BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1445|
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                                 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 
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          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 

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          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 

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            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 

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               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.

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               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

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