Cal. Code Regs. tit. 15 § 3104

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3104 - Incarcerated Person Handicraft Sales

(a) Handicraft items may be sold to the public only at the facility and as otherwise may be specifically authorized by the institution head.

(b) The sale price of handicraft items shall be set by the incarcerated person. An additional 10 percent mark up shall be added to the price of all articles placed for sale.

(1) One percent of the mark up shall be given to the incarcerated person for the purpose of refunding duplicate sales tax paid on raw materials used in the handicraft articles sold.

(2) Nine percent of the mark up shall be deposited into the Incarcerated Welfare Fund for the purpose of offsetting administrative costs.

(c) Incarcerated person handicraft items shall not be sold or given to other persons for the purpose of resale, except as set forth in subsection (a).

Comment: Former DP-2205, dealing in handicraft.

Former DP-2206, sales of handicraft.

Cal. Code Regs. Tit. 15, § 3104

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2812 and 2813, Penal Code.

1. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
2. Amendment of section heading and subsection (a), new subsection (b), subsection relettering, and amendment of newly designated subsection (c) filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section 11346.1(f) (Register 95, No. 30).
4. Amendment of section heading and subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (c) filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
6. Amendment of subsection (b), new subsections (b)(1)-(2) and amendment of Note filed 5-6-2002; operative 6-5-2002 (Register 2002, No. 19).
7. 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).