The ordinance codified in this chapter may be cited as the "Contributions
to Victim Witness Assistance Program Ordinance of Merced County."
(Ord. 1939 § 1, 2015)
The Merced County board of supervisors makes the following findings
in support of the enactment of the ordinance codified in this chapter:
A.
In 1990,
the voters of the state of California approved Proposition 139 (codified
as California Penal Code Section 2717.1 et seq.) which established
the Joint Ventures Program (JVP) as a rehabilitation program within
the California Department of Corrections and Rehabilitation (CDCR).
B.
The
intent of Proposition 139 was to enable opportunities for inmates
to gain valuable work experience and job-skills training, in addition
to providing valuable benefits to business owners. The JVP is managed
by the California Prison Industry Authority (CALPIA) on behalf of
CDCR.
C.
In 2001
the CALPIA developed the Inmate Employability Program (IEP) to enhance
the ability of CALPIA participants to obtain meaningful jobs upon
release, thus reducing recidivism and contributing to safer communities.
D.
The
intent of CALPIA work assignments allow participants the chance to
obtain and apply the skills and experience in a real work environment.
CALPIA participants also develop a valuable work portfolio that can
be used by the parolee, parole agents, and employment specialists
for job preparation and placement.
E.
The
California Prison Industry Authority (CALPIA) operates a Joint Venture
Program (JVP) within the California state prisons.
F.
Pursuant
to California Code of Regulations Title 15 Section 3485 "Inmate
Joint Venture Program Participation" Section (h) wages earned
by each inmate participating in a Joint Venture Program operation
shall be subject to the following deductions, which shall not exceed
80% of the inmate's gross wages: (1) federal, state and local
taxes; (2) 20% of the inmate's net wages after taxes shall be
for any lawful restitution fine or contributions to any fund established
by law to compensate the victims of crime; (3) 20% of the inmate's
net wages after taxes shall be for costs of room and board which shall
be remitted to the department; (4) 20% of the inmate's net wages
after taxes for allocations for support of family pursuant to state
statute, court order, or agreement of the inmate. If the inmate chooses
not to send money to a family member, and there is no court order
withholding, these funds will be deposited in mandatory savings.
G.
Pursuant
to California Code of Regulations, Title 15 Section 3485(h)(2), paid
prisoners working in these programs are required to have 20% of their
earnings deducted from their wages to pay restitution fines or contribute
to funds established for victims of crimes.
(Ord. 1939 § 1, 2015)
The following words and phrases shall have the following meaning
when used in this chapter:
means the board of supervisors of Merced County.
means the California Prison Industry Authority.
means California Department of Corrections and Rehabilitation.
means a gift or payment to a common fund or collection.
means the county of Merced.
means the District Attorney of Merced County.
means Inmate Employability Program.
means the Joint Venture Program.
means and includes natural persons, corporations, firms,
partnerships, joint stock companies, associations and other organizations
of person and public entities.
(Ord. 1939 § 1, 2015)
A.
The
Merced County District Attorney shall be responsible for implementation
of this chapter and regulations adopted by the board of supervisors.
B.
The
Merced County District Attorney shall establish a Victim Witness Assistance
Program fund in accordance with California Code of Regulations Title
15 Section 3485(h)(2).
C.
The
Merced County District Attorney shall deposit any federal or state
contributions dedicated for Victim Witness Assistance Program that
come from wages or earnings of prisoners into the Victim Witness Assistance
Program fund.
(Ord. 1939 § 1, 2015)
