Existing law authorizes the Department of Corrections and Rehabilitation to maintain a canteen at any prison or institution under the departments jurisdiction for the sale of toilet articles and other sundries, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to deposit any funds of inmates in his or her possession in trust in the Treasury, as specified.

This bill would require that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent. The bill would require that an inmate who is indigent receive basic supplies necessary for maintaining personal hygiene and be provided with sufficient resources to communicate with and access the courts, as specified.

Existing law authorizes the Department of Corrections and Rehabilitation to maintain a canteen at any prison or institution under the departments jurisdiction for the sale of toilet articles and other sundries, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to deposit any funds of inmates in his or her possession in trust in the Treasury, as specified.

This bill would require that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent. The bill would require that an inmate who is indigent receive basic supplies necessary for maintaining personal hygiene and be provided with sufficient resources to communicate with and access the courts, as specified.

Existing law authorizes the Department of Corrections and Rehabilitation to establish canteens maintain a canteen at any prison or institution under the departments jurisdiction for the sale of toilet articles and other sundries, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to deposit any funds of inmates in his or her possession in trust in the Treasury, as specified. Existing law authorizes the secretary to charge a $5 fee for each inmate-initiated medical visit of an inmate confined in the state prison, and requires the fee to be charged to the prison account of the inmate. Existing law prohibits charging an inmate who has no money in his or her personal account for the medical visit.

This bill would require that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent. The bill would require that an inmate who is indigent receive basic supplies necessary for maintaining personal hygiene and be provided with sufficient resources to communicate with and access the courts, as specified, and not be charged for medical, dental, and mental health copayments. The bill would make conforming changes. specified.

Existing law authorizes the Department of Corrections and Rehabilitation to establish canteens at any prison or institution under the departments jurisdiction for the sale of toilet articles and other sundries, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to deposit any funds of inmates in his or her possession in trust in the Treasury, as specified. Existing law authorizes the secretary to charge a $5 fee for each inmate-initiated medical visit of an inmate confined in the state prison, and requires the fee to be charged to the prison account of the inmate. Existing law prohibits charging an inmate who has no money in his or her personal account for the medical visit.

This bill would require that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent. The bill would require that an inmate who is indigent be provided with sufficient resources to communicate with and access the courts, as specified, and not be charged for medical, dental, and mental health copayments. The bill would make conforming changes.

Existing law, subject to the availability of funding, authorizes the Director of Health Care Services, in consultation with the Superintendent of Public Instruction, to award matching grants to local educational agencies to pay the state share of the costs of providing programs that provide school-based early mental health intervention and prevention services to eligible pupils at schoolsites, as specified.

This bill would make technical, nonsubstantive changes to those provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2533

Author:(Mark Stone)

As Amended Ver:August 17, 2018

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Provides that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent and receive basic supplies necessary for maintaining personal hygiene.

The Senate amendments remove provisions of the bill that would exempt indigent inmates from medical, dental, and mental health co-payments.

EXISTING LAW:

1. Enables any prison or institution under the jurisdiction of California Department of Corrections and Rehabilitation (CDCR) to maintain a canteen for the sale of toilet articles, candy, notions, and other sundries, to inmates.
2. States that the Director of CDCR shall specify what commodities shall be sold in the canteen, and fix the sale prices of the articles offered for sale.
3. Allows inmates engaged in productive work to receive compensation as determined by the Secretary of CDCR.
4. Limits inmate pay to an amount no higher than one-half the minimum wage, as stipulated in the Labor Code.
5. Authorizes the Director of CDCR to charge a $5 fee for each inmate-initiated medical visit to the prison account of the inmate.
6. Provides that if an inmate has no money in her personal account, there shall be no charge for the medical visit.
7. States that an inmate shall not be denied medical care because of a lack of funds.
8. States that follow up medical visits, at the discretion of medical staff, shall not be charged to the inmate.
9. States that all money received by the Director shall be expended to reimburse CDCR for direct provision of inmate health care services.

AS PASSED BY THE ASSEMBLY, this bill required the CDCR to provide indigent inmates with sufficient resources to access the courts, including paper and the services of a notary, and states that inmates shall not be charged for supplies necessary for maintaining personal hygiene, medical, dental, and mental health copayments.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Basic supplies: Minor and absorbable costs to provide indigent inmates with basic supplies necessary for maintaining personal hygiene.
2. Notary: Minor and absorbable costs to provide indigent inmates with notary services.

*Inmate Welfare Fund

COMMENTS: According to the author, "Under current California Department of Corrections and Rehabilitation regulations, any inmate who has less than $1.00 in their Inmate Trust Account for 30 consecutive days is entitled to certain basic necessities. These necessities include the materials necessary for communicating with the courts, prescribed medical appliances, and, upon request, hygiene items.

"However, this restrictively low indigence threshold prevents poor inmates from accessing the courts, threatens the health and safety of inmates and correctional staff, adds to the challenge of reintegration, and further burdens families, who are often primarily responsible for covering conviction-related costs.

"When an inmate is discouraged from seeking medical care because they can’t afford the copayment, or is discouraged from accessing hygiene items because of the stigma around requesting them, the entire correctional facility is endangered by the further spreading of communicable diseases like hepatitis C to staff and other inmates.

"AB 2533 will raise the indigence threshold to $25 to ensure that all impoverished inmates can communicate with the courts, access adequate health and dental care, and maintain their personal hygiene. This will also reduce the burden on families who oftentimes bare the financial strain of the costs of incarceration."

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0004434

 THIRD READING  

Bill No: AB 2533

Author:

Amended: 8/17/18 in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/19/18

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18

AYES: Portantino, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 56-17, 5/29/18 - See last page for vote

SUBJECT:

SOURCE: California Coalition of Women Prisoners

DIGEST:

This bill requires that a state prison inmate who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent, and requires that an indigent inmate be provided with basic supplies necessary for maintaining hygiene and with sufficient resources to communicate with and access the courts, as specified.

ANALYSIS:

Existing law:

1. Provides that inmates engaged in productive work may receive compensation as determined by the Secretary of the California Department of Corrections and Rehabilitation (CDCR). (Pen. Code, § 2700.)
2. Authorizes any prison or institution under the jurisdiction of the CDCR to maintain a canteen for the sale of toilet articles, candy, notions, and other sundries. (Pen. Code, § 5005.)
3. Provides that the Director of CDCR shall specify what commodities shall be sold in the canteen and fix the sale prices of the articles offered for sale at amounts that will render each canteen self-supporting. (Pen. Code, § 5005.)
4. Authorizes the Director of CDCR to charge a $5 fee for each inmate-initiated medical visit to the prison account of the inmate. (Pen. Code, § 5007.5, subd. (a).)
5. Provides that if an inmate has no money in her personal account, there shall be no charge for the medical visit. (Pen. Code, § 5007.5, subd. (b).)
6. Provides that an inmate shall not be denied medical care because of a lack of funds. (Pen. Code, § 5007.5, subd. (c).)
7. Provides that follow up medical visits, at the discretion of medical staff, shall not be charged to the inmate. (Pen. Code, § 5007.5, subd. (e).)
8. Provides that all money received by the Director shall be expended to reimburse CDCR for direct provision of inmate health care services. (Pen. Code, § 5007.5, subd. (f).)

This bill:

1. Requires that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent.
2. Requires that an inmate who is indigent be provided with basic supplies necessary for maintaining personal hygiene.
3. Requires an indigent inmate to be provided with sufficient resources to communicate with and access the courts, including, but not limited to stamps, writing materials, envelopes, paper, and notary services.

Background

1. CDCR Regulations Pertaining to Indigent Inmates

Indigent inmate is defined in regulation as “an inmate who is wholly without funds [in their trust account] at the time they were eligible for withdrawal of funds for canteen purchases.” (Cal. Code Regs., tit. 15, § 3000.)

This bill defines an indigent inmate as an inmate who has $25 or less in his or her Trust Account for 30 consecutive days.

• 1. Inmate Trust Accounts

CDCR inmates are not permitted to have more than $50 in their possession at any one time. (Department Operations Manual (DOM) § 83050.1.) Instead, each CDCR inmate keeps his or her money in an inmate trust account which is deposited in the State Treasury. (Pen. Code, § 5057.) All of an inmate’s money, including wages earned from inmate work as well as money deposited by an inmate’s family or friend, is deposited into the inmate’s trust account. (DOM §§ 47130.1, 54070.5.1.) All monies deposited in an inmate trust account are subject to restitution and administrative charges. (Cal Code of Regs., tit. 15, § 3097.) Inmates may use the funds in their trust account for health, legal, and mail needs as well as for discretionary spending, including canteen purchases. (Pen. Code, § 5007.5; Cal Code of Regs., tit. 15, § 3090, subd. (c).) A canteen operates like a small store within the prison, where inmates can purchase various items such as toothpaste, soap, shampoo, food, and beverages. All funds earned as profit from canteen purchases are deposited into the Inmate Welfare Fund. (DOM § 54070.1.)

• 1. Inmate Mail Supplies and Access to the Courts

Upon an indigent inmate’s request, writing paper, envelopes, a writing implement, and the postage required for five one-ounce First-Class letters per week will be supplied by the institution. (Cal. Code Regs., tit. 15, § 3138, subd. (a).) The inmate is allowed to utilize the envelopes regardless of future deposits to the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3138, subd. (d).) The cost of postage for mailing documents to the courts is charged against an inmate’s trust account unless the inmate is indigent. (Cal. Code Regs., tit. 15, § 3165, subd. (d).) Indigent inmates are provided free and unlimited mail to any court or the Attorney General’s Office. (Cal. Code Regs., tit. 15, § 3138, subd. (h).)

In addition to any other court costs and filing fees, an inmate initiating a state civil action must pay a $3.00 filing fee to CDCR, which is charged against the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3160, subd. (b).) However, if the inmate is without sufficient funds at the time of the charge, the civil action will be filed with the court, and the inmate will not be charged for the remaining balance of the filing fee. (Cal. Code Regs., tit. 15, § 3160, subd. (b)(3).)

For purposes of submitting or duplicating legal documents, indigent inmate is defined as an inmate who “currently has and for the previous 30 consecutive days has maintained $1.00 or less in his or her inmate trust account.” (Cal. Code Regs., tit. 15, § 3162, subd. (a).) An indigent inmate who does not have attorney representation may receive duplication services without charge for specified legal documents. (Cal. Code Regs., tit. 15, § 3162, subd. (d).)

• 1. Inmate Personal Hygiene Supplies

The U.S. Supreme Court has held that the Eighth Amendment requires inmates to be provided sanitation and personal hygiene. (Keenan v. Hall (1996) 83 F.3d 1083, 1091, finding that “[i]ndigent inmates have the right to personal hygiene supplies such as toothbrushes and soap”; Hoptowit v. Ray (1982) 682 F.2d 1237, 1246, finding that the Eighth Amendment guarantees sanitation; Toussaint v. McCarthy (1984) 597 F. Supp. 1388, 1411, stating that the Eighth Amendment guarantees personal hygiene.) CDCR regulations also require that its institutions “provide the means for all inmates to keep themselves and their living quarters clean and to practice good health habits.” (Cal. Code Regs., tit. 15, § 3060.)

• 1. Inmate Medical Care and Health-Related Supplies

The government has an obligation to provide medical care for those whom it punishes by incarceration and cannot be deliberately indifferent to the medical needs of its prisoners. (See Estelle v. Gamble (1976) 429 U.S. 97, 104.) Inmates are charged a $5 copay drawn from their trust account for inmate-initiated medical visits. (Pen. Code, § 5007.5, subd. (a).) An inmate who has no money in his or her inmate trust account is not charged for the medical visit, and cannot be denied medical care because of a lack of funds in his or her prison account. (Pen. Code, § 5007.5, subd. (b) & (c).) Follow up medical visits, at the discretion of medical staff, are not charged to inmates. (Pen. Code, § 5007.5, subd. (e).)

An inmate may purchase health-related appliances, including but not limited to eyeglasses, artificial eyes, dental prosthesis, artificial limbs, orthopedic braces and shoes, and hearing aids, using funds in the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3358, subd. (c).) An inmate’s need for such appliance is based on medical necessity. (Cal. Code Regs., tit. 15, § 3358, subd. (a).) If an inmate is indigent, prescribed appliances are provided at state expense. (Cal. Code Regs., tit. 15, § 3358, subd. (c).)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Basic supplies: Minor and absorbable costs to provide indigent inmates with basic supplies necessary for maintaining personal hygiene.
• Notary: Minor and absorbable costs to provide indigent inmates with notary services.

*Inmate Welfare Fund

SUPPORT: (Verified 8/16/18)

California Coalition of Women Prisoners (source)

ACLU of California

Anti-Recidivism Coalition

California Public Defenders Association

Californians United for a Responsible Budget

East Side Studios

Ella Baker Center for Human Rights

Fair Chance Project

Friends Committee on Legislation of California

Full Moon Pickles and Catering

Legal Services for Prisoners with Children

National Association of Social Workers, California Chapter

Restore Justice

Root & Rebound

San Francisco Public Defender

Survived & Punished

Transgender, Gendervariant, Intersex Justice Project

United Auto Workers Local 286

Women’s Center for Creative Work

Young Women’s Freedom Center

Several individuals

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 56-17, 5/29/18

AYES: Acosta, Aguiar-Curry, Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Chau, Chiu, Chu, Cooley, Dahle, Daly, Eggman, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kamlager-Dove, Lackey, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Harper, Kiley, Maienschein, Mathis, Melendez, Obernolte, Patterson, Steinorth, Voepel

NO VOTE RECORDED: Cervantes, Cooper, Flora, Kalra, Mayes

Prepared by:

8/19/18 13:34:18

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2533 (Mark Stone) - Inmates: indigence

Bill Summary:

AB 2533 would deem indigent a state prison inmate who has maintained an inmate trust account with $25 or less for thirty consecutive days and would require the Department of Corrections and Rehabilitation to provide that inmate with sufficient resources to communicate with and access the court, as specified, and not charge that person for dental, medical, and mental health copayments.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

• Basic supplies: Minor and absorbable costs to provide indigent inmates with basic supplies necessary for maintaining personal hygiene.
• Notary: Minor and absorbable costs to provide indigent inmates with notary services.

*Inmate Welfare Fund

Author Amendments:

Strike the prohibition on charging indigent inmates as determined by the criteria established by this bill for medical visits and the exemption from medical, dental, and mental health copayments.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2533 (Mark Stone) - Inmates: indigence

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2533 would deem indigent a state prison inmate who has maintained an inmate trust account with $25 or less for thirty consecutive days and would require the Department of Corrections and Rehabilitation (CDCR) to provide that inmate with sufficient resources to communicate with and access the court, as specified, and not charge that person for dental, medical, and mental health copayments.

Fiscal Impact:

• Dental, medical, & mental health copayments: Unknown, potentially-major revenue loss in the millions of dollars annually. The actual loss would be dependent on how many inmates are deemed indigent under the criteria established by this bill and the number of dental, medical, and mental health visits made by this population in any given year. (Special fund*)
• Basic supplies: Minor and absorbable costs to provide indigent inmates with basic supplies necessary for maintaining personal hygiene.
• Notary: Minor and absorbable costs to provide indigent inmates with notary services.

*Inmate Welfare Fund

Background:

According to the analysis of this bill by the Senate Committee on Public Safety:

Indigent inmate is defined in regulation as “an inmate who is wholly without funds [in their trust account] at the time they were eligible for withdrawal of funds for canteen purchases.” (Cal. Code Regs., tit. 15, § 3000.) […] CDCR inmates are not permitted to have more than $50 in their possession at any one time. (Department Operations Manual (DOM) § 83050.1.) Instead, each CDCR inmate keeps his or her money in an inmate trust account which is deposited in the State Treasury. (Pen. Code, § 5057.) All of an inmate’s money, including wages earned from inmate work as well as money deposited by an inmate’s family or friend, is deposited into the inmate’s trust account. (DOM §§ 47130.1, 54070.5.1.) All monies deposited in an inmate trust account are subject to restitution and administrative charges. (Cal Code of Regs., tit. 15, § 3097.) Inmates may use the funds in their trust account for health, legal, and mail needs as well as for discretionary spending, including canteen purchases. (Pen. Code, § 5007.5; Cal Code of Regs., tit. 15, § 3090, subd. (c).) A canteen operates like a small store within the prison, where inmates can purchase various items such as toothpaste, soap, shampoo, food, and beverages. All funds earned as profit from canteen purchases are deposited into the Inmate Welfare Fund. (DOM § 54070.1.)

…

The government has an obligation to provide medical care for those whom it punishes by incarceration and cannot be deliberately indifferent to the medical needs of its prisoners. (See Estelle v. Gamble (1976) 429 U.S. 97, 104.) Inmates are charged a $5 copay drawn from their trust account for inmate-initiated medical visits. (Pen. Code, § 5007.5, subd. (a).) An inmate who has no money in his or her inmate trust account is not charged for the medical visit, and cannot be denied medical care because of a lack of funds in his or her prison account. (Pen. Code, § 5007.5, subd. (b) & (c).) Follow up medical visits, at the discretion of medical staff, are not charged to inmates. (Pen. Code, § 5007.5, subd. (e).)

An inmate may purchase health-related appliances, including but not limited to eyeglasses, artificial eyes, dental prosthesis, artificial limbs, orthopedic braces and shoes, and hearing aids, using funds in the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3358, subd. (c).) An inmate’s need for such appliance is based on medical necessity. (Cal. Code Regs., tit. 15, § 3358, subd. (a).) If an inmate is indigent, prescribed appliances are provided at state expense. (Cal. Code Regs., tit. 15, § 3358, subd. (c).)

Proposed Law:

This bill would:

• Deem as indigent an inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for thirty consecutive days shall be deemed indigent.
• Proscribe an indigent inmate from being charged for medical visits.
• Require an indigent inmate receive basic supplies necessary for maintaining personal hygiene.
• Exempt an indigent inmate from medical, dental, and mental health copayments.
• Require an indigent inmate be provided with sufficient resources to communicate with and access the courts, including, but not limited to, stamps, writing materials, envelopes, paper, and the services of a notary for the purpose of notarizing a signature on a document, as required.

Staff Comments:

As of May 1, 2018, there are 64,194 indigent inmates, roughly 55 percent of the total population, using the current definition of indigent (i.e., having a balance of $1 or less in the inmate trust account for thirty consecutive days). The department estimated that if the criteria established by this bill were implemented, an additional 20,000 inmates, 65 percent of the total inmate population, would be considered indigent.

It is difficult to predict the number of dental, medical, or mental health visits that the indigent inmate population may have in a year.  In 2017, there were 135,521 encounters statewide during which CDCR’s dental program staff could have charged patients a $5 copayment fee.  If the $5 copayment was charged for each encounter, the total revenue collected would have been $677,605. If roughly 65 percent of those fees would be uncollectible due to the inmates’ indigency, the net revenue loss would be $440,443 annually—which would mean a loss of roughly $68,000 for a 10 percent increase in indigent inmates as is estimated to be the case under the criteria established by this bill.  The likely total annual revenue loss would be higher if medical and mental health visits and corresponding copayments are factored in.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2533 Hearing Date: June 19, 2018

Subject: Inmates: Indigence

HISTORY

Source: California Coalition for Women Prisoners

Prior Legislation: None

Support: ACLU of California; Anti-Recidivism Coalition; California Public Defenders Association; Californians United for a Responsible Budget; East Side Studios; Ella Baker Center for Human Rights; Fair Chance Project; Friends Committee on Legislation of California; Full Moon Pickles and Catering; Legal Services for Prisoners with Children; National Association of Social Workers, California Chapter; Restore Justice; Root & Rebound; San Francisco Public Defender; Survived & Punished; Transgender, Gendervariant, Intersex Justice Project; United Auto Workers Local 286; Women’s Center for Creative Work; Young Women’s Freedom Center; individuals

Opposition: None known

Assembly Floor Vote: 56 - 17

PURPOSE

The purpose of this bill is to require that a state prison inmate who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent, and to require that an indigent inmate be provided with sufficient resources to communicate with and access the courts, as specified, and not be charged for medical, dental, and mental health copayments.

Existing law provides that inmates engaged in productive work may receive compensation as determined by the Secretary of the California Department of Corrections and Rehabilitation (CDCR). (Pen. Code, § 2700.)

Existing law authorizes any prison or institution under the jurisdiction of the CDCR to maintain a canteen for the sale of toilet articles, candy, notions, and other sundries. (Pen. Code, § 5005.)

Existing law provides that the Director of CDCR shall specify what commodities shall be sold in the canteen and fix the sale prices of the articles offered for sale at amounts that will render each canteen self-supporting. (Pen. Code, § 5005.)

Existing law authorizes the Director of CDCR to charge a $5 fee for each inmate-initiated medical visit to the prison account of the inmate. (Pen. Code, § 5007.5, subd. (a).)

Existing law provides that if an inmate has no money in her personal account, there shall be no charge for the medical visit. (Pen. Code, § 5007.5, subd. (b).)

Existing law provides that an inmate shall not be denied medical care because of a lack of funds. (Pen. Code, § 5007.5, subd. (c).)

Existing law provides that follow up medical visits, at the discretion of medical staff, shall not be charged to the inmate. (Pen. Code, § 5007.5, subd. (e).)

Existing law provides that all money received by the Director shall be expended to reimburse CDCR for direct provision of inmate health care services. (Pen. Code, § 5007.5, subd. (f).)

This bill requires that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent.

The bill requires that an inmate who is indigent be provided with sufficient resources to communicate with and access the courts, as specified, and not be charged for medical, dental, and mental health copayments.

COMMENTS

1. Need for This Bill

According to the author:

Under current California Department of Corrections and Rehabilitation regulations, any inmate who has less than $1.00 in their Inmate Trust Account for 30 consecutive days is entitled to certain basic necessities. These necessities include the materials necessary for communicating with the courts, prescribed medical appliances, and, upon request, hygiene items.

However, the restrictively low indigence threshold creates significant ethical issues by preventing poor inmates from accessing the courts, threatening the health and safety of inmates and correctional staff, adding to the challenge of reintegration, and further burdening families, who are often primarily responsible for covering conviction-related costs.

Current CDCR practice requires indigent inmates to submit a request in order to receive basic hygiene supplies (soap, toothpaste, toothbrushes, laundry detergent, deodorant, denture adhesive, etc.). Stigma around this process prevents many indigent inmates from accessing the supplies they need to maintain health and safety. In addition, many inmates who are too poor to purchase necessary hygiene items still do not qualify for indigence under the current threshold. AB 2533 would ensure dignity for poor inmates by raising the threshold and requiring CDCR to provide all indigent inmates with the basic supplies necessary for maintaining personal hygiene.

Inmates are also required to pay a $5 copayment for any medical, dental, or mental-health visit that they initiate; which limits access to care for poor inmates. While a $5.00 co-payment may not seem restrictively high to those outside the prison system, the prison economy operates on a completely different scale. Inmates earning the prison minimum wage make 8 cents per hour, which means that the $5.00 co-payment would be roughly equivalent to a $687.50 co-payment for a minimum wage worker outside the prison system. In other words, it takes inmates up to 9 days of work to afford a single co-payment.

. . .

When an inmate is discouraged from seeking medical care or hygiene supplies by high cost, the entire correctional facility is endangered by the further spreading of communicable diseases like hepatitis C to staff and other inmates. This is particularly dangerous in prisons, an environment that is susceptible to the spread of disease…

. . .

AB 2533 will raise the indigence threshold to $25 to ensure that all impoverished inmates can communicate with the courts, access adequate health and dental care, and maintain their personal hygiene. This will also reduce the burden on families who oftentimes bare the financial strain of the costs of incarceration.

1. CDCR Regulations Pertaining to Indigent Inmates

Indigent inmate is defined in regulation as “an inmate who is wholly without funds [in their trust account] at the time they were eligible for withdrawal of funds for canteen purchases.” (Cal. Code Regs., tit. 15, § 3000.)

This bill would define an indigent inmate as an inmate who has $25 or less in his or her Trust Account for 30 consecutive days.

1. Inmate Trust Accounts

CDCR inmates are not permitted to have more than $50 in their possession at any one time. (Department Operations Manual (DOM) § 83050.1.) Instead, each CDCR inmate keeps his or her money in an inmate trust account which is deposited in the State Treasury. (Pen. Code, § 5057.) All of an inmate’s money, including wages earned from inmate work as well as money deposited by an inmate’s family or friend, is deposited into the inmate’s trust account. (DOM §§ 47130.1, 54070.5.1.) All monies deposited in an inmate trust account are subject to restitution and administrative charges. (Cal Code of Regs., tit. 15, § 3097.) Inmates may use the funds in their trust account for health, legal, and mail needs as well as for discretionary spending, including canteen purchases. (Pen. Code, § 5007.5; Cal Code of Regs., tit. 15, § 3090, subd. (c).) A canteen operates like a small store within the prison, where inmates can purchase various items such as toothpaste, soap, shampoo, food, and beverages. All funds earned as profit from canteen purchases are deposited into the Inmate Welfare Fund. (DOM § 54070.1.)

1. Inmate Mail Supplies and Access to the Courts

Upon an indigent inmate’s request, writing paper, envelopes, a writing implement, and the postage required for five one-ounce First-Class letters per week will be supplied by the institution. (Cal. Code Regs., tit. 15, § 3138, subd. (a).) The inmate is allowed to utilize the envelopes regardless of future deposits to the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3138, subd. (d).) The cost of postage for mailing documents to the courts is charged against an inmate’s trust account unless the inmate is indigent. (Cal. Code Regs., tit. 15, § 3165, subd. (d).) Indigent inmates are provided free and unlimited mail to any court or the Attorney General’s Office. (Cal. Code Regs., tit. 15, § 3138, subd. (h).)

In addition to any other court costs and filing fees, an inmate initiating a state civil action must pay a $3.00 filing fee to CDCR, which is charged against the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3160, subd. (b).) However, if the inmate is without sufficient funds at the time of the charge, the civil action will be filed with the court, and the inmate will not be charged for the remaining balance of the filing fee. (Cal. Code Regs., tit. 15, § 3160, subd. (b)(3).)

For purposes of submitting or duplicating legal documents, indigent inmate is defined as an inmate who “currently has and for the previous 30 consecutive days has maintained $1.00 or less in his or her inmate trust account.” (Cal. Code Regs., tit. 15, § 3162, subd. (a).) An indigent inmate who does not have attorney representation may receive duplication services without charge for specified legal documents. (Cal. Code Regs., tit. 15, § 3162, subd. (d).)

1. Inmate Personal Hygiene Supplies

The U.S. Supreme Court has held that the Eighth Amendment requires inmates to be provided sanitation and personal hygiene. (Keenan v. Hall (1996) 83 F.3d 1083, 1091, finding that “[i]ndigent inmates have the right to personal hygiene supplies such as toothbrushes and soap”; Hoptowit v. Ray (1982) 682 F.2d 1237, 1246, finding that the Eighth Amendment guarantees sanitation; Toussaint v. McCarthy (1984) 597 F. Supp. 1388, 1411, stating that the Eighth Amendment guarantees personal hygiene.) CDCR regulations also require that its institutions “provide the means for all inmates to keep themselves and their living quarters clean and to practice good health habits.” (Cal. Code Regs., tit. 15, § 3060.)

1. Inmate Medical Care and Health-Related Supplies

The government has an obligation to provide medical care for those whom it punishes by incarceration and cannot be deliberately indifferent to the medical needs of its prisoners. (See Estelle v. Gamble (1976) 429 U.S. 97, 104.) Inmates are charged a $5 copay drawn from their trust account for inmate-initiated medical visits. (Pen. Code, § 5007.5, subd. (a).) An inmate who has no money in his or her inmate trust account is not charged for the medical visit, and cannot be denied medical care because of a lack of funds in his or her prison account. (Pen. Code, § 5007.5, subd. (b) & (c).) Follow up medical visits, at the discretion of medical staff, are not charged to inmates. (Pen. Code, § 5007.5, subd. (e).)

An inmate may purchase health-related appliances, including but not limited to eyeglasses, artificial eyes, dental prosthesis, artificial limbs, orthopedic braces and shoes, and hearing aids, using funds in the inmate’s trust account. (Cal. Code Regs., tit. 15, § 3358, subd. (c).) An inmate’s need for such appliance is based on medical necessity. (Cal. Code Regs., tit. 15, § 3358, subd. (a).) If an inmate is indigent, prescribed appliances are provided at state expense. (Cal. Code Regs., tit. 15, § 3358, subd. (c).)

1. Argument in Support

According to the ACLU of California:

[The existing] thresholds for indigence are far too restrictive to allow many California prisoners to meet their basic needs and access the courts, and discourages them from seeking medical treatment – CDCR currently charges $5 for every medical visit. (PC 5007.5.) Indeed, someone with $1 in their trust account at one point, but who has none when they need to send legal mail, will be denied this opportunity.

By revising the threshold for indigence, AB 2533 will ensure that all prisoners can communicate with the courts, access adequate health and dental care, and maintain personal hygiene. This will also reduce the burden on families who often bear the financial strain of the current policy by having to send money for personal care, writing materials, and notary services. AB 2533 will help ensure that prisoners can live with basic dignity, care, and due process.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2533

Author:(Mark Stone)

As Amended Ver:April 3, 2018

Majority vote

SUMMARY: Requires the Office of Emergency Services (Cal OES) to allocate and award funds for up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of sex crimes involving developmentally disabled victims. Specifically, this bill:

1. Establishes within the Cal OES a program of financial and technical assistance for county district attorney offices for the prosecution of sexual assault crimes committed against developmentally disabled victims.
2. Requires the Cal OES to allocate and award funds for up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of these crimes.
3. Requires each county selected for funding to meet all of the following minimum requirements:
   1. Employ a vertical prosecution methodology for sexual assault crimes committed against developmentally disabled victims;
   2. Dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of these crimes;
   3. Provide Cal OES with annual data on the number of cases of sexual assault against developmentally disabled victims filed by that county, the number of convictions obtained, and the sentences imposed in those cases;
   4. Enter into an agreement, either by contract or by a memorandum of understanding (MOU), with an advocacy agency funded by the Cal OES that provides services, counseling, or both, to these victims in order to ensure that victims receive appropriate services; and,
   5. Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
4. States that the Cal OES may establish selection criteria, as specified, and must select applications based on a competitive process.
5. Defines the term "sexual assault crimes involving victims with disabilities and victims who are developmentally disabled" for purposes of the program as:
   1. Rape, as specified;
   2. Sodomy, as specified;
   3. Oral copulation, as specified;
   4. Sexual penetration, as specified; and,
   5. Any other offense for which registration as a sex offender is required if the victim is a paraplegic, a quadriplegic, or developmentally disabled, as specified.
6. Requires the Cal OES, on or before January 1, 2022, to submit to the Legislature and the Governor's Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions filed by the counties receiving funding, the number of convictions obtained by those counties, and the sentences imposed for the crimes.
7. Appropriates $2,600,000 from the General Fund to Cal OES for the purpose of funding the vertical prosecution program.
8. Sunsets the program on January 1, 2023.

EXISTING LAW:

1. States the Cal OES exists within the Governor’s office.
2. States that the Cal OES shall be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
3. Specifies that in addition to the powers designated in this section, the Governor may delegate any of the powers vested in him or her under this chapter to the secretary except the power to make, amend, and rescind orders and regulations, and the power to proclaim a state of emergency.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Significant loss of revenue, likely exceeding $1 million, from inmate accounts to the California Department of Corrections and Rehabilitation (CDCR) by eliminating the required $5 copayment for medical, dental, and mental health visits for about 20,000 inmates. For example, CDCR estimates its dental program will collect roughly $440,000 less in copayments. Copayment revenue loss will likely be equivalent or potentially higher for the medical and mental health programs. Costs from the other provisions of the bill are likely minor.
2. Minor costs to the Department of Justice related to a potential increase in litigation resulting from inmates having better access to legal resources. Any such costs will be reimbursed by CDCR.

COMMENTS:

1. Author's Statement: According to the author, ''Individuals with intellectual and developmental disabilities should be fully accommodated within the criminal justice system, allowing them to fully realize and exercise their rights when a crime is committed against them. Unfortunately, state data shows that allegations of sexual assault committed against a victim with a disability rarely result in prosecution, the most common reason being that victims, or a family member speaking on their behalf, don't believe that a case can cater to the needs of the victim with an intellectual or developmental disability. Vertical prosecution is an effective tool that caters to a victims needs. This method helps to establish a relationship, trust, and proper communication between the prosecutor and the victim to accurately convey their experience. Vertical prosecution for victims with intellectual or developmental disabilities is one vital tool that can be used in prosecuting perpetrators that commit serious or violent crimes against these people.''
2. Related Legislation: AB 2124 (Baker) of the current legislative session would appropriate $2,600,000 from the General Fund to Cal OES to establish and fund a human trafficking vertical prosecution program. AB 2124 is pending in this committee.
3. Prior Legislation:
   1. AB 229 (Baker) of the current legislative session, would have appropriate $2,600,000 from the General Fund to Cal OES to establish and fund a human trafficking vertical prosecution program. AB 229 was held in the Senate Appropriations Committee.
   2. AB 2202 (Baker) of 2016, would have appropriated $2,600,000 from the General Fund to Cal OES to establish and fund a human trafficking vertical prosecution program. AB 2202 was held in the Assembly Appropriations Committee.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0003132

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2533

Author:(Mark Stone) – As Amended Ver:April 3, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent. Specifically, this bill requires the California Department of Corrections and Rehabilitation (CDCR) to provide indigent inmates with sufficient resources to access the courts, including paper and the services of a notary, and states that indigent inmates shall not be charged for medical, dental, and mental health copayments.

FISCAL EFFECT:

Significant loss of revenue, likely exceeding $1 million, from inmate accounts to CDCR by eliminating the required $5 copayment for medical, dental, and mental health visits for about 20,000 inmates. For example, CDCR estimates its dental program will collect roughly $440,000 less in copayments. Copayment revenue loss will likely be equivalent or potentially higher for the medical and mental health programs. Costs from the other provisions of the bill are likely minor.

COMMENTS:

1. Background. The California Code of Regulations defines an indigent inmate as an inmate who is wholly without funds in their trust account at the time they were eligible for withdrawal of funds for canteen purchases. Practically speaking, CDCR considers an inmate indigent if the inmate has one dollar, or less, in the inmate’s trust account for 30 consecutive days. Indigent inmates can request free mail supplies and free copies of legal documents, and are not required to pay copayments for medical, dental, or mental health services. Inmates who are not deemed indigent must purchase some of their own supplies and must pay a five-dollar copayment for medical, dental, and mental health visits that they initiate.
2. Purpose. According to the author:

AB 2533 will raise the indigence threshold to $25 to ensure that all impoverished inmates can communicate with the courts, access adequate health and dental care, and maintain their personal hygiene. This will also reduce the burden on families who oftentimes bear the financial strain of the costs of incarceration.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2533

Author:(Mark Stone) – As Amended Ver:April 3, 2018

SUMMARY: Provides that an inmate in a state prison who has maintained an inmate trust account with $25 or less for 30 consecutive days be deemed indigent. Specifically, this bill:

Requires the California Department of Corrections and Rehabilitation (CDCR) to provide indigent inmates with sufficient resources to access the courts, including paper and the services of a notary, and states that inmates shall not be charged for supplies necessary for maintaining personal hygiene, medical, dental, and mental health copayments.

EXISTING LAW:

1. Enables any prison or institution under the jurisdiction of CDCR to maintain a canteen for the sale of toilet articles, candy, notions, and other sundries, to inmates. (Pen. Code, § 5005.)
2. States that the Director of CDCR shall specify what commodities shall be sold in the canteen, and fix the sale prices of the articles offered for sale. (Pen. Code, § 5005.)
3. Allows inmates engaged in productive work to receive compensation as determined by the Secretary of CDCR. (Pen. Code, § 2700.)
4. Limits inmate pay to an amount no higher than one-half the minimum wage, as stipulated in the Labor Code. (Pen. Code, § 2700.)
5. Authorizes the Director of CDCR to charge a $5 fee for each inmate-initiated medical visit to the prison account of the inmate. (Pen. Code, § 5007.5.)
6. Provides that if an inmate has no money in her personal account, there shall be no charge for the medical visit. (Pen. Code, § 5007.5.)
7. States that an inmate shall not be denied medical care because of a lack of funds. (Pen. Code, § 5007.5.)
8. States that follow up medical visits, at the discretion of medical staff, shall not be charged to the inmate. (Pen. Code, § 5007.5.)
9. States that all money received by the Director shall be expended to reimburse CDCR for direct provision of inmate health care services. (Pen. Code, § 5007.5.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s Statement: According to the author, “Under current California Department of Corrections and Rehabilitation regulations, any inmate who has less than $1.00 in their Inmate Trust Account for 30 consecutive days is entitled to certain basic necessities. These necessities include the materials necessary for communicating with the courts, prescribed medical appliances, and, upon request, hygiene items.
   
   “However, this restrictively low indigence threshold prevents poor inmates from accessing the courts, threatens the health and safety of inmates and correctional staff, adds to the challenge of reintegration, and further burdens families, who are often primarily responsible for covering conviction-related costs.
   
   “When an inmate is discouraged from seeking medical care because they can’t afford the copayment, or is discouraged from accessing hygiene items because of the stigma around requesting them, the entire correctional facility is endangered by the further spreading of communicable diseases like hepatitis C to staff and other inmates.
   
   “AB 2533 will raise the indigence threshold to $25 to ensure that all impoverished inmates can communicate with the courts, access adequate health and dental care, and maintain their personal hygiene. This will also reduce the burden on families who oftentimes bare the financial strain of the costs of incarceration.”
   
2. Current Prison Regulations Regarding Indigent Inmates: There is no statute in California that defines indigent inmate. The California Code of Regulations states that an indigent inmate is “an inmate who is wholly without funds [in their trust account] at the time they were eligible for withdrawal of funds for canteen purchases.” (Cal. Code Regs., tit. 15 § 3000.)
   
   This bill would define an indigent inmate as an inmate who has $25 or less in his or her Trust Account for 30 consecutive days:
   1. Inmate Trust Accounts & Prison Canteens: Inmates are not allowed to have more than $50 in their possession at any one time. (Department Operations Manual (DOM) § 83050.1) Rather, inmates at CDCR keep their money in inmate trust accounts. Inmate Trust Account funds are deposited into an interest bearing account within the California State Treasury. Wages earned from inmate work are deposited into Inmate Trust Accounts. Inmate wages range from $0.08 per hour to $0.37 per hour, capped at a $46 monthly maximum. (DOM § 51120.6.) Inmates who work at fire camps earn $1.45 to $3.90 per day and emergency firefighters are paid $1.00 hourly. (DOM § 51130.27.3) An inmate’s family and friends may also deposit money into an Inmate Trust Account. All monies deposited in an inmate’s Trust Account are subject to restitution and administrative charges. When an inmate owes any obligation pursuant to a direct order of restitution or a restitution fine, CDCR deducts 50 percent of each deposit, or the balance owing, whichever is less, from the inmate’s wages and trust account deposits regardless of the source of the income. In addition, a 10 percent administrative fee of is deducted to reimburse CDCR for its administrative costs, for a maximum deduction of 55 percent. (Cal. Code Regs. tit. 15 § 3090.) Inmates may submit written requests for their Trust Account statements showing current balances, if 90 days have elapsed since their previous request. (Cal. Code Regs. tit. 15 § 3090 subd. (e).)

Inmates may use the funds in their Trust Account for health, legal, and mail needs and for discretionary spending, including health care appliances, legal materials, religious items, entertainment appliances, books and periodicals, handicraft materials, and canteen purchases. Canteens are ‘stores’ at a prison, where an inmate can order goods such as toothbrushes, toothpaste, soap, shampoo, food and beverages. Funds from canteen purchases are deposited into the Inmate Welfare Fund. (Cal. Code Regs. tit. 15 § 3090 subd. (a); DOM § 54070.5.1.) Inmates are permitted to withdraw from their accounts for canteen purchases by signing a canteen sales receipt. (Id.) When purchasing merchandise from the canteen, an inmate will complete an itemized order list prior and place a fingerprint on the canteen sales receipt and present a picture identification card to canteen staff. (Id.)

• 1. Inmate Mail Supplies and Access to the Courts: For mail purposes, legal forms, and duplicating service, the definition of indigent inmate “is an inmate who has $1.00 or less in their Inmate Trust Account for 30 consecutive days.” (Cal. Code Regs., tit. 15 § 3131 subd. (a)(5).) Upon an indigent inmate’s request, writing paper, envelopes, a writing implement, and the postage required for five one-ounce First-Class letters per week shall be supplied by the institution. (Cal. Code Regs., tit. 15 § 3138.) The inmate shall be allowed to utilize the envelopes regardless of future deposits to the inmate’s Trust Account. (Id.) Inmates are not allowed to trade, transfer, or swap indigent inmate supplies with another inmate. (Id.) Indigent inmates desiring to correspond with their attorney or any other confidential correspondent must use weekly allotment of indigent supplies to send such correspondence.

Upon request, institutions provide indigent inmates free copies of legal documents, limited to the number of copies of a document required by the court, plus one copy for the opposing party and one copy for the inmate’s records. (Cal. Code Regs., § 3160.) Charges are not placed against future deposits to the inmate’s trust account to recover the cost of materials, copying and postage provided, while the inmate was indigent. (Id.) Legal duplication services may be provided to inmates for the purposes of initiating or maintaining a court action. Inmates are required to pay for the duplication of printed forms and other written or typed materials, and for any special paper and envelopes required for mailing to the courts if the inmate has more than $1.00 in her Trust Account, or the inmate has attorney representation for the court action. (Id.)

In addition to any other court costs and filing fees an inmate initiating a state civil action must pay a $3.00 filing fee to CDCR, which is charged against the inmate’s trust account. (Id.) However, if the inmate is without sufficient funds at the time of the charge, the civil action will be filed with the court, and the inmate will not be charged for the remaining balance of the filing fee. (Id.) Notarization of legal documents is not provided as a free service to any inmate, indigent or not. Inmates must pay the established notary fee for such service. (Id.)

The cost of postage for mailing documents to the courts is charged against an inmate’s trust account unless the inmate is indigent. (Cal. Code Regs., tit. 15 § 3165.) Indigent inmates are provided free and unlimited mail to any court or the Attorney General’s Office. (Id.) Whenever an inmate sends mail to a court, the inmate must submit a signed Trust Account Withdrawal Order. (Id.) The mail room will review the trust account withdrawal order, enter the amount of postage required, and forward the order to CDCR’s trust office for processing. (Id.)

• 1. Inmate Personal Hygiene Supplies: The Eighth Amendment requires inmates to be provided sanitation and personal hygiene. “Indigent inmates have the right to personal hygiene supplies such as toothbrushes and soap.” (Keenan v. Hall (1996) 83 F.3d 1083, 1091; See also Hoptowit v. Ray (1982) 682 F.2d 1237, 1246, finding that the Eighth Amendment guarantees sanitation; Toussaint v. McCarthy (1984) 597 F. Supp. 1388, 1411, stating that the Eighth Amendment guarantees personal hygiene.) According the code of regulations, CDCR institutions provide the means for all inmates to keep themselves and their living spaces clean and to practice good health habits. (Cal. Code Regs. tit., 15 § 3060.)
  2. Inmate Medical Care and Supplies: The government has an obligation to provide medical care for those whom it punishes by incarceration and cannot be deliberately indifferent to the medical needs of its prisoners. (See Estelle v. Gamble (1976) 429 U.S. 97, 104.) Inmates are charge a $5 copay drawn from their Trust Account for medical visits that they request or initiate. (Pen. Code, § 5007.5.) An inmate who has no money in his or her Trust Account is not charged for the medical visit. (Id.) Follow up medical visits, at the discretion of medical staff, are not be charged to inmates. (Id.)

Inmates can purchase medical appliances, including but not limited to eyeglasses, artificial eyes, dental prosthesis, artificial limbs, orthopedic braces and shoes, and hearing aids. An inmate’s need for such appliance is based on medical necessity. (Cal. Code Regs. tit., 15 § 3358.) Appliances that are prescribed by a doctor or dentist are provided at state expense if an inmate is indigent. (Id.) Otherwise, an inmate may purchase prescribed appliances through CDCR or an approved vendor. (Id.) When a prescribed appliance is provided, inmates must sign a Trust Account Withdrawal Order from, to pay for the materials from their Inmate Trust Account. (Id.)

1. Argument in Support: California Coalition for Women Prisoners, the sponsor of the bill, states: “According to an article in the National Prison Project Journal, inmates who can’t afford copayments or hygiene supplies will often “do without hygiene items or medical treatment rather than have their families deposit funds that will be immediately confiscated to satisfy prison charges," In a survey by the Ella Baker Center, 63% of respondents reported that family members were “primarily responsible for covering conviction-related costs” and close to 50% of respondents reported that their families could not afford to pay these fees. In fact, two-thirds of families had “difficulty meeting basic needs” because of the cost of their loved one’s incarceration. Raising the indigence threshold and ensuring that indigent individuals can access medical care, dental care, mental-health care, hygiene supplies, and materials for accessing the courts will reduce the burden on families who are already struggling to survive….

“This bill provides a much needed human dignity element by providing basic supplies necessary for maintaining personal hygiene to incarcerated individuals with less than $25.00 on his or her trust account.”

1. Prior Legislation: AB 2232 (Nielsen), of the 2009-2010 Legislative Session, would have increased the inmate copay for medical visits to $10 and additionally authorize the Secretary of CDCR to charge a $5 fee for each inmate-initiated dental visit, even if the inmate has insufficient funds in his or her personal account to cover the fees and would provide for the inmate to be billed for any balance owing, with payment due 6 months after release. AB 2232 died in Assembly Public Safety Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Coalition for Women Prisoners (Sponsor)

Ella Baker Center for Human Rights

Opposition

None

Analysis Prepared by:

Liah Burnley / PUB. S. / (916) 319-3744