BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 542| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 542 Author: Price (D) Amended: 8/20/12 Vote: 21 PRIOR SENATE VOTES NOT RELEVANT ASSEMBLY FLOOR : 78-0, 8/23/12 - See last page for vote 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. CONTINUED SB 542 Page 2 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: CONTINUED SB 542 Page 3 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. CONTINUED SB 542 Page 4 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." ASSEMBLY FLOOR : 78-0, 8/23/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, CONTINUED SB 542 Page 5 Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Donnelly, Roger Hernández RJG:km 8/24/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED