BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
5
4
2
SB 542 (Price)
As Amended August 20, 2012
Hearing date: In accordance with SR 29.10(d)
Penal Code
SM:mc
INMATE WELFARE FUND
COMMENTS
Please see the attached Senate Floor analysis. This bill is
before the Committee pursuant to Senate Rule 29.10(d). The
Committee, by a majority vote of the membership, may:
1. hold the bill; or
2. return the bill to the Senate Floor for consideration of
the bill as amended in the Assembly.
***************
(More)
SB 542 (Price)
Page 2
------------------------------------------------------------
|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.
(More)
SB 542 (Price)
Page 3
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.
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
(More)
SB 542 (Price)
Page 4
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:
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
(More)
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.
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
(More)
SB 542 (Price)
Page 6
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, 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 ****
SB 542 (Price)
Page 7