BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 920|
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THIRD READING
Bill No: AB 920
Author: Gipson (D)
Amended: 9/3/15 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
ASSEMBLY FLOOR: Not relevant
SUBJECT: Jails: county inmate welfare funds
SOURCE: Author
DIGEST: This bill creates a program that authorizes the
sheriff or county officer responsible for operating jails of the
Counties of Alameda, Kern, Los Angeles, Marin, Napa, Orange,
Sacramento, San Bernardino, San Francisco, San Diego, San Luis
Obispo, Santa Barbara, Santa Clara, Stanislaus, and Ventura to
spend money from the inmate welfare fund for the purpose of
assisting indigent inmates with the reentry process within 30
days after the inmate's release from the county jail or other
adult detention facility.
ANALYSIS:
Existing law:
1)Authorizes a county sheriff to establish, maintain and operate
a store in connection with the county jail and for this
purpose may purchase confectionary, tobacco and tobacco users'
supplies, postage and writing materials, and toilet articles
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and supplies and sell these goods, articles, and supplies for
cash to inmates. (Penal Code § 4025(a).)
2)Provides that the sale prices of the articles offered for sale
at the store shall be fixed by the sheriff. Any profit shall
be deposited in the inmate welfare fund (IWF) to be kept in
the treasury of the county. (Penal Code § 4025(b).)
3)Requires that 10 percent of all gross sales of inmate
hobbycraft be deposited in the IWF. (Penal Code § 4025(c).)
4)Provides that any money, refund, rebate, or commission
received from a telephone company or pay telephone provider
shall be deposited in the IWF when the money, refund, rebate,
or commission is attributable to the use of pay telephones
which are primarily used by inmates while incarcerated.
(Penal Code § 4025(d).)
5)Provides that the money and property deposited in the IWF
shall be expended by the sheriff primarily for the benefit,
education, and welfare of the inmates confined within the
jail. Any funds that are not needed for the welfare of the
inmates may be expended for the maintenance of county jail
facilities. Maintenance of county jail facilities may
include, but is not limited to the salary and benefits of
personnel used in the programs to benefit the inmates
including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs
deemed appropriate by the sheriff. IWFs shall not be used to
pay required county expenses of confining inmates in a local
detention system, such as meals, clothing, housing, or medical
services or expenses, except that IWFs may be used to augment
those required county expenses as determined by the sheriff to
be in the best interests of inmates. An itemized report of
these expenditures shall be submitted annually to the board of
supervisors. (Penal Code § 4025(e).)
6)Authorizes the sheriff to expend money from the IWF to provide
indigent inmates prior to the release from the county jail or
other adult correctional facility under the sheriff's
jurisdiction with essential clothing and transportation
expenses. (Penal Code § 4025(i).)
7)Creates a pilot program in the counties of Alameda, Kern, Los
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Angeles, Orange, Sacramento, San Bernardino, San Francisco,
San Diego, Santa Barbara, Santa Clara, and Stanislaus. In
each county the sheriff, or, in the County of Santa Clara, the
chief of correction, may expend money from the IWF to provide
indigent inmates after release from the county jail or any
other adult detention facility under the jurisdiction of the
sheriff, or, in the County of Santa Clara, the chief of
correction, assistance with the reentry process within 14 days
after the inmate's release. The assistance provided may
include, but is not limited to, work placement, counseling,
obtaining proper identification, education, and housing. This
pilot program will expire on January 1, 2015, unless extended.
(Penal Code § 4025.5 (sunseted January 1, 2015).)
This bill:
1)Creates a program that authorizes the sheriff or county
officer responsible for operating jails of the Counties of
Alameda, Kern, Los Angeles, Marin, Napa, Orange, Sacramento,
San Bernardino, San Francisco, San Diego, San Luis Obispo,
Santa Barbara, Santa Clara, Stanislaus, and Ventura to spend
money from the IWF for the purpose of assisting indigent
inmates with the reentry process within 30 days after the
inmate's release from the county jail or other adult detention
facility.
2)Specifies that the assistance provided may include work
placement, counseling, obtaining proper identification,
education, and housing.
3)Specifies that money from the IWF shall not be used under the
program to provide services that are required to be provided
by the sheriff or county, as specified.
4)Requires, if a county elects to participate in the pilot
program, a county sheriff or county officer responsible for
operating a jail to include specified additional information
in the itemized report of expenditures to the board of
supervisors, including the number of inmates the program
served.
5)Makes legislative findings and declarations as to the
necessity of a special statute for the counties contained in
the legislation and declares that it is to take effect
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immediately as an urgency statute.
Background
An IWF may be established in each county jail, as specified.
(Penal Code § 4025.) The purpose of an IWF is to fund programs
that help inmates transition back into the community. Programs
include education, drug and alcohol treatment, library service,
and counseling. (See Penal Code § 4025(e).) In accordance with
the goal of transitioning inmates, money from an IWF may also be
used to cover essential clothing and transportation expenses for
an indigent inmate prior to release, at the discretion of the
sheriff. (Penal Code § 4025(i).)
The money in the IWF is generated by sale of commissary items as
well as "any money, refund, rebate, or commission received from
a telephone company or pay phone provider when use is
attributable to the inmates during incarceration." (Penal Code
§ 4025(d).)
In 2007, SB 718 (Scott, Chapter 251, Statutes of 2007) was
enacted into law creating a pilot program to allow sheriffs in
specified counties to use funds from the IWF, "? to provide
indigent inmates, after release from the county jail or any
other adult detention facility under the jurisdiction of the
sheriff, assistance with the reentry process within 14 days
after the inmate's release. The assistance provided may
include, but is not limited to, work placement, counseling,
obtaining proper identification, education, and housing."
(Penal Code § 4025.5.) Absent further legislative action, this
provision of law was to remain in effect only until January 1,
2013.
In 2008, Kern, San Bernardino, and Santa Clara Counties were
added to the pilot program allowing the sheriffs in those
counties (or in Santa Clara the Director of Corrections) to
utilize IWFs for reentry services within 14 days of the inmates'
release. (AB 2574, Emmerson, Chapter 16, Statutes of 2008.)
The Legislature, in 2012, extended pilot for two years to
January 1, 2015, added the counties of Marin, Napa, San Luis
Obispo, and Ventura to this pilot program, extended the period
of time in which IWF money could be used for reentry purposes
from 14 to 30 days after the inmate's release, and added
reporting requirements. (AB 1445, Mitchell, Chapter 233,
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Statutes of 2012.) The program, thus, sunseted on January 1,
2015.
This bill reinstates and makes this program permanent. It,
additionally, allows specified counties to use IWF funds to
provide indigent inmates assistance with the reentry process
within 30 days after the inmate's release. It allows these
counties to use the funds to assist these inmates with work
placement, counseling, obtaining proper identification,
education and housing. This bill, additionally, requires any
sheriff or county officer that uses IWF funds for this purpose
to file an annual report with the county board of supervisors
that includes:
1)How much money was spent pursuant to the section added by this
bill.
2)The number of inmates the program served.
3)The types of assistance for which the funds were used.
4)The average length of time an inmate used the program.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 6/14/16)
California State Association of Counties
California State Sheriffs' Association
Association for Los Angeles Deputy Sheriffs
OPPOSITION: (Verified6/14/16)
None received
Prepared by:Jessica Devencenzi / PUB. S. /
6/15/16 17:24:45
AB 920
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