Bill Text: CA SB716 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Inmates: civil rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB716 Detail]

Download: California-2013-SB716-Amended.html

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BILL NUMBER: SB 716	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act  relating to immigration.   to add
Section 2636.5 to the Penal Code, relating to inmates. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 716, as amended, Lara.  Immigration detainees: civil
rights.   Inmates: civil rights.  
   Existing law requires the Department of Corrections and
Rehabilitation to institute certain practices to prevent sexual
violence and promote inmate and ward safety in the Department of
Corrections and Rehabilitation.  
   This bill would require the department and the sheriff of a county
jail to create a safe environment free from sexual abuse for inmates
or arrestees, including those inmates or arrestees with a United
States Immigration and Customs Enforcement hold, by doing certain
things, including, among other things, establishing a zero-tolerance
policy and creating specific policies and procedures prohibiting
employee sexual misconduct toward inmates or arrestees, prohibiting
sexual misconduct between either arrestees or inmates, or both, and
requiring mandatory reporting by employees of all allegations of
sexual misconduct. The department and the sheriff would also be
required to establish a process for how inmates or arrestees are
screened during an initial intake assessment to ensure their safety
from harm or harassment, or to keep them from harming others,
including training of employees in identifying whether the inmate or
arrestee requires a separate detention area for his or her own
safety, privacy during screening, or some other accommodation as a
result of being a member of the lesbian, gay, bisexual, transgender,
and queer communities.  
   Because this bill would require a higher level of service from
county jails, it would create 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 these
statutory provisions.  
   Under the United States Constitution, the federal government has
the power to regulate immigration.  
   This bill would state the intent of the Legislature to enact
legislation to ensure any prison, jail, or detention center in
California owned or contracted by the United States Immigration and
Customs Enforcement protects the civil rights of persons who are
members of the lesbian, gay, bisexual, or transgender community.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 2636.5 is added to the 
 Penal Code   , to read:  
   2636.5.  The Department of Corrections and Rehabilitation and the
sheriff of a county jail shall create a safe environment free from
sexual abuse for inmates or arrestees, including those inmates or
arrestees with a United States Immigration and Customs Enforcement
hold, by doing all of the following:
   (a) Establishing a zero-tolerance policy for sexual abuse.
   (b) Creating specific policies and procedures prohibiting employee
sexual misconduct toward inmates or arrestees, prohibiting sexual
misconduct between either arrestees or inmates, or both, and
requiring mandatory reporting by employees of all allegations of
sexual misconduct.
   (c) Establishing a process for how inmates or arrestees are
screened during an initial intake assessment to ensure their safety
from harm or harassment, or to keep them from harming others. The
process established pursuant to this subdivision shall include
training of employees in identifying whether the inmate or arrestee
requires a separate detention area for his or her own safety, privacy
during screening, or some other accommodation, as a result of being
a member of the lesbian, gay, bisexual, transgender, and queer
communities.
   (d) Training employees, volunteers, contractors, visitors, and
other individuals who have contact with inmates or arrestees
regarding the department or the county sheriff's policies and
procedures relating to sexual assault identification and prevention,
and how to report allegations of sexual misconduct.
   (e) Advising all inmates or arrestees regarding the zero-tolerance
policy during an initial intake process.
   (f) For the purposes of this section, "sexual misconduct" means
all incidents of willing or unwilling sexual contact, and all
incidents of sexual activity, including, but not limited to, sexual
intercourse, sodomy, oral copulation, and other forms of sexual
contact. 
   SEC. 2.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to ensure any prison, jail, or detention center
in California owned or contracted by the United States Immigration
and Customs Enforcement protects the civil rights of persons who are
members of the lesbian, gay, bisexual, or transgender community.