BILL ANALYSIS Ó
SB 542
Page 1
SENATE THIRD READING
SB 542 (Price)
As Amended August 20, 2012
Majority vote
SENATE VOTE :34-1
PUBLIC SAFETY 4-0 APPROPRIATIONS 16-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Gatto, Harkey, |
| |Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Fuentes, Hall, |
| | | |Hill, Cedillo, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
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SUMMARY : Expands the list of services for which Inmate Welfare Fund
(IWF) money may be spent. Specifically, this bill :
1)Provides that IWF funds may be utilized for the establishment,
maintenance, employment of personnel, for and purchase of items
for sale to inmates at canteens maintained at state institutions.
2)Specifies that IWF funds may be used 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 California Department of Corrections and
Rehabilitation.
3)States that IWF funds may be used for educational programs, hobby
and recreational programs, reentry programs and operational
expenses of the IWF 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.
4)Requires the warden of each institution and stakeholders to meet
at least biannually to determine how the IWF funds are to be used
in each institution.
EXISTING LAW :
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1)States that all money in the IWF of the Department of Corrections
is hereby appropriated for educational and recreational purposes
at the various prison camps established under this article and
shall be expended by the director upon warrants drawn upon the
State Treasury by the State Controller after approval of the
claims by the California Victim Compensation and Government Claims
Board.
2)Provides that 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 IWF 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 IWF of the Department
of Corrections, 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, 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.
3)States that there shall be deposited in the IWF 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 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.
4)Provides that the Department of Finance shall conduct a biennial
audit of the IWF to include an audit report which shall summarize
expenditures from the fund by major categories. At the end of
SB 542
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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 shall be
available there to any inmate.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
additional annual expenditures from the IWF of about $1 million.
Virtually the entire IWF is funded by the proceeds of inmate canteen
sales, largely a result of family financial support. Over the past
three years, annual IWF revenues have averaged about $50 million,
while annual expenditures have averaged about $49 million. Over the
years this differential created what is now a reserve of about $19
million, assuming a reserve of about 5% of expenditures.
More than 90% of IWF expenditures involve canteen inventory,
personnel services and operating expenses. For 2012-13, $2.1
million in inmate benefits are projected to be funded by the IWF.
COMMENTS : According to the author, "Senate Bill 542 is reflective
of the Author's desire to address the issue of providing inmates
with needed educational, recreational and re-entry services during
incarceration and in preparation for their release into the
community. In the climate of realignment, the Senator is concerned
about the number of inmates who are released on Post Release
Community Supervision without the life skills that are necessary for
them to successfully navigate their respective communities and avoid
re-offending. SB 542 would specify that the state IWF be utilized
for specific programs, including education, recreation and re-entry,
in order to support the welfare and benefit of inmates. This bill
will also establish an advisory group at each state institution to
advise the Warden in identifying priority programs and services to
be funded by the IWF. Utilizing the IWF for education, recreation
and re-entry services ensures that all inmates are directly
benefiting from the monies that their families invest in the IWF
during their incarceration. Additionally, providing quality
programs such as re-entry programs can help to reduce recidivism
among inmates and provide relief to overburdened county legal and
health and human service systems."
Please see the policy committee for a full discussion of this bill.
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Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
FN: 0005149