Cal. Code Regs. tit. 15 § 3041.2 : Crime Prevention and Corrections — Adult Institutions, Programs and Parole — Rules and Regulations of Adult Operations and Programs — Work and Education — Inmate Pay Rates, Schedule and Exceptions

(a) Pay rates at each facility for paid inmate assignments shall be commensurate with the level of skill and productivity required and shall be set with the assistance of the Institutional Inmate Pay Committee. Pay rates shall be in accord with the following general pay schedule adopted and revised by the Secretary pursuant to the Administrative Procedures Act.

(1) Pay Schedule

	Minimum/Maximum	Minimum/Maximum
Skill Level	Hourly	Monthly
_
Level 1		DOT Skill Level 9
Lead Person	$0.32-$0.37	$48-$56
Level 2		DOT Skill Levels 7-8
Special Skill	$0.19-$0.32	$29-$48
Level 3		DOT Skill Levels 5-6
Technician	$0.15-$0.24	$23-$36
Level 4		DOT Skill Levels 3-4
Semi-Skilled	$0.11-$0.18	$17-$27
Level 5		DOT Skill Levels 1-2
Laborer	$0.08-$0.13	$12-$20

(2) Monthly rates shall apply to full time employment in the job classifications and shall be paid from the support budget or inmate welfare funds. Hourly rates shall apply to half time and partial full time paid employment.

(b) Exceptions to the above schedule may be made in extraordinary circumstances. A wage comparable to that paid to inmates in the Prison Industry Authority inmate pay program may be paid for special projects or assignments that require a high degree of skill or expertise. Other exceptions may also be made in order to fill positions when recruitment or retention of inmate workers is a problem. Any exceptions based upon this subsection shall require approval, review and justification on an annual basis by the institution head or designee.

(c) Pay increases shall not be automatic or based on the inmate's longevity in an assignment. Increases or reductions in the pay rate shall be based on the work/training supervisor's recommendation, the inmate's work/training performance reports, subject to review and approval of the inmate assignment authority.

(d) Inmates may receive a pay increase only on a quarterly basis and only until the maximum pay rate for that assignment is obtained.

(e) Inmate performance rating and total hours in job categories shall be reviewed when changes in job classifications are being considered. Inmates approved for advancement to a higher skill classification shall enter the new classification at a pay grade equal or greater to their previous pay grade in the lower skill, unless the new assignment is to a non-paid position.

(f) The reason for any reduction in an inmate's pay rate, including either removing the pay status or decreasing the pay level from an assigned position or reassigning the inmate to a non-paid or lower paid position, shall be documented in the inmate's central file as follows:

(1) When the reason for a pay reduction is misconduct, including the inmate's willful refusal or failure to work as directed, the matter shall be reported in accordance with Sections 3314 and 3315 as appropriate.

(2) When the reason for a pay reduction is not the fault of the inmate, including their inability to satisfactorily perform the required duties after a reasonable effort to do so, the matter shall be documented on a CDC General Chrono.

Cal. Code Regs. Tit. 15, § 3041.2

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2811 and 5054, Penal Code.

1. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).
2. Amendment of section heading, section and Note filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
3. Change without regulatory effect amending subsection (e) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
4. Amendment filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
6. Editorial corretion of subsection (a) (Register 2013, No. 11).
7. Change without regulatory effect amending subsection (a) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).