Bill Text: CA AB1723 | 2023-2024 | Regular Session | Amended
Bill Title: Crimes: local carceral facility visitation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1723 Detail]
Download: California-2023-AB1723-Amended.html
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Amended
IN
Senate
June 26, 2023 |
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Amended
IN
Assembly
May 19, 2023 |
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Amended
IN
Assembly
March 29, 2023 |
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Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1723
| Introduced by Assembly Member Waldron |
February 17, 2023 |
An act to amend Section 4571 of, and to add Section 4033 to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1723, as amended, Waldron.
Crimes: local carceral facility visitation.
Existing law prescribes incarceration in the state prison as punishment for certain crimes. Existing law makes it a felony for a convicted felon who has been previously confined in a state prison to go upon the grounds of or land adjacent to a state or local carceral facility, as specified, without the consent of the warden or other officer in charge of the facility.
This bill would require the Board of State and Community Corrections to, on or before January 1, 2025, adopt regulations that establish a uniform process to allow persons convicted of a felony who are employed by an organization that provides rehabilitative programming for or who are associated with an organization that provides mentorship to currently incarcerated individuals to go into a local carceral facility.
The bill would provide that evidence of rehabilitation, as defined, is a basis to appeal a denial of entry by the sheriff or other administrator of the facility. By imposing additional duties on local carceral facilities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4033 is added to the Penal Code, immediately following Section 4032, to read:4033.
(a) On or before January 1, 2025, the Board of State and Community Corrections shall adopt regulations that establish a uniform process to permit a person previously convicted of a felony who was confined in a state prison, is not currently charged with the commission of an offense, and is currently employed by a community-based organization that provides rehabilitative programming to currently incarcerated individuals to come upon the grounds of a local detention facility, as defined in Section 6031.4.(b) On or before January 1, 2025, the Board of State and Community Corrections shall adopt regulations that establish a uniform process to permit a person
previously convicted of a felony who was confined in a state prison, is not currently charged with the commission of an offense, and is currently associated with an organization that has the primary goal of providing mentorship to currently incarcerated individuals to come upon the grounds of a local detention facility, as defined in Section 6031.4, to provide mentorship services to individuals incarcerated in the facility.
(c) The local detention facility shall make any needed changes to procedures and forms to facilitate the requirements in subdivisions (a) and (b).
(d) The facility shall publish on the facility’s internet website, and otherwise make available, the approval process for visitors pursuant to subdivisions (a) and (b).
(e) If an applicant is denied by the sheriff or other administrator of the facility, the applicant shall be informed of a process to appeal the decision. A basis for appeal is demonstrating “evidence of rehabilitation.”
(f) The final decision of entry pursuant to this section shall be at the discretion of the sheriff or other administrator of the facility.
(e)
(g) For purposes of this section, “mentorship”
includes meeting with, conducting educational programming for, or facilitating dialogue between incarcerated individuals within the facility.
(h) For purposes of this section, “evidence of rehabilitation” includes, but is not limited to, the following:
(1) A person’s satisfactory compliance with all terms and conditions of parole, probation, mandatory supervision, or postrelease community supervision. The person’s inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with the terms and conditions of parole or probation.
(2) Evidence of maintaining steady employment and employer recommendations, particularly related to a person’s postconviction employment.
(3) Educational attainment or vocational or professional training since conviction, including training received while the person was incarcerated.
(4) Completion of, or active participation in, rehabilitative treatment, including alcohol or drug treatment.
(5) Letters of recommendation from community
organizations, counselors, case managers, teachers, community leaders, parole officers, and probation officers who have observed the person since the person’s conviction.
(6) The age of the person at the time of the conviction and the amount of time that has passed since the conviction.
(7) A credible explanation of precedent coercive conditions, including physical, emotional, or sexual abuse, domestic violence, sexual assault, dating violence, stalking, whether the person was the victim of crime, untreated substance abuse, mental illness, or disability that contributed to the conviction.
(8) Evidence that the individual has maintained good standing in the community since the conviction.
