In Re Hamilton

Daniel Vasquez, warden of the prison at San Quentin, appeals from an order of the Marin County Superior Court enjoining prison officials from charging inmates a 10 percent surcharge on handicraft materials purchased through the prison’s handicraft program. We vacate the order for reasons explained below.

Facts

Penal Code sections 5005 and 5006 authorize the Department of Corrections to operate canteens and hobby shops at correctional facilities throughout the state. Section 5005 instructs the Director of Corrections to “fix” prices of articles offered for sale through the canteens at such amounts “that will, as far as possible,” render the programs “self-supporting.” Section 5006 directs that the net proceeds from the operation of the canteens and hobby shops be deposited in the Inmate Welfare Fund (IWF), which fund “shall be used for the benefit, education, and welfare of inmates . . . including but not limited to the establishment, maintenance, employment of personnel for, and purchase of items for sale [at the canteens] . . . , and for the establishment, maintenance, employment of personnel and necessary expenses in connection with the operation of the hobby shops .…