The California Legislature is considering the most effective use of $68 million collected from state prisoners for their benefit.
At issue is Senate Bill 542, introduced by Sen. Curren Price, D-Los Angeles. The proposal deals with allocating Inmate Welfare Funds, which are collected by adding a tax to products prisoners are allowed to purchase, as well as taxing crafts they sell to the public.
State law requires that the funds benefit prisoners in state custody. The money has been piling up in a bank account overseen by the Department of Corrections and Rehabilitation.
Initially SB 542 sought to redirect a portion of the IWF to pay for mental health care for prisoners not in state custody. On a recent visit to San Quentin, Sen. Price heard objections to using the funds to pay for services currently paid for by the state.
Price’s bill was subsequently amended to shed the language that would redirect funds to local governments for prisoners not in state custody. The changes shift its purpose to fund “educational programs, hobby and recreation programs, and reentry programs” for prisoners in state custody.
However, the most significant part in the legislation is that the funds will “not be used for programs that the Department (of Corrections and Rehabilitation) is required to provide.”
The legislation also proposes to give more discretion to individual prison wardens and prisoner advisory councils in determining how the funds could be used to best benefit the inmates of the respective institutions.
If the bill is approved by the Legislature and governor, it would authorize the IWF funds for athletic and recreational supplies, which currently is forbidden under state law.
The Legislative Counsel comments, “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 analysis also reports: “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.”