BILL NUMBER: SB 962 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 17, 2010
AMENDED IN SENATE APRIL 20, 2010
AMENDED IN SENATE MARCH 11, 2010
INTRODUCED BY Senator Liu
FEBRUARY 5, 2010
An act to amend Section 2625 of, and to add and repeal
Section 2626 of Section 2626 to , the Penal Code,
relating to prisoners.
LEGISLATIVE COUNSEL'S DIGEST
SB 962, as amended, Liu. Prisoners: adjudication of parental
rights: participation.
Existing law requires notice of, and the opportunity for an
incarcerated parent to be physically present in, proceedings
terminating his or her parental rights or seeking to adjudicate the
child of a prisoner a dependent child of the court. These proceedings
may not be adjudicated without the physical presence of the parent
unless the court receives a knowing waiver from the parent of his or
her right to be physically present at the proceedings, or an
affidavit signed by a person in charge of the incarcerating
institution that the prisoner does not intend to appear at the
proceeding.
Existing law provides that, for all other kinds of actions not
specified above in which an incarcerated parent's legal rights are
adjudicated, the court may order the physical presence of the parent
at the proceeding.
This bill would provide that an incarcerated parent who has either
waived the right to be physically present at the proceeding or who
has not been ordered by the court to be present at the proceeding may
be given the opportunity, at the discretion of the court, to
participate in the proceeding by videoconference or teleconference,
if that technology is available, as long as the parent's
participation otherwise complies with the law.
This bill would provide that a prisoner may only lose job
placement opportunities, be removed from a court-ordered course, or
be denied earned privileges if the prisoner's participation in the
proceedings causes the prisoner to be absent from the custodial
institution for more than 10 days.
This bill would state the intent of the Legislature to preserve
internal job placement opportunities and earned privileges of
prisoners, and to prevent the removal of prisoners from court-ordered
courses, as a result of participation in child dependency
proceedings.
This bill would permit the Department of Corrections and
Rehabilitation to accept donated materials and services related
to videoconferencing and teleconferencing in order to implement
a pilot program , at a prison to be
determined by the department, to facilitate the participation
of incarcerated parents in dependency court hearings. The
bill would require the donors of materials and services that support
the pilot program to report to the Legislature within 2 years after
the pilot program is initiated, as provided. The bill would repeal
the pilot program provisions on January 1, 2014. The
bill would specify that the implementation of the program is
contingent upon the receipt of sufficient donations of materials and
services by the department.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2625 of the Penal Code is amended to read:
2625. (a) For the purposes of this section only, the term
"prisoner" includes any individual in custody in a state prison, the
California Rehabilitation Center, or a county jail, or who is a ward
of the Department of the Youth Authority or who, upon a verdict or
finding that the individual was insane at the time of committing an
offense, or mentally incompetent to be tried or adjudged to
punishment, is confined in a state hospital for the care and
treatment of the mentally disordered or in any other public or
private treatment facility.
(b) In any proceeding brought under Part 4 (commencing with
Section 7800) of Division 12 of the Family Code, and Section 366.26
of the Welfare and Institutions Code, where the proceeding seeks to
terminate the parental rights of any prisoner, or any proceeding
brought under Section 300 of the Welfare and Institutions Code, where
the proceeding seeks to adjudicate the child of a prisoner a
dependent child of the court, the superior court of the county in
which the proceeding is pending, or a judge thereof, shall order
notice of any court proceeding regarding the proceeding transmitted
to the prisoner.
(c) Service of notice shall be made pursuant to Section 7881 or
7882 of the Family Code or Section 290.2, 291, or 294 of the Welfare
and Institutions Code, as appropriate.
(d) Upon receipt by the court of a statement from the prisoner or
his or her attorney indicating the prisoner's desire to be present
during the court's proceedings, the court shall issue an order for
the temporary removal of the prisoner from the institution, and for
the prisoner's production before the court. No proceeding may be held
under Part 4 (commencing with Section 7800) of Division 12 of the
Family Code or Section 366.26 of the Welfare and Institutions Code
and no petition to adjudge the child of a prisoner a dependent child
of the court pursuant to subdivision (a), (b), (c), (d), (e), (f),
(i), or (j) of Section 300 of the Welfare and Institutions Code may
be adjudicated without the physical presence of the prisoner or the
prisoner's attorney, unless the court has before it a knowing waiver
of the right of physical presence signed by the prisoner or an
affidavit signed by the warden, superintendent, or other person in
charge of the institution, or his or her designated representative
stating that the prisoner has, by express statement or action,
indicated an intent not to appear at the proceeding.
(e) In any other action or proceeding in which a prisoner's
parental or marital rights are subject to adjudication, an order for
the prisoner's temporary removal from the institution and for the
prisoner's production before the court may be made by the superior
court of the county in which the action or proceeding is pending, or
by a judge thereof. A copy of the order shall be transmitted to the
warden, superintendent, or other person in charge of the institution
not less than 15 days before the order is to be executed. The order
shall be executed by the sheriff of the county in which it shall be
made, whose duty it shall be to bring the prisoner before the proper
court, to keep the prisoner safely, and when the prisoner's presence
is no longer required, to return the prisoner to the institution from
which he or she was taken. The expense of executing the order shall
be a proper charge against, and shall be paid by, the county in which
the order shall be made.
The order shall be to the following effect:
County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that (name of prisoner)
be produced in this court as a party in the case of ____, you are
commanded to deliver (name of prisoner) into the custody of ____ for
the purpose of (recite purposes).
Dated this ____ day of ____, 20__.
(f) When a prisoner is removed from the institution pursuant to
this section, the prisoner shall remain in the constructive custody
of the warden, superintendent, or other person in charge of the
institution.
(g) A prisoner who is a parent of a child involved in a dependency
hearing described in this section and who has either waived his or
her right to physical presence at the hearing pursuant to subdivision
(d) or who has not been ordered before the court may, at the court's
discretion, in order to facilitate the parent's participation, be
given the opportunity to participate in the hearing by
videoconference, if that technology is available, and if that
participation otherwise complies with the law. If videoconferencing
technology is not available, teleconferencing may be utilized to
facilitate parental participation. Because of the significance of
dependency court hearings for parental rights and children's
long-term care, physical attendance by the parent at the hearings is
preferred to participation by videoconference or teleconference. This
subdivision shall not be construed to limit a prisoner's right to
physically attend a dependency hearing as provided in this section.
This section does not authorize the use of videoconference or
teleconference to replace in-person family visits with prisoners.
(h) A prisoner subject to this section shall not lose internal job
placement opportunities, be removed from a court-ordered course, or
be denied any earned privileges as a result of his or her
participation in the proceedings described in this section, whether
in person or by videoconference or teleconference, unless the
prisoner is absent from the institution for this purpose for more
than 10 days.
(h) It is the intent of the Legislature to maintain internal job
placement opportunities and preserve earned privileges for prisoners,
and prevent the removal of prisoners subject to this section from
court-ordered courses as a result of their participation in the
proceedings described in this section.
(i) Notwithstanding any other law, a court may not order the
removal and production of a prisoner sentenced to death, whether or
not that sentence is being appealed, in any action or proceeding in
which the prisoner's parental rights are subject to adjudication.
SEC. 2. Section 2626 is added to the Penal Code, to read:
2626. (a) The Department of Corrections and Rehabilitation is
authorized to accept donated materials and services related to
videoconferencing and teleconferencing in order to implement a
pilot project program, at a prison to be
determined by the department, to facilitate the participation
of incarcerated parents in dependency court hearings regarding their
children. The donors of materials and services that support
the pilot program shall, within two years after the pilot program is
initiated, make a report to the Legislature regarding the program and
provide any data collected pursuant to the program.
(b) The report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(b) The implementation of this program is contingent upon the
receipt of sufficient donations of materials and services by the
department.