Understanding Commissary Profits and the Inmate Welfare Fund at Upshur County
Ever wondered where commissary
Upshur County’s jail commissary is supplied through Keefe Commissary Network under a Commissary Services Agreement dated August 15, 2018. Under that agreement, the Sheriff’s Office receives a commission equal to 38.5% of gross commissary sales, excluding non-commissioned items.
Beyond regular commissary items, the commissary also records profits on certain add-on purchases. One example included in the audit is e-cigarettes: the commissary recognizes a profit of $9.70 for each e-cigarette sold.
Phone and video time can also generate revenue. According to the audit, the commissary recognizes a 25% profit on phone minutes and a 25% profit on video visitation minutes.
To get a sense of scale, the audit reports that during fiscal year 2021 the Upshur County Inmate Welfare account earned $44,228 in commission on commissary sales.
The audit describes a clear separation between operating money and welfare money: proceeds from commissary commissions and from sales of e-cigarettes, phone minutes, and video visitation minutes are deposited into a separate bank account titled “Inmate Welfare Fund.”
Texas law sets boundaries on what commissary proceeds can pay for. Under Texas Local Government Code section 351.0415(c), commissary proceeds may be used to fund, staff, and equip programs that address inmates’ needs, rather than being treated like general-purpose county revenue.
- ✓ Fund, staff, and equip programs that address inmates’ needs
- ✓ Supply inmates with clothing, writing materials, and hygiene supplies
- ✓ Establish, staff, and equip the commissary operation, including salaries for staff who manage inmates’ commissary accounts
- ✓ Fund, staff, and equip both an educational library and a law library
- ✓ Pay for physical plant improvements, technology, equipment, programs, services, and activities that support inmate and facility well-being, safety, and security
For families, this helps explain why commissary and certain paid services can matter beyond the individual purchase. In Upshur County, the proceeds from commissary commissions and from sales like e-cigarettes, phone minutes, and video visitation minutes are deposited into a separate “Inmate Welfare Fund” bank account. In fiscal year 2021 alone, that account earned $44,228 in commission on commissary sales - money that, by law, is tied to inmate-focused uses rather than unrelated expenses.
Note: If you want the most current picture of how the Inmate Welfare Fund is being spent, ask the county for recent Inmate Welfare Fund expenditures. Under Texas Local Government Code 351.0415(c), permitted uses include inmate programs, basic supplies (like clothing and hygiene items), and costs tied to operating the commissary itself (including staff who manage commissary accounts).
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