Opinion No. (2006)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE PRISON INDUSTRY BOARD has requested an opinion on the following question: May the Prison Industry Board create a position exempt from the civil service system for an executive officer of the board? CONCLUSION The Prison Industry Board may not create a position exempt from the civil service system for an executive officer of the board. ANALYSIS The Prison Industry Authority ("Authority") is charged with developing and operating a variety of self-sufficient manufacturing, agricultural, and service industries employing state prisoners. Penal Code section 2801 1 provides: "The purposes of the authority are: "(a) To develop and operate industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the Department of Corrections, which enterprises may be located either within those institutions or elsewhere, all as may be determined by the authority. "(b) To create and maintain working conditions within the enterprises as much like those which prevail in private industry as possible, to assure prisoners employed therein the opportunity to work productively, to earn…