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§ 8006. Incarcerated Individuals' Pay Rates, Schedule, and Movement.

15 CA ADC § 8006Barclays 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 § 8006
§ 8006. Incarcerated Individuals' Pay Rates, Schedule, and Movement.
Currentness
(a) Incarcerated individuals assigned to programs within CALPIA must receive compensation as determined by the General Manager and reviewed by the Prison Industry Board (PIB). Compensation is paid from the Prison Industries Revolving Fund and in accord with the graduated pay schedule, and based on quality and quantity of work, performance, technical skills, and abilities required for performance.
(b) The General Manager must submit proposed changes to the Incarcerated Individual Pay Schedule to the PIB for review.
(c) The General Manager makes the final determination of disputes or interpretations of the Incarcerated Individual Pay Schedule.
(d) CALPIA incarcerated individual pay rates must follow the below skill and step levels:
(1) Incarcerated Individual Pay Schedule:
Skill Level
Step I
Step II
Step III
Level 1
Leadperson (AA)
$.80
$.90
$1.00
Level 2
Special Skills (A)
.70
.75
.80
Level 3
Technician (B)
.60
.65
.70
Level 4
Semi-Skill (C)
.50
.55
.60
Level 5
Laborer/Entry Trainee (D)
.35
.40
.45
(e) The Prison Industries Administrator/Lead Manager at each facility is responsible for the administration of the CALPIA incarcerated individual pay program, ensuring pay positions are properly classified and allocated.
(f) Movement between one pay rate to another pay rate is based upon the following:
(1) Pay increases. Increases are not automatic or solely based on the incarcerated individual's longevity in an assignment. Increases in the pay rate are based on the incarcerated individual’s productivity (quality and quantity of work, performance, technical skills, and abilities required for performance), the supervisor’s recommendation, the work/training performance report, and subject to the review and approval of the Prison Industries Administrator/Lead Manager.
(A) Incarcerated individuals may receive a pay increase for satisfactory performance after they complete three months of participation in each step level, as described in subsection (d)(1) above.
(B) Incarcerated individuals pay increases from Step I to Step II and finally Step III are effective upon the Prison Industries Administrator/Lead Manager approval on the first day of the following month after the pay increase is administratively processed.
(2) Pay decreases. Reduction in pay is based on the immediate supervisor's recommendation, incarcerated individual's less than satisfactory performance, or incarcerated individual misconduct as described in Title 15, California Code of Regulations (CCR), Division 3, Sections 3312, 3314, or 3315.
(A) Incarcerated individual pay decreases are effective upon the Prison Industries Administrator/Lead Manager review and approval on the first day of the following month after the pay decrease is administratively processed.
(3) Advancement. Incarcerated individuals may advance to a higher skill level, as described in subsection (d)(1), with the immediate supervisor's recommendation and based upon the incarcerated individual's demonstration of increased skill level, and their work/training performance report, and after the review and approval of the Prison Industries Administrator/Lead Manager.
(A) Incarcerated individuals may advance from one skill level to the next after they complete one month of participation in their current skill level, as described in subsection (d)(1) above.
(B) Incarcerated individual's advancement is effective upon the Prison Administrator/Lead Manager approval on the first day of the following month after the pay increase is administratively processed.
(C) An incarcerated individual's longevity is not a criteria for the purpose of upgrading skill level.
(4) Removal beyond an incarcerated individual's control. Incarcerated individuals removed from their assignment for reasons beyond their control, including, but not limited to out-to-court or lengthy hospital stay, may return to a CALPIA assignment at the same or closest level of pay to their former position, if a position is available, via the institution classification committee process, Title 15, CCR, Division 3, Section 3040.
(g) Overtime pay will be provided for incarcerated individuals when an incarcerated individual works more hours than that incarcerated individual's scheduled workable hours in a single month.
(1) Overtime pay will be calculated at 1.5 times the rate of straight time pay.
(2) “Workable hours” are defined as the scheduled hours an incarcerated individual is assigned to work in a single month.
a. Example: a 5-day a week factory with 6.5 hours of scheduled work shift for an incarcerated individual in a month with 22 workdays in a month has 143 scheduled workable hours. This incarcerated individual must be paid overtime for all hours worked in that same month beyond the incarcerated individual's 143 workable hours.
b. Example: an incarcerated individual working four (4) ten (10) hour shifts per week in a month with 16 working days scheduled in that month, has 160 workable hours in that month. This incarcerated individual will be paid overtime for hours worked in that same month beyond the incarcerated individual's 160 workable hours.
c. Example: an incarcerated individual scheduled to work four (4) hours a day in a 5-day a week factory, with 20 working days scheduled in a month, has 80 hours of scheduled workable hours. This incarcerated individual will be paid overtime for hours worked in that same month beyond the incarcerated individual's 80 workable hours.
(3) “Factory workable hours” is defined as the number of working hours per day and working days in a month for the factory.
(4) There will be one exception for calculating overtime, but not lost hours, for an impact to an incarcerated individual that prevents them from coming to work because of safety and security of the prison or factory (S time) is counted as worked hours. S hours are hours for which the incarcerated individual does not work in the incarcerated individual's CALPIA assignment because of reasons beyond the incarcerated individual's control. For example, a CALPIA factory is not operating because of direction from the General Manager, or the CDCR Institution has stopped all incarcerated individual movement from housing units precluding movement of incarcerated individuals to their CALPIA assignments.

Credits

Note: Authority cited: Sections 2800, 2801, 2808 and 2811, Penal Code. Reference: Sections 2805, 2806 and 2811, Penal Code.
History
1. New section filed 3-8-2012; operative 4-7-2012 (Register 2012, No. 10).
2. Amendment of subsection (d)(1) filed 3-22-2017; operative 7-1-2017 (Register 2017, No. 12).
3. New subsections (g)-(g)(4). Change without regulatory effect amending section heading and section filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).
4. New subsections (g)-(g)(4) filed 8-9-2021; operative 10-1-2021 (Register 2021, No. 33). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of subsections (a), (f)(1)-(f)(1)(A), (f)(2), (f)(3)(A) and (f)(4) and amendment of Note filed 10-20-2021; operative 1-1-2022 (Register 2021, No. 43). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
6. Change without regulatory effect amending section filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).
7. Change without regulatory effect amending section heading and section filed 7-15-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 28).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 8006, 15 CA ADC § 8006
End of Document