BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1445| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1445 Author: Mitchell (D), et al. Amended: 7/6/12 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/12/12 AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg NO VOTE RECORDED: Calderon ASSEMBLY FLOOR : 71-0, 3/15/12 - See last page for vote SUBJECT : Jails: county inmate welfare funds SOURCE : Los Angeles County Sheriffs Department DIGEST : This bill (1) extends the operative period for two years to January 1, 2015, for a pilot program allowing specified county sheriffs to use inmate welfare fund money to provide former county jail inmates with reentry services upon their release; (2) adds the counties of Marin, Napa, San Luis Obispo, and Ventura to this pilot program to extend the period of time in which inmate welfare fund money could be used for these purposes from 14 to 30 days after the inmate's release; and (3) provides that, for purposes of this pilot program, inmate welfare fund money may not be used to provide services required to be provided by the county or sheriff and may not supplant any existing funding for services provided by the county or sheriff. Senate Floor Amendments of 7/6/12 require the sheriff to CONTINUED AB 1445 Page 2 include specified data on these expenditures within an already required annual report on the inmate welfare fund, required to be submitted to the county board of supervisors. ANALYSIS : Existing law authorizes a county sheriff to establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionary, tobacco and tobacco users' supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to inmates. (Penal Code Section 4025(a).) Existing law provides that the sale prices of the articles offered for sale at the store shall be fixed by the sheriff. Any profit shall be deposited in the inmate welfare fund to be kept in the treasury of the county. (Penal Code Section 4025(b).) Existing law provides that any money, refund, rebate, or commission received from a telephone company or pay telephone provider shall be deposited in the inmate welfare fund when the money, refund, rebate, or commission is attributable to the use of pay telephones which are primarily used by inmates while incarcerated. (Penal Code Section 4025(d).) Existing law provides that the money and property deposited in the inmate welfare fund shall be expended by the sheriff primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of the inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to the salary and benefits of personnel used in the programs to benefit the inmates including, but not limited to, education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the sheriff. Inmate welfare funds shall not be used to pay required county expenses of confining inmates in a local detention system, such as meals, clothing, housing, or medical services or expenses, except that inmate welfare funds may be used to augment those required county expenses as determined by the sheriff to be in the best interests of CONTINUED AB 1445 Page 3 inmates. An itemized report of these expenditures shall be submitted annually to the board of supervisors. (Penal Code Section 4025(e).) Existing law authorizes the sheriff to expend money from the inmate welfare fund to provide indigent inmates prior to the release from the county jail or other adult correctional facility under the sheriff's jurisdiction with essential clothing and transportation expenses. (Penal Code Section 4025(i).) Existing law creates a pilot program in the counties of Alameda, Kern, Los Angeles, Orange, Sacramento, San Bernardino, San Francisco, San Diego, Santa Barbara, Santa Clara, and Stanislaus. In each county the sheriff, or, in the County of Santa Clara, the chief of correction, may expend money from the inmate welfare fund to provide indigent inmates after release from the county jail or any other adult detention facility under the jurisdiction of the sheriff, or, in the County of Santa Clara, the chief of correction, assistance with the reentry process within 14 days after the inmate's release. The assistance provided may include, but is not limited to, work placement, counseling, obtaining proper identification, education, and housing. This pilot program will expire on January 1, 2013, unless extended. This bill: 1.Adds the counties of Marin, Napa, San Luis Obispo, and Ventura to this pilot program. 2.Extends the period of time in which inmate welfare fund money could be used to provide former county jail inmates with reentry services from 14 days to 30 days from the date of their release. 3.Provides that, for purposes of this pilot program, inmate welfare fund money may not be used to provide services required to be provided by the county or sheriff and may not supplant any existing funding for services provided by the county or sheriff. 4.Requires, if a county elects to participate in the pilot CONTINUED AB 1445 Page 4 program, a county sheriff or county officer responsible for operating a jail to include specified additional information in the itemized report of expenditures to the board of supervisors, including the number of inmates the program served. 5.Extends the sunset on this program two years to January 1, 2015. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/10/12) Los Angeles County Sheriff's Department (source) California Council of Community Mental Health Agencies California Communities United Institute California Narcotic Officers' Association California Peace Officers' Association California Police Chiefs Association California Public Defenders Association California State Sheriffs' Association Crime Victims Action Alliance Drug Policy Alliance Mental Health America of California Napa County Board of Supervisors National Association of Social Workers, California Chapter Sacramento County Sheriff's Department Ventura County Board of Supervisors OPPOSITION : (Verified 7/10/12) Friends Committee on Legislation Legal Services for Prisoners with Children ARGUMENTS IN SUPPORT : The California Public Defenders Association states: The inmate welfare fund re-entry pilot project operating in 11 counties under Penal Code section 4025.5 was created to provide post-release assistance to indigent inmates the areas of work placement, counseling, education, housing and obtaining identification cards. Such areas are absolutely CONTINUED AB 1445 Page 5 essential to paving the way for formerly incarcerated persons to become self-sufficient and contributing members of the community. Helping an indigent inmate obtain an identification card prior to or shortly after release makes smart fiscal sense and will enhance public safety. The extension of inmate welfare fund use from 14 days post-release to 30 days increases the likelihood of a seamless transition in crucial areas of housing and employment thereby reducing the risk of homelessness. Many job applications and public benefits, including SSI, Medi-Cal and Medi-Caid, as well as CalFRESH, CalWORKs and public housing vouchers, all require presentation of a valid California ID in order to process requests. The process of obtaining an identification card in custody is cumbersome and does not happen on a regular basis prior to release. Even when forms are filled out properly, the processing of applications for a California ID can take months. Many other applications for identification cards are kicked back months later because a certain space was not filled out or is illegible. The risk of homelessness is reduced if a formerly imprisoned person is able to present identification when seeking to rent an apartment, reside in a sober living home, or participate in a residential drug treatment program. ARGUMENTS IN OPPOSITION : The Friends Committee on Legislation states: While we are very supportive of assisting indigent prisoners with re-entry, we think that funding these services from the Inmate Welfare Fund is inappropriate. As incarceration first and foremost involves the deprivation of personal liberty, we believe there is a moral and ethical obligation for local jails to fund these essential services. Monies deposited into the Inmate Welfare Fund derive from the disenfranchised and economically disadvantaged family members of the incarcerated in the form of exorbitantly expensive rates they pay on collect phone calls from their incarcerated loved ones. CONTINUED AB 1445 Page 6 If county Inmate Welfare Funds are enjoying large cash surpluses, we should consider reducing the costs of these collect calls. Under realignment some local prisoners will be serving lengthy jail sentences. Therefore, there is certain to be considerable need for those modest amenities that make life in jail a little less unbearable. AB 1445 presents a slippery slope. We are in essence privatizing the provision of re-entry services and creating the expectation that the Inmate Welfare Fund is a potential funding source for a whole range of services. ASSEMBLY FLOOR : 71-0, 3/15/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Dickinson, Donnelly, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Jeffries, Jones, Knight, Lara, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Davis, Eng, Fletcher, Gorell, Harkey, Huffman, Logue, Bonnie Lowenthal, V. Manuel Pérez RJG:n 8/8/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED