BILL NUMBER: AB 2391	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 19, 2010

   An act to amend Section 5006 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2391, as introduced, Torrico. Corrections: Inmate Welfare Fund:
audit reports.
   Existing law requires all moneys held for the benefit of prisoners
to be deposited in the Inmate Welfare Fund of the Department of
Corrections and Rehabilitation to be used for the benefit, education,
and welfare of inmates of prisons and institutions of the
department, including for certain expenses relating to inmate
canteens and hobby shops. All net proceeds from the operation of
canteens and hobby shops and any moneys which may be assigned to the
state prison by prisoners for deposit in the fund are required to be
deposited in the Inmate Welfare Fund. Existing law requires the
Department of Finance to conduct a biennial audit of the Inmate
Welfare Fund to include an audit report which summarizes expenditures
from the fund by major categories, and requires at least one copy of
any statement of operations or audit report to be placed in each
library maintained by the department and be available to any inmate.
   This bill would require each audit report to also be submitted to
the Legislature.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5006 of the Penal Code is amended to read:
   5006.  All moneys now held for the benefit of prisoners including
that known as the Inmate Canteen Fund of the California Institution
for Men, and the Inmate Welfare Fund of the California Institution
for Women, and the Trust Contingent Fund of the State Prison at
Folsom, and the S.P.L. Commissary, Canteen Account, Hobby
Association, Camp Account, Library Fund, News Agency of the State
Prison at San Quentin, the Prisoners' Fund, and the Prisoners'
Employment Fund, shall be deposited in the Inmate Welfare Fund of the
Department of Corrections  and Rehabilitation  , in the
State Treasury, which fund is hereby created. The money in the fund
shall be used for the benefit, education, and welfare of inmates of
prisons and institutions under the jurisdiction of the Department of
Corrections  and Rehabilitation  , including  , 
but not limited to  ,  the establishment, maintenance,
employment of personnel for, and purchase of items for sale to
inmates at canteens maintained at the state institutions, and for the
establishment, maintenance, employment of personnel and necessary
expenses in connection with the operation of the hobby shops at
institutions under the jurisdiction of the Department of Corrections
 and Rehabilitation  .
   There shall be deposited in the Inmate Welfare Fund all net
proceeds from the operation of canteens and hobby shops and any
moneys which may be assigned to the state prison by prisoners for
deposit in the fund. The moneys in the fund shall constitute a trust
held by the  Director of Corrections   Secretary
of the Department of Corrections and Rehabilitation  for the
benefit and welfare as herein defined of all of the inmates of
institutions and prisons under the jurisdiction of the Department of
Corrections  and Rehabilitation  .
   The Department of Finance shall conduct a biennial audit of the
Inmate Welfare Fund to include an audit report which shall summarize
expenditures from the fund by major categories. At the end of each
intervening fiscal year, a statement of operations shall be prepared
which shall contain the same information as would be provided in the
biennial audit. At least one copy of any statement of operations or
audit report shall be placed in each library maintained by the
Department of Corrections  and Rehabilitation  and shall be
available there to any inmate.  Each audit report shall also be
submitted to the Legislature.