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§ 8000. Definitions.

15 CA ADC § 8000Barclays Official California Code of Regulations

Barclays 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
15 CCR § 8000
§ 8000. Definitions.
“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.

Credits

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.
History
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).
11. Editorial correction of printing error separating definition of “Family Member” from definition of “External Accreditation Certificate” (Register 2024, No. 12)
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 8000, 15 CA ADC § 8000
End of Document