Section 3041.2 - Incarcerated Person Pay Rates, Schedule and Exceptions(a) Pay rates at each facility for paid incarcerated person assignments shall be commensurate with the level of skill and productivity required and shall be set with the assistance of the Institutional Incarcerated 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) General Pay Schedule | Pay Scale Levels | Minimum/Maximum Per Hour for Hours Worked |
| Level 1 (DOT 9) | |
| Lead Person | $0.64-$0.74 |
| Level 2 (DOT 7-8) | |
| Special Skill | $0.38-$0.64 |
| Level 3 (DOT 5-6) | |
| Technician | $0.30-$0.48 |
| Level 4 (DOT 3-4) | |
| Semi-Skilled | $0.22-$0.36 |
| Level 5 (DOT 1-2) | |
| Laborer | $0.16-$0.26 |
(2) Conservation Camp Pay Schedule Grade Inmates (Firefighters) | Max Daily Rate |
| Grade | |
| Grade 1 | $10.24 |
| Grade 2 | $7.80 |
| Grade 3 | $6.68 |
| Grade 4 | $5.80 |
(3) Pay rates shall apply to employment in the job classifications and shall be paid from the support budget or incarcerated welfare funds.(b) Exceptions to the above schedules may be made in extraordinary circumstances. A wage comparable to that paid to incarcerated persons in the Prison Industry Authority incarcerated person 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 incarcerated workers is a problem. Any exceptions based upon this subsection shall require approval, review and justification on an annual basis by the institution head and Director of Division of Adult Institutions or designees.(c) Pay increases shall not be automatic or based on the incarcerated person's longevity in an assignment. Increases or reductions in the pay rate shall be based on available funding, the work/training supervisor's recommendation, and the incarcerated person's work/training performance reports, subject to review and approval of the incarcerated person assignment authority.(d) Incarcerated persons may receive a pay increase only on a quarterly basis and only until the maximum pay rate for that assignment is obtained.(e) Incarcerated person performance rating and total hours in job categories shall be reviewed when changes in job classifications are being considered. Incarcerated persons 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 incarcerated person's pay rate, including either removing the pay status or decreasing the pay level from an assigned position or reassigning the incarcerated person to a non-paid or lower paid position, shall be documented in the incarcerated person's central file as follows: (1) When the reason for a pay reduction is misconduct, including the incarcerated person'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 incarcerated person, 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 2700 and 5054, Penal Code.
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).
8. Amendment of section and NOTE filed 4-16-2024; operative 4/16/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 16).
9. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).