Request for Budget Action to Address CDCR Release Allowance Issues

Dear Budget Leaders:

We urge you to take budget action to address the California Department of Corrections and Rehabilitation’s (CDCR) unfair practice of deducting release allowance funds for returning citizens.

Currently, CDCR deducts funds from an incarcerated person’s release allowance of $200 for their transportation and clothing upon their release from prison if the person does not have them provided by another source (generally family, community members or non-profit organizations). This practice harms the most vulnerable portion of the population leaving our prisons - those who do not have familial or community support when returning home.

CDCR is violating current law by engaging in this practice, and is allocated 4x as many funds than they expend each year.

Penal Code section 2713.1 stipulates that CDCR “shall” pay people released from custody $200. The law also allows for CDCR to prescribe rules and regulations in specified circumstances (if a person has served less than six months, to provide payment within 60 days of a person’s release, or regarding payment of funds in the case of a person who absconds). However, CDCR’s current regulations go beyond what the law allows in stating that the cost of release apparel and transportation costs paid by the state shall be deducted from release allowances.

Additionally, CDCR currently receives approximately $21,000,000 per year (equivalent to $211 for each incarcerated person in CDCR), but only spends approximately $5,000,000 on release allowances. Based on these numbers, the Department has more than enough money allocated each year to adhere to the requirements of the Penal Code to provide each person $200 gate money, and separately arrange for their clothing and transportation so it doesn’t come out of these already insufficient funds. It is unclear how the remainder of the unspent funds are currently expended by CDCR.

Background:

Since 1973, California has disbursed $200 to individuals released from California Department of Corrections and Rehabilitation (CDCR) institutions as a release allowance which is commonly referred to as “gate money.”1 Despite inflation, and the increasing immediate needs this population faces, this amount has never been adjusted. Taking California’s high cost of living into account and hoping to strengthen reentry support for people, SB 1304 (Kamlager) was introduced in 2022. This bill attempted to raise the gate money amount to $1300 to better meet the reentry needs of formerly incarcerated individuals. Although passed by the Legislature, SB 1304 was unfortunately vetoed by Governor Newsom.

The first 72 hours after release are critical to the well-being of individuals. People paroled from CDCR institutions depend on the state’s release allowance in order to meet their most basic needs in their first few days out of prison. This small amount of money is especially important for those paroled without any familial or community support. This practice has created economic harm and disadvantages among newly released individuals, leaving returning citizens significantly more vulnerable and highly susceptible to homelessness and recidivism due to unmet needs.

If a person does not have transportation nor dress outs (clothing) arrangements, CDCR deducts money from a person’s gate allowance amount of $200 to cover clothing and transportation expenses. This often leaves recently released people with less than $120 to cover the cost of their first meals, toiletries, and other transportation or lodging costs they may incur in their first few days of release. People with the furthest distances to travel, for example, traveling from High Desert State Prison in Lassen County to Los Angeles, are at an extreme disadvantage as they incur the highest costs for returning home.

In regards to clothing, the expectation is that families will provide individuals with clothing to parole with, either by mailing in clothes or delivering clothing immediately upon release. Indigent individuals who lack dress outs are given CDCR uniforms, usually previously worn White t-shirts and Gray sweatpants, and are charged varying amounts for them depending on the discretion of institutions. These harmful practices leave returning citizens extremely vulnerable, especially as the time period between being released to reporting to parole officers is critical to their well-being and reentry journeys.

Our coalition created a survey and collected data from 73 formerly incarcerated individuals throughout the state. Our analysis found that one in three returning citizens, around 30 percent of the paroling population, are impacted by these harmful practices. Anecdotal stories also highlighted a concerning correlation between not receiving immediate support, homelessness, and that path to recidivism. One of the individuals surveyed stated:

“When I was released from Valley State Prison, I was given the $200 gate money upon release. CDCR transported me via van to the nearest Greyhound station. I had to buy a ticket to Riverside, CA. I think the ticket was around $80 at the time. I traveled all night by train and bus. This is because I had to report the next day to parole around 8 a.m. I arrived in the early morning around 2 to 3 a.m. and had to walk several miles in the dark and find this parole office. I'll never forget that night. Had to stay awake the entire time. Only to report, and live a life on the streets for about 90 days until a bed opened up for a residential facility, a sober living arrangement.”

If we want to prevent recidivism in California, our goal should be to support people equitably as they return home. The draconian practices in place set people up for failure. Returning citizens require immediate support the minute they step out of prison, this should include having transportation and clothing costs covered in order to return to their communities.