A new class-action lawsuit filed in Alameda County Superior Court alleges that the California Department of Corrections and Rehabilitation (CDCR) has illegally withheld portions of the $200 “gate money” legally owed to inmates upon their release from prison. The lawsuit claims that over a million people have been shortchanged by the department since 1994, with funds being deducted for clothing and transportation costs, which plaintiffs argue violates state law.
Inmates Denied Critical Funds
John Vaesau, who spent 33 years in Folsom State Prison before his release in June 2023, is one of the plaintiffs. Expecting the $200 he was entitled to by law, he was shocked to receive nothing. “They just threw me out like a piece of garbage,” Vaesau said. He and another formerly incarcerated person are now taking legal action, accusing the CDCR of creating unnecessary financial hardship for newly released individuals.
“I want to fight against this kind of system,” said Vaesau, 49. “I’m hoping everybody can get what they got coming and for future people to not go through the same ordeal that I’ve gone through.”
The History and Impact of Gate Money
The practice of giving $200 to released inmates began 51 years ago under former Governor Ronald Reagan. The law is meant to ensure that individuals leaving prison have basic funds for necessities during their first days of freedom. Despite rising inflation, this amount has not been adjusted since its introduction.
In 2022, former Senator Sydney Kamlager-Dove proposed a bill to raise the gate money to $1,300, indexed annually to inflation, but Governor Gavin Newsom vetoed the measure due to its potential $35 million cost. Currently, the state spends approximately $5 million annually on gate money for more than 30,000 people released each year.
Lawsuit Seeks Compensation and Policy Change
The lawsuit, led by UC Berkeley’s Criminal Law & Justice Center and law firm Edelson PC, demands retroactive payments for those denied their full gate money. It also seeks to end the department’s practice of making deductions from the funds. The lawsuit describes the gate money as a “critical lifeline,” noting that many formerly incarcerated individuals are left vulnerable to homelessness and recidivism without these funds.
A 2008 report by the Stanford Criminal Justice Center emphasized that the first 72 hours after release are crucial to a person’s reentry success. “Reagan understood that the first days after release are critical to public safety,” said Chesa Boudin, a former San Francisco district attorney and one of the attorneys representing the plaintiffs.
Lawmakers Address Deductions
This year, California lawmakers acknowledged the issue and approved an additional $1.8 million to cover transportation and clothing costs for newly released inmates. However, the bill, part of a larger government funding package, is awaiting Governor Newsom’s approval.
Senator Josh Becker, who led the request for the additional funding, expressed his frustration with the CDCR’s deductions. “This is about righting a wrong – making it clear that deductions are not to be taken out,” Becker said.
