Home Table of Contents

§ 8004.1. CALPIA Incarcerated Individuals Worker Hiring Standards and Requirements.

15 CA ADC § 8004.1Barclays 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 3. CALPIA Incarcerated Individual Work, Training, and Education
15 CCR § 8004.1
§ 8004.1. CALPIA Incarcerated Individuals Worker Hiring Standards and Requirements.
Currentness
(a) CALPIA must fill vacant job/training positions based on the following standards:
(1) Skill level evidenced by the incarcerated individual's technical expertise, ability, and knowledge.
(2) Behavior and relationships with others evidenced by the incarcerated individual's ability to work with staff and other authority figures, work/training supervisors, and other incarcerated individuals.
(3) Attitude and adaptability evidenced by the incarcerated individual's willingness to learn, take directions, and orders.
(4) Work/training habits evidenced by the incarcerated individual's punctuality, dependability, care of equipment, and safety practices.
(5) Formal education and training evidenced by the incarcerated individual's preparation for the work/training assignment and the ability to read, write, and speak effectively.
(6) Ethnic Balance. Ethnic balance is achieved by assigning identified ethnicities for CALPIA work/training positions in proportion to those represented within the incarcerated individual yards at the institution.
(b) Incarcerated individuals must meet a minimum intake requirement of two (2) years and a maximum of five (5) years from their earliest possible release date (EPRD), on the date of application for all CALPIA assignments or apprenticeship/training positions.
(c) On the date of application, incarcerated individuals assigned from the following locations may utilize an alternate intake requirement of a minimum of two months and a maximum of 60 months from their earliest EPRD.
(1) Reception Centers with a temporary or transient incarcerated individual population resulting in incarcerated worker unavailability.
(2) Institutions with a Level 1 incarcerated individual population.
(d) Incarcerated individuals must meet the minimum qualifications to perform the essential job functions.
(e) Incarcerated individuals with qualified learning disabilities under the Americans with Disabilities Act of 1990 (ADA), as defined in Section 8000, and who have complied with CCR, Title 15, Division 3, Section 3085, may be accommodated with an exemption to 8004.1(d) unless the accommodation would result in financial or administrative burden, or unsafe working conditions for CALPIA.
(f) Prior to using any of the above alternate intake requirements, a written waiver of authorization must be obtained annually by the Warden at each institution/facility from the CALPIA General Manager in coordination with the CALPIA Administrator/Lead Manager at each specific enterprise.
(g) Within two years of initial CALPIA assignment, CALPIA incarcerated individual workers must complete a General Education Diploma (GED), high school diploma, or Certificate of Attendance and Participation (CAP) unless that is not feasible due to disabling conditions documented in the incarcerated individual's C-File, in which case the incarcerated individual worker must be concurrently enrolled in classes to obtain a GED, high school diploma, or CAP while in a work assignment with CALPIA.
(h) CALPIA incarcerated individual workers must remain in their current skill level, as specified in Section 8006(d)(1), while completing a GED or high school diploma and must not be allowed to promote to a higher pay skill level until this educational requirement is satisfied.

Credits

Note: Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2801 and 2805, Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 327; and Section 35.130, Title 28, Code of Federal Regulations.
History
1. New section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Editorial correction of subsection (d) (Register 2016, No. 17).
3. Amendment of subsections (d) and (e) filed 12-21-2017; operative 4-1-2018 (Register 2017, No. 51).
4. Amendment of subsection (d), repealer of subsection (e), subsection relettering and amendment of newly designated subsections (e) and (g) filed 1-28-2019; operative 4-1-2019 (Register 2019, No. 5).
5. Change without regulatory effect amending section filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).
6. Amendment of subsections (a)(6), (c)(A)-(B) and (g) and new subsection (h) filed 11-18-2021; operative 1-1-2022 (Register 2021, No. 47).
7. Change without regulatory effect amending section filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).
8. Change without regulatory effect amending subsection (f) filed 6-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 24).
9. Change without regulatory effect amending subsection (c), redesignating subsections (c)(A)-(B) as (c)(1)-(2) and amending newly designated subsection (c)(1) filed 4-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 16).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 8004.1, 15 CA ADC § 8004.1
End of Document