Bill Text: CA AB1723 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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  Assembly  May 19, 2023

Amended  IN  Assembly  March 29, 2023

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1723

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Introduced by Assembly Member Waldron

February 17, 2023

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An act to add Section 4033 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 if specified criteria are met. 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: YES  

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Bill 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)Notwithstanding Section 4571, the sheriff or other officer in charge of a local detention facility, as defined in Section 6031.4, shall allow a person previously convicted of a felony who was confined in a state prison who is currently employed by a community-based organization that provides rehabilitative programming to currently incarcerated individuals to come upon the grounds of the facility if all of the following conditions are met:

(1)The facility allows visitors, and the person is requesting to visit pursuant to the visitation policies of the facility.

(2)The person is not currently charged with the commission of an offense.

(3)The person shows proof they are employed by an organization that provides rehabilitative programming to currently incarcerated individuals. Proof may be shown by, but shall not be limited to, a letter on the organization’s letterhead that confirms the person is employed by the organization.

(b)Notwithstanding Section 4571, the sheriff or other officer in charge of a local detention facility, as defined in Section 6031.4, shall allow a person previously convicted of a felony who was confined in a state prison who is currently associated with an organization that has the primary goal of providing mentorship to currently incarcerated individuals to come upon the grounds of the facility if all of the following conditions are met:

(1)The facility allows visitors, and the person is requesting to visit pursuant to the visitation policies of the facility.

(2)The person is not on any form of supervision, unless the person is able to demonstrate evidence of rehabilitation as defined in subdivision (f).

(3) The person is not currently charged with the commission of an offense.

(4)The person shows proof they are associated with an organization that provides mentorship services to currently incarcerated individuals. Proof may be shown by, but shall not be limited to, a letter on the organization’s letterhead that confirms the person is associated with the organization.

(5)The person is on the facility grounds to provide mentorship services to currently incarcerated individuals.

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 requirement 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) For purposes of this section, “mentorship” includes meeting with, conducting educational programming for, or facilitating dialogue between incarcerated individuals within the facility.

(f)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, provided that 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.

SEC. 2.

 Section 4571 of the Penal Code is amended to read:

4571.

 Every person who, having been previously convicted of a felony and confined in any State prison in this State, without the consent of the warden or other officer in charge of any State prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the State prison are located under the custody of prison officials, officers or employees, or any jail or any county road camp in this State, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, thereto, except as authorized pursuant to Section 4033, is guilty of a felony.

SEC. 2.SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.