Amended in Senate April 1, 2013

Senate Bill No. 716

Introduced by Senator Lara

February 22, 2013

An act begin delete relating to immigration. end delete begin insert to add Section 2636.5 to the Penal Code, relating to inmates. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 716, as amended, Lara. begin delete Immigration detainees: civil rights. end delete begin insert Inmates: civil rights. end insert

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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.

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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.

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Because this bill would require a higher level of service from county jails, it would create a state-mandated local program.

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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.

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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.

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Under the United States Constitution, the federal government has the power to regulate immigration.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 2636.5 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 2636.5. end insert   

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.

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begin insert SEC. 2. end insert   

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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.

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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.

end delete