BILL ANALYSIS Ó
AB 920
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CONCURRENCE IN SENATE AMENDMENTS
AB
920 (Gipson)
As Amended September 3, 2015
2/3 vote. Urgency
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|ASSEMBLY: | |(June 2, 2016) |SENATE: |39-0 |(August 1, 2016) |
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(vote not relevant)
Original Committee Reference: PUB. S.
SUMMARY: Creates a program in specified counties to allow the
sheriff to expend money from the inmate welfare fund to provide
reentry services.
The Senate amendments delete the Assembly version of this bill
and instead:
1)Create a program in Alameda, Kern, Los Angeles, Marin, Napa,
Orange, Sacramento, San Bernardino, San Francisco, San Diego,
San Luis Obispo, Santa Barbara, Santa Clara, Stanislaus, and
Ventura counties which allows the sheriff or officer
responsible for operating the jail to expend money from the
inmate welfare fund to provide indigent inmates with reentry
assistance, including work placement, counseling, obtaining
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identification, education, and housing.
2)Prohibit using money from the inmate welfare fund to provide
any services that are required to be provided by the sheriff
or the county.
3)Require money in the fund be used to supplement existing
services, and prohibit its use to supplant any existing
funding for services provided by the sheriff or county.
4)Require submission of a report to the board of supervisors
which includes the following:
a) How much money was spent under this program;
b) The number of inmates served by the program;
c) The types of assistance for which the funds were used;
and,
d) The average length of time an inmate used the program.
5)Contain legislative declaration of a need for a special law
due to the unique circumstances of the specified counties.
6)Contain an urgency clause.
EXISTING LAW:
1)Provides that the sheriff shall receive all persons committed
to jail by competent authority. The board of supervisors
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shall provide the sheriff with necessary food, clothing, and
bedding, for those prisoners, which shall be of a quality and
quantity at least equal to the minimum standards and
requirements prescribed by the Board of Corrections for the
feeding, clothing, and care of prisoners in all county, city
and other local jails and detention facilities. The expenses
thereof shall be paid out of the county treasury, except as
provided.
2)Authorizes the sheriff of each county to establish, maintain
and operate a store in connection with the county jail and for
this purpose to purchase confectionery, tobacco and tobacco
users' supplies, postage and writing materials, and toilet
articles and supplies and sell these goods, articles, and
supplies for cash to inmates in the jail.
3)Requires the sale prices of the articles offered for sale at
the store to be fixed by the sheriff. Any profit shall be
deposited in an inmate welfare fund to be kept in the treasury
of the county.
4)States that there shall also be deposited in the inmate
welfare fund 10% of all gross sales of inmate hobbycraft.
5)Provides that there shall be deposited in the inmate welfare
fund any money, refund, rebate, or commission received from a
telephone company or pay telephone provider when the money,
refund, rebate, or commission is attributable to the use of
pay telephones which are primarily used by inmates while
incarcerated.
6)Mandates that the money and property deposited in the inmate
welfare fund is to 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, as provided.
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7)Prohibits the use of the inmate welfare funds 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 inmate welfare funds 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.
8)Authorizes the sheriff to expend money from the inmate welfare
fund to provide indigent inmates, prior to release from the
county jail or any other adult detention facility under the
jurisdiction of the sheriff, with essential clothing and
transportation expenses within the county or, at the
discretion of the sheriff, transportation to the inmate's
county of residence, if the county is within the state or
within 500 miles from the county of incarceration.
AS PASSED BY THE ASSEMBLY, this bill:
1)Authorized the victim's attorney to request a copy of the
parole board packet.
2)Required the Board of Parole Hearings (BPH) to provide the
packet to the victim's attorney, if requested, at the same
time that the information is given to the district attorney.
3)Provided that the statement which the victim's representative
or next of kin is allowed to submit for the parole hearing may
include substantiating references to the board packet.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
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COMMENTS: According to the author, "AB 920 will expand a
successful program that inadvertently sunset in 2015 to aid
re-entry of former inmates. Studies have shown that successful
employment after release is one of the best predictors of
effective reintegration of former offenders. The program
authorized by this bill will provide continuity of critical
services such as substance abuse treatment and counseling.
Furthermore, interventions as simple as help obtaining proper
identification improve the chances of obtaining employment, and
thus aid successful re-entry to the community."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0003652