BILL NUMBER: AB 2391	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 19, 2010

    An act to amend Section 5006 of the Penal Code, relating
to corrections.   An act to add Section 3052.5 to the
Penal Code, relating to parole. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2391, as amended, Torrico.  Corrections: Inmate Welfare
Fund: audit reports.   Parole.  
   Existing law generally regulates the granting and conditioning of
parole, and places the duty to monitor parolees on the Department of
Corrections and Rehabilitation, Division of Adult Parole Operations.
 
   This bill would require the Department of Corrections and
Rehabilitation to classify parolees into a 5-tiered parole
supervision system, as specified. The bill would require the
department to allocate available supervision resources consistent
with meeting the supervision requirements of all 5 tiers. 

   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 3052.5 is added to the 
 Penal Code   , to read:  
   3052.5.  (a) Upon the granting of parole, the Department of
Corrections and Rehabilitation shall classify each parolee in one of
the following five tiers:
   (1) Tier 1 parolees are those who have two strikes against them,
parolees who are on parole pursuant to the conviction of a sex
offense, and parolees participating in an enhanced outpatient
program.
   (2) Tier 2 parolees are those who are on parole pursuant to the
conviction of high drug, high property, or high violence crimes and
who have been assessed with a validated risk assessment tool score of
medium or high.
   (3) Tier 3 parolees are those who are not classifiable as Tier 1,
2, 4, or 5 parolees pursuant to this section.
   (4) Tier 4 parolees are those pending revocation and parolees in
custody including, parolees participating in a jail-based in-custody
drug treatment program, civil addicts pending discharge, and gravely
ill parolees.
   (5) Tier 5 parolees are those who are on nonrevocable parole
pursuant to Section 3000.03 of the Penal Code.
   (b) The department shall allocate available supervision resources
consistent with meeting the supervision requirements of all five
tiers specified in this section.  
  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 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.