BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        AB 920|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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









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