Bill Text: CA SB1157 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Incarcerated persons: visitation.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1157 Detail]

Download: California-2015-SB1157-Amended.html

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BILL NUMBER: SB 1157	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2016
	AMENDED IN SENATE  APRIL 6, 2016

INTRODUCED BY   Senator Mitchell
   (  Coauthor:   Senator  
Hancock   Coauthors:   Senators  
Cannella,   Hancock,   and Leno  )
   (Coauthor: Assembly Member Weber)

                        FEBRUARY 18, 2016

   An act to add Section 4032 to the Penal Code, and to add Sections
210.05 and 885.5 to the Welfare and Institutions Code, relating to
incarcerated persons.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1157, as amended, Mitchell. Incarcerated persons: visitation.
   Existing law provides that a county jail is kept by the sheriff of
the county in which the jail is situated and is to be used for
specified purposes, including for the confinement of persons
sentenced to imprisonment in  the   a 
county jail upon a criminal conviction. Among other things, existing
law requires each county jail to contain a sufficient number of rooms
to allow certain persons belonging to specified classes to be
confined separately and distinctly from persons belonging to other
specified classes. Existing law requires every county to provide and
maintain a juvenile hall for purposes of providing a suitable house
or place for the detention of wards and dependent children of the
juvenile court and persons alleged to come within the jurisdiction of
the juvenile court. Existing law authorizes a county to, by
ordinance, establish juvenile ranches, camps, or forestry camps,
within or without the county, to which certain persons made wards of
the court may be committed.
   This bill would  prohibit   require  a
local correctional facility, as defined, a juvenile hall for the
confinement of minors, and a juvenile ranch, camp, or forestry camp
 from utilizing   that elects to utilize 
video or other types of electronic visitation to  replace
in-person visitation. The bill would require   provide
 specified numbers and lengths of in-person visits for
incarcerated persons in certain local correctional facilities and for
incarcerated minors and minors at the juvenile facilities described
above. The bill would also define, among other things, "in-person
visit" and "in-person visitation" for these purposes.  By
increasing the duties of local officials relative to in-person
visitations for incarcerated persons in local correctional
facilities, the bill would impose a state-mandated local program.

   On and after January 1, 2017, the bill would prohibit a city,
county, city and county, or other local entity from entering into,
renewing, extending, or amending a contract with a private prison
corporation that does not provide persons to be incarcerated or
detained at the private prison corporation's facility, at a minimum,
specified amounts of in-person visitation. 
   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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that opportunities
for in-person visitation in local correctional facilities, juvenile
halls, juvenile homes, ranches, and camps are essential for persons
who are incarcerated and detained to maintain family stability,
reduce disciplinary infractions and violence while incarcerated,
reduce recidivism, increase the chances of obtaining employment
postrelease, and facilitate successful reentry. Other types of
visitation shall only be used to supplement in-person visitation to
further promote the above-mentioned goals. This act does not
interfere with the ability of the Board of State and Community
Corrections to issue regulations with regards to visitation. It is
the intent of the Legislature to strengthen family connections by
facilitating in-person visitation.
  SEC. 2.  Section 4032 is added to the Penal Code, to read:
   4032.  (a) A local detention facility  shall not 
 that elects to utilize video or other types of electronic
 visitation to replace in-person visitation. 
    (b)     A local
detention facility shall also   visitation  
shall  comply with both of the following:
   (1) Sentenced incarcerated persons in a Type I facility and all
incarcerated persons in a Type II facility shall be allowed no fewer
than two in-person visits totaling at least one hour per incarcerated
person each week.
   (2) Incarcerated persons in a Type III facility or a Type IV
facility shall be allowed no fewer than one in-person visit totaling
at least one hour per incarcerated person each week. 
   (c) 
    (b)  For purposes of this section, all of the following
definitions apply:
   (1) "In-person visit" or "in-person visitation" means a visit or
visitation during which an incarcerated person has contact with a
visitor, is able to see a visitor through glass, or is otherwise in
an open room without contact with a visitor.
   (2) "Local detention facility" has the same meaning as defined in
Section 6031.4.
   (3) "Type I facility" means a local detention facility used for
the detention of persons for not more than 96 hours, excluding
holidays, after booking. "Type I facility" also includes a local
detention facility that detains a person on court order for his or
her own safekeeping or a person sentenced to a city jail as an
incarcerated person worker, or that houses incarcerated person
workers sentenced to  the   a  county jail,
provided the placement in the facility is made on a voluntary basis
on the part of the incarcerated person. As used in this paragraph,
"incarcerated person worker" means a person assigned to perform
designated tasks outside of his or her cell or dormitory, pursuant to
the written policy of the facility, for a minimum of four hours each
day on a five-day scheduled work week.
   (4) "Type II facility" means a local detention facility used for
the detention of persons pending arraignment, during trial, and upon
a sentence of commitment.
   (5) "Type III facility" means a local detention facility used only
for the detention of convicted and sentenced persons.
   (6) "Type IV facility" means a local detention facility or portion
of the facility designated for the housing of incarcerated persons
eligible pursuant to Section 1208 for work furlough, education
furlough, or other programs involving incarcerated person access into
the community. 
   (d) 
    (c)  On and after January 1, 2017, a city, county, city
and county, or other local entity shall not enter into, renew,
extend, or amend a contract with a private prison corporation that
does not provide persons to be incarcerated or detained at the
private prison corporation's facility, at a minimum,  the
same amount of in-person visitation required by paragraph (1) of
subdivision (b) for a Type II facility.   no fewer than
two in-person visits totaling at least one hour per incarcerated
person each week. 
  SEC. 3.  Section 210.05 is added to the Welfare and Institutions
Code, to read:
   210.05.  (a) A juvenile hall for the confinement of minors
 shall not   that elects to  utilize video
or other types of electronic  visitation to replace in-person
visitation. 
    (b)     A juvenile hall
for the confinement of minors shall also   visitation
shall  comply with all of the following with respect to
in-person visitation:
   (1) Incarcerated minors shall be allowed to receive in-person
visits by parents, guardians, or persons standing in loco parentis,
at reasonable times, subject only to the limitations necessary to
maintain order and security.
   (2) Opportunity for in-person visitation shall be a minimum of two
hours per week.
   (3) In-person visits may be supervised, but conversations shall
not be monitored unless there is a security or safety need. 
   (c) 
    (b)  For purposes of this section, "in-person visit" or
"in-person visitation" means a visit or visitation during which an
incarcerated minor has contact with a visitor, is able to see a
visitor through glass, or is otherwise in an open room without
contact with a visitor.
  SEC. 4.  Section 885.5 is added to the Welfare and Institutions
Code, to read:
   885.5.  (a) A juvenile ranch, camp, or forestry camp established
under Section 881  shall not   that elects to
 utilize video or other types of electronic  visitation
to replace in-person visitation. 
    (b)    A juvenile
ranch, camp, or forestry camp established under Section 881 shall
also   visitation shall  comply with all of the
following with respect to in-person visitation:
   (1) Minors shall be allowed to receive in-person visits by
parents, guardians, or persons standing in loco parentis, at
reasonable times, subject only to the limitations necessary to
maintain order and security.
   (2) Opportunity for in-person visitation shall be a minimum of two
hours per week.
   (3) In-person visits may be supervised, but conversations shall
not be monitored unless there is a security or safety need. 
   (c) 
    (b)  For purposes of this section, "in-person visit" or
"in-person visitation" means a visit or visitation during which a
minor has contact with a visitor, is able to see a visitor through
glass, or is otherwise in an open room without contact with a
visitor. 
  SEC. 5.    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.