California’s prison system has made a significant policy shift, ensuring that individuals released from incarceration will receive all funds owed to them without deductions. A memo from the California Department of Corrections and Rehabilitation revealed this change, which aims to uphold a long-standing state law requiring a $200 “gate money” allowance for those leaving prison. This financial support is critical for covering essential needs during the initial days of re-entry into society.
The revised policy comes in response to a class-action lawsuit and recent legislative actions that compelled the corrections department to stop withholding monetary allowances from individuals who have been incarcerated. Previously, the department had been transparent about its regulations, which allowed for deductions if the released individual lacked appropriate clothing or transportation arrangements.
Chesa Boudin, one of the attorneys leading the lawsuit, expressed frustration that legal action was necessary to enforce a policy that should have complied with existing laws from the outset. The suit filed in September by academics and legal experts claims that the corrections department has unlawfully deducted funds from many individuals since 1994. The lawsuit stated the agency “routinely withholds some or all of the funds based on eligibility criteria of its own making,” criteria that contradict the clear wording of the law.
In response to calls for reform from criminal justice advocates, Governor Gavin Newsom approved a funding bill on September 30, allocating an additional $1.8 million for clothing and transportation expenses over the upcoming year. Mary Xjimenez, a spokesperson for the corrections department, confirmed that the agency has revised its policy in light of this budget adjustment.
An internal memo sent to top prison officials stated that starting immediately, the costs for clothing and transportation vouchers would no longer be taken from the release allowance available to individuals. Xjimenez emphasized that this is a permanent change funded by future budget allocations. The department is currently working on updating its regulations to reflect this new policy.
The importance of the first few days post-release is highlighted in a report by the Stanford Criminal Justice Center, which notes that this period is crucial for successful reintegration into society. The funds provided upon release are deemed a “critical lifeline” and serve as essential support for those transitioning back into the community.
While the revised policy marks progress for those involved in the lawsuit, Boudin pointed out that there is still work to be done, particularly concerning the demand for retroactive payments to those whose gate money was either deducted or denied completely. This issue affects individuals like John Vaesau, who filed as a lead plaintiff in the case and did not receive any of his gate money upon his release from Folsom State Prison in June 2023.
Vaesau criticized the department for simply attempting to address the issue piecemeal rather than recognizing their responsibilities thoroughly. He insisted that they must fulfill their debts not just to current plaintiffs but also to all who have faced similar situations in the past and will in the future.
In a bid to limit the claims made in the class-action lawsuit, attorneys for the corrections department have argued in court filings that claims regarding unpaid gate money before July 14, 2021, are no longer valid due to statutory limitations. However, the plaintiffs remain hopeful for a favorable ruling.
Boudin expressed confidence that their fundamental legal arguments challenging the department’s long-standing policy would ultimately prevail in court. The efforts continue as those advocating for change focus on ensuring justice for all individuals affected by the previous policy.