Bill Text: CA SB542 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 542 AMENDED
BILL TEXT
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 toamend Section 5006 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, as amended, 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 constitutes
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.
Existing law also authorizes the sheriff of each county to
maintain an inmate welfare fund to be kept in the treasury of the
county, as specified. Certain counties have established an inmate
welfare fund commission or inmate welfare fund committee to oversee
the use of these funds.
This bill would require an unspecified percentage of the
money in the Inmate Welfare Fund to be, upon appropriation,
transferred annually to county departments of probation to be
utilized for the coordination of mental health services after an
inmate's release from state custody. The bill would define mental
health services, for purposes of this provision, to include, but not
be limited to, consultation and referral to community mental health
providers and programs, transportation to mental health appointments
and treatment facilities, and transfer of any prescriptions used to
treat mental illness. The bill would require each county department
of probation to prepare a biannual report regarding the use of the
funds and to submit it to the county inmate welfare fund commission
or committee, or to the board of supervisors, or both. By imposing
new duties on county probation departments, the bill would create a
state-mandated local program authorize the use of
moneys in the Inmate Welfare Fund for reentry programs, as described,
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 athletic and
recreation supplies, and reentry programs, thereby making an
appropriation.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program:
yes no .
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
and , recreational purposes
, and reentry programs at the various prison camps
established under this article and shall be expended by the
director secretary upon warrants drawn upon the
State Treasury by the State 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.
SECTION 1. SEC. 2. Section 5006 of
the Penal Code is amended to read:
5006. (a) (1) All moneys now held for the
benefit of prisoners inmates including
that known as the Inmate Canteen Fund of the California Institution
for Men , and ; the Inmate Welfare Fund
of the California Institution for Women , and
; the Trust Contingent Fund of the State Prison at Folsom
, and ; the S.P.L. Commissary, Canteen
Account, Hobby Association, Camp Account, Library Fund, News Agency
of the 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 fund
is hereby created. Except as provided in
subdivision (b), the The money in the fund shall
be used solely for the benefit , education,
and welfare of inmates of prisons and institutions under
the jurisdiction of the Department of Corrections and Rehabilitation,
including , but not limited to, the
establishment, following:
(A) The establishment,
maintenance, employment of personnel for, and purchase of items for
sale to inmates at canteens maintained at the state
institutions, and for the 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.
(b) At least __ percent of the money in the fund shall, upon
appropriation by the Legislature, be transferred annually to county
departments of probation to be utilized for the coordination of
mental health services after an inmate's release from state custody.
For purposes of this subdivision, mental health services shall
include, but shall not be limited to, consultation and referral to
community mental health providers and programs, transportation to
mental health appointments and treatment facilities, and transfer of
any prescriptions used to treat mental illness. Each county
department of probation shall prepare a biannual report of the use of
the funds and submit it to the county inmate welfare fund
commission, or the equivalent entity, or the board of supervisors, or
both.
(C) Educational programs, hobby and recreational programs, reentry
programs, and operational expenses.
(i) Recreation programs may include physical education activities
and hobby craft classes.
(ii) Reentry programs may include services such as assistance
obtaining or reinstating benefits, obtaining identification cards,
linkage to housing programs, providing education and job training
opportunities, self-help programs, including, but not limited to,
anger management and substance abuse programs, and coordinating
contact with family members, social services, legal services, and
health care services prior to an inmate's release from prison.
(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.
(c)
(b) There shall be deposited in the Inmate Welfare Fund
all net proceeds from the operation of canteens and hobby shops and
any moneys which 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 Director
Secretary of the Department of Corrections and
Rehabilitation for the benefit and welfare , as herein
defined , of all of the inmates and former
inmates of institutions and prisons under the jurisdiction
of the department.
(d)
(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 which 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:
(a)
(1) Overtime for staff coverage of special events.
(b)
(2) Television repair.
(c) Athletic and recreation supplies.
(d)
(3) Original complement of television sets and
replacement of television equipment.
The
(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 Director of Corrections
Secretary of the Department of Corrections and Rehabilitation
may invest any 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 .
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
