BILL NUMBER: SB 542 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY MAY 30, 2012
AMENDED IN ASSEMBLY MARCH 1, 2012
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE MAY 5, 2011
AMENDED IN SENATE APRIL 14, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 2786, 5006, 5006.1, and 5007
of , and to amend, repeal, and add Section 5006 of,
the Penal Code, relating to the Inmate Welfare Fund, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 542, as amended, Price. Inmate Welfare Fund.
Existing law establishes the Inmate Welfare Fund of the Department
of Corrections and Rehabilitation in the State Treasury. Existing
law requires that the money in the fund constitute a trust to be used
for the benefit, education, and welfare of inmates of prisons and
institutions under the jurisdiction of the department, as specified.
Existing law requires the Department of Finance to conduct a biennial
audit of the fund and, at the end of each intervening fiscal year,
to prepare a statement of operations.
This bill , until January 1, 2018, would
authorize the use of moneys in the Inmate Welfare Fund for
reentry programs, as described education programs,
hobby and recreational programs, as specified, inmate family visiting
services, leisure- time activities, and assistance with
obtaining photo identification from the Department of Motor Vehicles
, and would specify the intent of the Legislature that the
moneys not be used for programs that the department is required to
provide. The bill , until January 1, 2018, would
require the warden of each institution and specified other
stakeholders to meet at least biannually to determine how the money
is used in that institution.
Under existing law, funds from the Inmate Welfare Fund are
prohibited from being used for specified expenses, including overtime
for staff, television repair, and athletic or recreation supplies.
Under existing law, moneys in the fund, as they relate to state
prison camps, are continuously appropriated.
This bill would authorize the use of fund moneys for
athletic and recreation supplies, and reentry programs
educational programs, inmate family visiting services, leisure-time
activities, and assistance with obtaining photo identification from
the Department of Motor Vehicles , thereby making an
appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2786 of the Penal Code is amended to read:
2786. All money received pursuant to this article in the Inmate
Welfare Fund of the Department of Corrections and Rehabilitation is
hereby appropriated for educational, recreational, and
reentry programs other purposes described in Section
5006 at the various prison camps established under this article
and shall be expended by the secretary upon warrants drawn upon the
State Treasury by the Controller after approval of the claims by the
California Victim Compensation and Government Claims Board. It is the
intent of the Legislature that moneys in this fund only be expended
on services other than those that the department is required to
provide to inmates.
SEC. 2. Section 5006 of the Penal Code is amended to read:
5006. (a) (1) All moneys now held for the benefit of inmates
currently housed in Department of Corrections and Rehabilitation
facilities including those known as the Inmate Canteen Fund of the
California Institution for Men; the Inmate Welfare Fund of the
California Institution for Women; the Trust Contingent Fund of the
California State Prison at Folsom; the S.P.L. Commissary, Canteen
Account, Hobby Association, Camp Account, Library Fund, News Agency
of the California 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 is hereby created. The money in the fund
shall be used solely for the benefit and welfare of inmates of
prisons and institutions under the jurisdiction of the Department of
Corrections and Rehabilitation, including the following:
(A) The establishment, maintenance, employment of personnel for,
and purchase of items for sale to inmates at canteens maintained at
the state institutions.
(B) 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.
(C) Educational programs, hobby and recreational programs,
reentry programs, and operational expenses of the Inmate
Welfare Fund which may include physical education
activities and hobby craft classes, inmate family visiting services,
leisure- time activities, and assistance with obtaining
photo identification from the Department of Motor Vehicles .
(i) Recreational programs may include physical education
activities and hobby craft classes.
(ii) Reentry program services may include assistance obtaining or
reinstating benefits, obtaining identification cards, linking inmates
to services related to obtaining housing upon release, providing
education and job training, coordinating contact with family members,
and providing information about how to connect to social services,
legal services, and connecting inmates with outside community health
care providers upon their release from prison.
(2) The warden of each institution, in collaboration with at least
two representatives from local or state advocacy groups for inmates
and two members of either the men's or women's advisory council or
similar group within each institution, shall meet at least biannually
to determine how the money in the fund shall be used to benefit the
inmates of the respective institution. It is the intent of the
Legislature that the funds only be expended on services other than
those that the department is required to provide to inmates.
(b) There shall be deposited in the Inmate Welfare Fund all net
proceeds from the operation of canteens and hobby shops and any
moneys that 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.
(c) 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 that 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.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. Section 5006 is added to the Penal
Code, to read:
5006. (a) All moneys now held for the benefit of prisoners
including those known as the Inmate Canteen Fund of the California
Institution for Men; the Inmate Welfare Fund of the California
Institution for Women; the Trust Contingent Fund of the California
State Prison at Folsom; the S.P.L. Commissary, Canteen Account, Hobby
Association, Camp Account, Library Fund, News Agency of the
California 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 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 the following:
(1) The establishment, maintenance, employment of personnel for,
and purchase of items for sale to inmates at canteens maintained at
the state institutions.
(2) 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.
(b) 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.
(c) The Department of Finance shall conduct a biennial audit of
the Inmate Welfare Fund to include an audit report that 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.
(d) This section shall become operative on January 1, 2018.
SEC. 4. SEC. 3. Section 5006.1 of
the Penal Code is amended to read:
5006.1. (a) Notwithstanding any provision in Section 5006, money
in the Inmate Welfare Fund shall not be expended to pay charges for
any or all of the following purposes:
(1) Overtime for staff coverage of special events.
(2) Television repair.
(3) Original complement of television sets and replacement of
television equipment.
(b) The department shall pay these charges out of any money
appropriated for these purposes.
SEC. 5. SEC. 4. Section 5007 of the
Penal Code is amended to read:
5007. The Secretary of the Department of Corrections and
Rehabilitation may invest money in the Inmate Welfare Fund that in
his or her opinion is not necessary for immediate use, with the
approval of the Department of Finance, and interest earned and other
increment derived from investments made pursuant to this section
shall be paid into the Inmate Welfare Fund of the Department of
Corrections and Rehabilitation.