Bill Text: CA SB542 | 2011-2012 | Regular Session | Chaptered
Bill Title: Inmate Welfare Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 831, Statutes of 2012. [SB542 Detail]
Download: California-2011-SB542-Chaptered.html
BILL NUMBER: SB 542 CHAPTERED
BILL TEXT
CHAPTER 831
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2012
APPROVED BY GOVERNOR SEPTEMBER 30, 2012
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY MAY 30, 2012
AMENDED IN ASSEMBLY MARCH 1, 2012
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE MAY 5, 2011
AMENDED IN SENATE APRIL 14, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 2786, 5006, 5006.1, and 5007 of the Penal
Code, relating to the Inmate Welfare Fund, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 542, Price. Inmate Welfare Fund.
Existing law establishes the Inmate Welfare Fund of the Department
of Corrections and Rehabilitation in the State Treasury. Existing
law requires that the money in the fund constitute a trust to be used
for the benefit, education, and welfare of inmates of prisons and
institutions under the jurisdiction of the department, as specified.
Existing law requires the Department of Finance to conduct a biennial
audit of the fund and, at the end of each intervening fiscal year,
to prepare a statement of operations.
This bill would authorize the use of moneys in the Inmate Welfare
Fund for education programs, hobby and recreational programs, as
specified, inmate family visiting services, leisure-time activities,
and assistance with obtaining photo identification from the
Department of Motor Vehicles, and would specify the intent of the
Legislature that the moneys not be used for programs that the
department is required to provide. The bill would require the warden
of each institution and specified other stakeholders to meet at least
biannually to determine how the money is used in that institution.
Under existing law, funds from the Inmate Welfare Fund are
prohibited from being used for specified expenses, including overtime
for staff, television repair, and athletic or recreation supplies.
Under existing law, moneys in the fund, as they relate to state
prison camps, are continuously appropriated.
This bill would authorize the use of fund moneys for educational
programs, inmate family visiting services, leisure-time activities,
and assistance with obtaining photo identification from the
Department of Motor Vehicles, thereby making an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2786 of the Penal Code is amended to read:
2786. All money received pursuant to this article in the Inmate
Welfare Fund of the Department of Corrections and Rehabilitation is
hereby appropriated for educational, recreational, and other purposes
described in Section 5006 at the various prison camps established
under this article and shall be expended by the secretary upon
warrants drawn upon the State Treasury by the Controller after
approval of the claims by the California Victim Compensation and
Government Claims Board. It is the intent of the Legislature that
moneys in this fund only be expended on services other than those
that the department is required to provide to inmates.
SEC. 2. Section 5006 of the Penal Code is amended to read:
5006. (a) (1) All moneys now held for the benefit of inmates
currently housed in Department of Corrections and Rehabilitation
facilities including those known as the Inmate Canteen Fund of the
California Institution for Men; the Inmate Welfare Fund of the
California Institution for Women; the Trust Contingent Fund of the
California State Prison at Folsom; the S.P.L. Commissary, Canteen
Account, Hobby Association, Camp Account, Library Fund, News Agency
of the California State Prison at San Quentin, the Prisoners' Fund;
and the Prisoners' Employment Fund, shall be deposited in the Inmate
Welfare Fund of the Department of Corrections and Rehabilitation, in
the State Treasury, which is hereby created. The money in the fund
shall be used solely for the benefit and welfare of inmates of
prisons and institutions under the jurisdiction of the Department of
Corrections and Rehabilitation, including the following:
(A) The establishment, maintenance, employment of personnel for,
and purchase of items for sale to inmates at canteens maintained at
the state institutions.
(B) 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 department.
(C) Educational programs, hobby and recreational programs, 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.
(2) The warden of each institution, in collaboration with at least
two representatives from local or state advocacy groups for inmates
and two members of either the men's or women's advisory council or
similar group within each institution, shall meet at least biannually
to determine how the money in the fund shall be used to benefit the
inmates of the respective institution. It is the intent of the
Legislature that the funds only be expended on services other than
those that the department is required to provide to inmates.
(b) There shall be deposited in the Inmate Welfare Fund all net
proceeds from the operation of canteens and hobby shops and any
moneys that 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 Secretary of the Department of Corrections and
Rehabilitation for the benefit and welfare, as herein defined, of all
of the inmates of institutions and prisons under the jurisdiction of
the department.
(c) The Department of Finance shall conduct a biennial audit of
the Inmate Welfare Fund 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 that 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 Department of Corrections and Rehabilitation and shall be
available there to any inmate.
SEC. 3. Section 5006.1 of the Penal Code is amended to read:
5006.1. (a) Notwithstanding any provision in Section 5006, money
in the Inmate Welfare Fund shall not be expended to pay charges for
any or all of the following purposes:
(1) Overtime for staff coverage of special events.
(2) Television repair.
(3) Original complement of television sets and replacement of
television equipment.
(b) The department shall pay these charges out of any money
appropriated for these purposes.
SEC. 4. Section 5007 of the Penal Code is amended to read:
5007. The Secretary of the Department of Corrections and
Rehabilitation may invest money in the Inmate Welfare Fund that in
his or her opinion is not necessary for immediate use, with the
approval of the Department of Finance, and interest earned and other
increment derived from investments made pursuant to this section
shall be paid into the Inmate Welfare Fund of the Department of
Corrections and Rehabilitation.
