BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 542
Author: Price (D)
Amended: 8/20/12
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Inmate Welfare Fund
SOURCE : Author
DIGEST : This is a new bill. The provisions dealing with
regulatory boards were deleted in the Assembly. As amend,
this bill expands the list of services for which Inmate
Welfare Fund (IWF) money may be spent.
ANALYSIS :
Existing Law:
1. States that all money in the IWF of the Department of
Corrections (DOC) 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.
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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 DOC, 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
DOC, 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 DOC.
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
DOC for the benefit and welfare as herein defined of all
of the inmates of institutions and prisons under the
jurisdiction of the DOC.
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 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 DOC and shall be
available there to any inmate.
This bill:
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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 DOC.
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.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
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.
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SUPPORT : (Verified 8/22/12)
AFSCME
California Center of Excellence for Trauma Informed Care
California Correctional Peace Officers Association
California Mental Health Planning Council
California Psychiatric Association
Life Support Alliance
Los Angeles County Sheriffs
Mental Health America
National Alliance on Mental Illness of California
National Association of Social Workers
ARGUMENTS IN SUPPORT : 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."
RJG:k 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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