Department Operations Manual

33040.6 Employee Association Operated Canteens and Concessions Canteens or concessions may be established at State facilities pursuant to GC 11013, W&I 4314, and PC 5005 and 5006. This Article shall not apply to canteens or concessions exempt from DGS approval nor to vending stands for the blind established by the Division of Rehabilitation of the Blind, Department of Rehabilitation. Canteens or concessions which require the approval of the DGS shall, in addition, comply with the statutory provisions under which they are established. Whether operated by a private contractor, an employee nonprofit corporation, or by the institution, the following conditions shall be met: • The State shall be reimbursed for the actual cost of equipment, space, utilities, maintenance, and administrative services furnished by the institution. Reasonable estimates may be used where it is not possible or feasible to determine such costs accurately. • The institution shall have the power to determine the operation of, and regulate the prices and merchandise sold at, the canteen and concessions. • All books and records of the canteens or concessions shall be subject to audit by the State at any time. • Each canteen or concession shall furnish the institution with a list of items for sale and prices to be charged. All items and prices are subject to the approval of the Warden. • The canteens or concessions shall comply with all applicable statutes, health laws, rules and regulations of the Department. • The State, its officers, and employees shall be released from liability for personal injury to the canteen or concession lessee, lessee's employees and guests, arising out of the lessee ’ s occupation of the demised premises. • The location of the canteen or concession may be changed at the Warden’ s discretion. • The prices charged by the canteen or concession shall not exceed those charged by similar businesses in the vicinity of the institution except where the volume of business makes this impractical. • No repairs or alterations of the premises shall be made without written consent from the institution. • The State (institution) or the lessee may terminate the agreement upon 90 days written notification. Willful violation of rules, regulations, or terms of the agreement by the lessee, shall be grounds for immediate cancellation of the agreement and removal of the lessee. • The State shall not be liable for any debts or claims that arise from the operation of the canteen or concession. 33040.7

54070.6 Maximum Monthly Canteen Draw Revised December 14, 2012 The maximum amount allowed to be withdrawn from an inmate ’ s trust account for the purpose of canteen purchases is $220.00. The maximum amount an inmate may withdraw for canteen purposes is in accordance with their IW/TIP privilege group. (Refer to DOM, Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 503 Section 53130 or CCR, Section 3044.) The maximum draw for each privilege group is: • Privilege group A: Maximum monthly canteen draw as authorized by the Secretary. • Privilege group B: One-half the maximum monthly canteen draw as authorized by the Secretary. • Privilege group C: One-fourth the maximum monthly canteen draw as authorized by the Secretary. • Privilege group D: One-fourth the maximum monthly canteen draw as authorized by the Secretary. • Privilege group U: One-half of the maximum monthly canteen draw as authorized by the Secretary. Withdrawal orders received by the Trust Office, requesting an amount larger than the inmate ’ s work/training privilege group maximum authorized draw shall be reduced by Trust Office staff to comply with the inmate ’ s work/training privilege group limit. An inmate’s regular canteen purchases shall not exceed the limits above or the inmate’s trust account balance, whichever is less. • All inmates shall present their picture identification card to the canteen staff to purchase canteen items or ducats. • Canteen staff shall review SOMS to determine the inmate’s privilege group. • Each inmate shall complete an itemized order list prior to arrival at the canteen for purchases. 54070.6.1

54070.10 Inventories The canteen and the IWF canteen warehouse shall be closed a minimum of two days each month for inventory and reconciliation of the Inventory Reconciliation Report (IRR). The IWF canteen warehouse shall be inventoried by a materials and stores supervisor and verified by the canteen manager. At least two teams consisting of either canteen civil service personnel only or two teams consisting of a civil service employee and an inmate on each team shall take separate monthly inventories of the canteen merchandise. The two counts are then compared and any differences shall be recounted. The Consolidated Inventory Report (CIR) shall be prepared by a civil service employee only. The original listing of the monthly count sheets shall be retained along with the working copy of the monthly CIR. Upon verification of both the IRR and CIR, the reports shall be turned in to the IWF accountant by the canteen manager. 54070.11

54070.1 Policy Canteens for inmate use shall be established in all institutions and camps of the Department pursuant to the California Penal Code (PC) Section 5005. The administration of canteens shall conform to all applicable laws, regulations, and the content of this procedure. Designated staff shall assure: • That all funds earned as profit from such canteens shall be deposited in the Inmate Welfare Fund (IWF). • That unless a uniform price on a canteen item is established, articles in inmate canteens shall be sold at the lowest possible price that assures the profit margin established in the annual budget and is sufficient to support the institution ’ s IWF program. • That all commodities sold in canteens are approved items for that purpose. • That a price list is established, kept current, and posted at the inmate canteen. Copies shall be made available to inmates and a copy shall be forwarded to the IWF Manager, Central Office. 54070.2

54070.5.2 Non-routine Canteen Draw Newly arrived inmates may, within 30 days of arrival, be permitted to make purchases at the canteen during any scheduled draw regardless of their last two digits of departmental identification number. Such exceptions shall not be made for the inmate’s sub sequent draws. • Conservation camp inmates shall submit their request for canteen draw to the camp lieutenant or designee. • Segregation inmates shall not be permitted to go to canteen and shall submit their canteen shopping list to the segregation unit staff. • Outpatient Housing Unit (OHU), Correctional Treatment Center (CTC), General Acute Care Hospital (GACH), or Department of Mental Health (DMH) patients shall submit their canteen shopping list to the OHU, CTC, GACH, or DMH unit staff. 54070.6

54070.5 Canteen Draw Schedule A canteen draw schedule developed by the trust office and approved by the Warden or their designee, shall: • Be published at least semi-annually. • Be posted in the housing units at each institution and camp. • List three canteen draws for each month based on the last two digits of the inmate ’ s departmental identification number. Each inmate may withdraw funds from their trust account for canteen purchase no less than once per month in accordance with the posted schedule. If an inmate misses a scheduled draw for their group (last two digits), they may submit a request for a “ make-up ” draw. Note : Due to overpopulation at some institutions, some Wardens do not authorize a “ make-up ” draw. 54070.5.1

54070.5.1 Canteen Sales Receipt When purchasing merchandise inmates shall: • Complete an itemized order list prior to purchasing canteen items. • Place a clear thumb print or three fingerprints on the canteen sales receipt. • Sign the canteen sales receipt each time a purchase is made to acknowledge the amount of the purchase and the remaining balance. Segregated inmates shall sign the approved canteen shopping list prior to submitting it to the segregation unit staff authorizing the Trust Account withdrawal, and upon receipt of the merchandise, shall sign the approved institution distribution forms to verify the amount purchased and received. 54070.5.2

54070.6.5 Inmates on Loss of Privilege Status Inmates on loss of canteen privilege pursuant to 3090(d) status shall not purchase canteen during the period of loss of canteen privileges. One monthly draw shall be lost for each 30 day loss of privileges. The disciplinary hearing officer or disciplinary committee shall notify the canteen and trust office in writing of the loss of canteen privileges. 54070.7

62060.9 Canteen BMU inmates will be allowed only one (1) draw per month. Canteen privileges shall be established by the Classification Committee as follows: Step 1 – One-fourth the maximum monthly canteen draw per CCR, Section 3044(f). Step 2 – One-fourth the maximum monthly canteen draw per CCR, Section 3044(f). Step 3 – One-half the maximum monthly canteen draw per CCR, Section 3044(e). 62060.10

23010.7 Procurement The Inmate Services Canteen Master Contracts are executed by the Office of Business Services on behalf of the Inmate Welfare Fund and are awarded to the lowest bidder consistent with quality requirements and accepted purchasing practices. The contracts are exempt from the Department of General Services approval per DGS Exemption Letter CDCR3. All contract documents shall be executed before the date of performance. No back dated documents are authorized. All contracts must contain an accurate identification of the contractor, a complete statement of work, the period of time for performance or completion of contract including beginning and ending dates. Each institution is required to purchase canteen resale items solely from the Statewide Master Contracts for all Inmate Services Canteens. If a like-commodity is available through the California Prison Industry Authority (CALPIA), purchase from CALPIA will not violate the terms of the contract agreement. IWF can only pay resale invoices for items purchased from Operations Manual DEPARMENT OF CORRECTIONS AND REHABILITATION Chapter 2 117 the contract and those invoices approved by procurement. All other resale invoices cannot be paid. 23010.7.1

54070.6.1 AD-SEG Inmate Inmates confined to AD-SEG status shall submit their canteen shopping list to the unit staff. Inmates assigned to this unit shall draw according to the last two digits of their identification numbers the same as the general population. Orders placed by these inmates shall be delivered by staff. The inmates shall not be permitted to go to the canteen. Segregated inmates shall sign the approved canteen shopping list prior to submitting it to the segregation unit staff authorizing the Trust Account withdrawal and upon receipt of the merchandise, shall sign the approved institution distribution forms to verify the amount purchased and received. 54070.6.1.1

54070.8 Hours of Operation A working canteen schedule for each facility shall be established by the Business Office and approved by the Associate Warden, Business Services, and shall consider input from the Inmate Advisory Council. The hours that canteens shall be open each day shall be posted for the benefit of all concerned. The canteens shall be closed on inventory days. 54070.9

54070.9 Quantity Inmates shall not possess canteen items and ducats (combined) in excess of the authorized monthly allowable canteen dollar limit as set by the Director. Possession of canteen items and/or ducats in excess of this limit shall result in the issuance of a disciplinary report and confiscation of the excess items and/or ducats. Special purchases of merchandise not carried in stock shall not be included in this limitation. Confiscated items shall be stored in a secure area pending adjudication of the disciplinary charges and resolution of any appeal of the disciplinary finding or disposition. If the confiscation is upheld through the disciplinary/appeal process the confiscated items shall be disposed of as described in DOM, Section 52051. 54070.10

23010.5 Revenue The following areas are the major sources of IWF revenue: • Canteens at each institution/facility (DOM Chapter 5, Article 50- Canteen). • Handicraft programs at some institutions/facilities (DOM Chapter 10, Article 5-Handicraft Programs). • Photo projects at some institutions/facilities. • Interest on investment of idle inmate funds and IWF money. • Donations. 23010.6

54070.2 Purpose The purpose of this section is to provide a standardized inmate canteen procedure that establishes guidelines for use, storage, accountability, and ordering of supplies. It provides for the purchase of approved merchandise for the inmate population from outside vendors, and establishes a method to prevent the introduction of contraband and/or unauthorized items into the prison through special canteen orders. 54070.3

53130.6.2 Group Privileges and Restrictions Privileges for Group A are as follows: • Family visits limited only by the institution/facility resources, security policy, CCR § 3177, or other law. • Visits during non-work/training hours, limited only by availability of space within facility visiting hours; or during work hours when extraordinary circumstances exist as defined in DOM § 53130.7.1. • Maximum monthly canteen draw as authorized by the Secretary of the CDCR. • Telephone access during the inmate ’ s non-work/training hours, limited only by institution/facility telephone capabilities. • Access to yard, recreation and entertainment activities during the inmate ’ s non-working/training hours and limited only by security needs. • Excused time off as described in DOM § 53130.7. • The receipt of four personal property packages, 30 pounds maximum weight each, per year; exclusive of special canteen purchases. • Special canteen purchases as provided for by DOM § 54070. Privileges for Group B are as follows: • One family visit each six months, unless limited by the provisions of CCR § 3177(b), or other law. • Visits during non-work/training hours, limited only by availability of space within facility visiting hours; or during work hours when extraordinary circumstances exist, as defined in DOM § 53130.7.1. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 446 • One-half of the maximum monthly canteen draw as authorized by the Secretary of the CDCR. • One personal telephone access period per month. • Access to yard, recreation, and entertainment activities during the inmate ’ s non-working/training hours and limited only by institution/facility security needs. • Excused time off as described in DOM § 53130.7. • The receipt of four personal property packages, 30 pounds maximum weight each, per year, exclusive of special purchases. • Special canteen purchases as provided for by DOM § 54070. Privileges for Group C are as follows: • No family visits. • One-fourth the maximum monthly canteen draw as authorized by the Secretary of the CDCR. • Telephone calls on an emergency basis only as determined by institution/facility staff. • Yard access limited by local institution/facility security needs. No access to any other recreational or entertainment activities. • No personal property packages. • No special canteen purchases. Privileges for Group D are as follows: • No family visits. • One-fourth the maximum monthly canteen draw as authorized by the Secretary of the CDCR. • Telephone calls on an emergency basis only as determined by institution/facility staff. • Yard access limited by local institution/facility security needs. No access to any other recreational or entertainment activities. • The receipt of one personal property package, not to exceed 30 pounds maximum weight, per year, exclusive of special purchases as provided in CCR § 3190. Inmates shall be eligible to acquire a personal property package after completion of one year of Privilege Group D assignment. • One special canteen purchase of one television or one radio or one radio/TV combination unit. Privileges for Group U are as follows: • No family visits. • Canteen purchases. One-half of the maximum monthly canteen draw as authorized by the Secretary of the CDCR. • Telephone calls on an emergency basis only as determined by institution/facility staff. • Yard access, recreation, and entertainment limited by local institution/facility security needs. • Excused time off as described in DOM § 53130.7. • No special canteen purchases. • No personal property packages. 53130.6.2.1

54070.6.1.1 General Population Lockdown During a general population lockdown, canteen purchases may or may not be permitted at the Warden ’ s discretion. 54070.6.2

54070.6.3 Camp Inmate Conservation camp inmates shall submit their request for canteen draw to the camp lieutenant or designee for processing. 54070.6.4

54070.7 Redemption of Canteen Yard Ducats On May 31 of each year ducats of a different color shall be made available and only these ducats shall then be authorized. The institution shall provide sufficient notice of the ducat exchange by posting this information in a conspicuous location available to the inmate population and by using any other means available which shall have the effect of notifying all inmates. June 30 is the established date by which to exchange old ducats for new . Upon expiration of the established period of time, ducats shall not be accepted for purchase, exchange, or redemption, except in cases of extenuating circumstances, such as the inmate being out-to-court or in any medical or mental health facility licensed under Title 22 of the California Code of Regulations. 54070.8

54070.3 Responsibility The Warden shall be responsible for the administration of the institutional canteen program. They may delegate the administration/supervision of this program to the Associate Warden of Business Services. Associate Warden, Business Services The Associate Warden of Business Services shall assign or delegate one of their subordinates to: • Supervise the canteen manager. • Ensure canteens are well-stocked with approved sale items and a list of available approved merchandise, prices for each item, and canteen operating hours are posted at each canteen. • Implement the provisions of this section. • Periodically consult with the inmate Institution Advisory Council (IAC) and/or their inmate canteen committee in canteen stock selections. Captain The captain shall ensure that all canteen lines are properly supervised and controlled during the canteen hours of operation. Sufficient custody staff shall be assigned to provide direct supervision and control to ensure the safety and security of the canteens. 54070.4