
Employer.
(D) Incarcerated employee
discipline.
(E) Program
evaluation.
(F) Initial screening
of potential incarcerated employee pool for security purposes.
