Senate Bill No. 718
CHAPTER 251
An act to amend Section 4025 of, and to add and repeal Section 4025.5
of, the Penal Code, relating to jails.
[Approved by Governor September 26, 2007. Filed with
Secretary of State September 26, 2007.]

legislative counsel’s digest

SB 718, Scott. Jails: inmate welfare fund.
Existing law provides that the sheriff of each county may maintain an
inmate welfare fund to be kept in the treasury of the county into which profit
from a store operated in connection with the county jail, 10% of all gross
sales of inmate hobbycraft, and any rebates or commissions received from
a telephone company, as specified, is required to be deposited. Existing law
authorizes the sheriff to expend money from the fund to assist indigent
inmates, prior to release, with clothes and transportation expenses, as
specified.
This bill would additionally create a pilot program which would authorize
the sheriff of specified counties to expend money from the inmate welfare
fund for the purpose of assisting indigent inmates, after release, with the
reentry process, as specified. This bill would repeal this additional
authorization as of January 1, 2013, unless a later enacted statute deletes or
extends that date.
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 inmates 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 inmate welfare fund
to be kept in the treasury of the county.
(c)  There shall also be deposited in the inmate welfare fund 10 percent
of all gross sales of inmate hobbycraft.
(d)  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

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attributable to the use of pay telephones which are primarily used by inmates
while incarcerated.
(e)  The money and property deposited in the inmate welfare fund shall
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. Maintenance of county jail facilities may include, but is not
limited to, the salary and benefits of personnel used in the programs to
benefit the inmates, including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs deemed
appropriate by the sheriff. Inmate welfare funds shall not be used 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.
(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 the
provisions of 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 the provisions of 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 inmate 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 inmate welfare fund.
(i)  The sheriff may 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. This
subdivision does not authorize expenditure of money from the inmate welfare
fund for the transfer of any inmate to the custody of any other law
enforcement official or jurisdiction.
SEC. 2 Section 4025.5 is added to the Penal Code, to read:
4025.5. (a)  There is hereby created a pilot program in the Counties of
Alameda, Los Angeles, Orange, Sacramento, San Francisco, San Diego,
Santa Barbara, and Stanislaus. In each county, the sheriff may expend money
from the inmate welfare fund to provide indigent inmates, after release from
the county jail or any other adult detention facility under the jurisdiction of

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Ch. 251

the sheriff, assistance with the reentry process within 14 days after the
inmate’s release. The assistance provided may include, but is not limited
to, work placement, counseling, obtaining proper identification, education,
and housing.
(b)  This section shall remain in effect only until January 1, 2013, and as
of that date is repealed, unless a later enacted statute, that is enacted before
January 1, 2013, deletes or extends that date.

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