Bill Text: CA AB1782 | 2021-2022 | Regular Session | Enrolled

California Assembly Bill 1782 (Prior Session Legislation)

Bill Title: Jails: commissary.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB1782 Detail]

Download: California-2021-AB1782-Enrolled.html

Enrolled August 29, 2022

Passed IN Senate August 25, 2022

Passed IN Assembly May 12, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1782

Introduced by Assembly Member Jones-Sawyer

February 03, 2022

An act to amend Section 4025 of the Penal Code, relating to jails.

LEGISLATIVE COUNSEL'S DIGEST

AB 1782, Jones-Sawyer. Jails: commissary.

Existing law allows the sheriff of each county to operate a store in connection with the county jail to sell confectionary, tobacco, postage and writing materials, and toilet articles and supplies to inmates in the jail. Existing law requires the sheriff to fix the sale prices of articles offered by the store and requires any profit to be deposited in the inmate welfare fund. Existing law also requires that any money, refund, rebate, or commission received from a telephone company or pay telephone provider attributable to the use of pay telephones primarily used by incarcerated persons to be deposited in the inmate welfare fund.

The bill would rename the inmate welfare fund the incarcerated peoples’ welfare fund and would require money in the fund to be expended solely for the benefit, education, and welfare of incarcerated people.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 4025 of the Penal Code is amended to read:

4025.

(a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may 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 incarcerated people in the jail.

(b) The sale prices of the articles offered for sale at the store shall be fixed by the sheriff. Any profit shall be deposited in an incarcerated peoples’ welfare fund to be kept in the treasury of the county.

(c) There shall also be deposited in the incarcerated peoples’ fund 10 percent of all gross sales of incarcerated peoples’ hobbycraft.

(d) There shall be deposited in the incarcerated peoples’ 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 incarcerated people while incarcerated.

(e) The money and property deposited in the incarcerated peoples’ welfare fund shall be expended by the sheriff solely for the benefit, education, and welfare of the incarcerated people confined within the jail. Incarcerated peoples’ welfare funds shall not be used to pay required county expenses of confining incarcerated people in a local detention system, such as meals, clothing, housing, or medical services or expenses. An itemized report of these expenditures shall be submitted annually to the board of supervisors.

(f) The operation of a store within any other county adult detention facility which is not under the jurisdiction of the sheriff shall be governed by this section, except that the board of supervisors shall designate the proper county official to exercise the duties otherwise allocated in this section to the sheriff.

(g) The operation of a store within any city adult detention facility shall be governed by this section, except that city officials shall assume the respective duties otherwise outlined in this section for county officials.

(h) The treasurer may, pursuant to Article 1 (commencing with Section 53600), or Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, deposit, invest, or reinvest any part of the incarcerated peoples’ welfare fund, in excess of that which the treasurer deems necessary for immediate use. The interest or increment accruing on these funds shall be deposited in the incarcerated peoples’ welfare fund.

(i) The sheriff may expend money from the incarcerated peoples’ welfare fund to provide indigent incarcerated people, 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 incarcerated person’s county of residence, if the county is within the state or within 500 miles from the county of incarceration. This subdivision does not authorize expenditure of money from the incarcerated peoples’ welfare fund for the transfer of any incarcerated person to the custody of any other law enforcement official or jurisdiction.