Senate Bill No. 1157

Introduced by Senator Mitchell

(Coauthor: Senator Hancock)

February 18, 2016

An act to amend Sections 4025 and 6030 of the Penal Code, and to amend Sections 210 and 885 of the Welfare and Institutions Code, relating to inmates.

LEGISLATIVE COUNSEL’S DIGEST

SB 1157, as introduced, Mitchell. Inmates: visitation.

(1) Existing law requires any money, refund, rebate, or commission received from a telephone company or pay telephone provider when the money, refund, rebate, or commission is attributable to the use of pay telephones that are primarily used by inmates while incarcerated to be placed in the inmate welfare fund in a county treasury, to be expended for the benefit, education, and welfare of the inmates confined within the jail.

This bill would also require money, refunds, rebates, and commissions from communication companies that are attributable to the use of video visitation equipment primarily used by inmates while incarcerated to be deposited in the inmate welfare fund.

(2) Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, juvenile ranches, camps, forestry camps, and juvenile halls.

This bill would require the minimum standards to include requirements that prohibit video or other types of electronic visitation from replacing in-person visits. The bill would also require the board to review the minimum standards for juvenile ranches, camps, forestry camps, and juvenile halls biennially and to make appropriate revisions.

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.  

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 4025 of the Penal Code is amended to read:

4025.  

(a) The sheriff of each county may establish, begin delete maintain end delete
begin insert maintain, end insert and operate a store in connection with the county jail
and for this purpose may purchase confectionery, tobacco and
tobacco users’ supplies, postage and writing materials, and toilet
articles and supplies and sell these goods, articles, and supplies
for cash to inmates in the jail.

(b) The sale prices of the articles offered for sale at the store
shall be fixed by the sheriff. Any profit shall be deposited in an
inmate welfare fund to be kept in the treasury of the county.

(c) There shall also be deposited in the inmate welfare fund 10
percent of all gross sales of inmate hobbycraft.

(d) There shall be deposited in the inmate welfare fund any
money, refund, rebate, or commission received from a begin delete telephone end delete
begin insert communications end insert company or begin delete pay telephone end delete begin insert communications end insert
provider when the money, refund, rebate, or commission is
attributable to the use of pay telephones begin delete which are end delete begin insert or video
visitation equipment end insert primarily used by inmates while incarcerated.

(e) The money and property deposited in the inmate welfare
fund shall be expended by the sheriff primarily for the benefit,
education, and welfare of the inmates confined within the jail. Any
funds that are not needed for the welfare of the inmates may be
expended for the maintenance of county jail facilities. Maintenance
of county jail facilities may include, but is not limited to, the salary
and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs deemed
appropriate by the sheriff. Inmate welfare funds shall not be used
to pay required county expenses of confining inmates in a local
detention system, such as meals, clothing, housing, or medical
services or expenses, except that inmate welfare funds may be
used to augment those required county expenses as determined by
the sheriff to be in the best interests of inmates. An itemized report
of these expenditures shall be submitted annually to the board of
supervisors.

(f) The operation of a store within any other county adult
detention facility which is not under the jurisdiction of the sheriff
shall be governed by the provisions of this section, except that the
board of supervisors shall designate the proper county official to
exercise the duties otherwise allocated in this section to the sheriff.

(g) The operation of a store within any city adult detention
facility shall be governed by the provisions of this section, except
that city officials shall assume the respective duties otherwise
outlined in this section for county officials.

(h) The treasurer may, pursuant to Article 1 (commencing with
Section 53600), or Article 2 (commencing with Section 53630) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government
Code, deposit, invest, or reinvest any part of the inmate welfare
fund, in excess of that which the treasurer deems necessary for
immediate use. The interest or increment accruing on these funds
shall be deposited in the inmate welfare fund.

(i) The sheriff may expend money from the inmate welfare fund
to provide indigent inmates, prior to release from the county jail
or any other adult detention facility under the jurisdiction of the
sheriff, with essential clothing and transportation expenses within
the county or, at the discretion of the sheriff, transportation to the
inmate’s county of residence, if the county is within the state or
within 500 miles from the county of incarceration. This subdivision
does not authorize expenditure of money from the inmate welfare
fund for the transfer of any inmate to the custody of any other law
enforcement official or jurisdiction.

SEC. 3.  

Section 6030 of the Penal Code is amended to read:

6030.  

(a) The Board of State and Community Corrections shall
establish minimum standards for local correctional facilities. The
board shall review those standards biennially and make any
appropriate revisions.

(b) The standards shall include, but not be limited to, the
following areas: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in local correctional facilities, and personnel training.

(c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.

(d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.

(e) The standards shall require that inmates who are received
by the facility while they are pregnant be notified, orally or in
writing, of and provided all of the following:

(1) A balanced, nutritious diet approved by a doctor.

(2) Prenatal and post partum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.

(3) Information pertaining to childbirth education and infant
care.

(4) A dental cleaning while in a state facility.

(f) The standards shall provide that a woman known to be
pregnant or in recovery after delivery shall not be restrained, except
as provided in Section 3407. The board shall develop standards
regarding the restraint of pregnant women at the next biennial
review of the standards after the enactment of the act amending
this subdivision and shall review the individual facility’s
compliance with the standards.

begin insert

(g) The standards shall also include requirements related to
visitation that prohibit video or other types of electronic visitation
from replacing in-person visits.

end insert begin delete

(g)

end delete

begin insert (h) end insert  In establishing minimum standards, the board shall seek the
advice of the following:

(1) For health and sanitary conditions:

The State Department of Public Health, physicians, psychiatrists,
local public health officials, and other interested persons.

(2) For fire and life safety:

The State Fire Marshal, local fire officials, and other interested
persons.

(3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:

The Department of Corrections and Rehabilitation, state and
local juvenile justice commissions, state and local correctional
officials, experts in criminology and penology, and other interested
persons.

(4) For personnel training:

The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department
of Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.

(5) For female inmates and pregnant inmates in local adult and
juvenile facilities:

The California State Sheriffs’ Association and Chief Probation
Officers’ begin delete Association end delete of California, and other interested persons.

begin insert

(6) For visitation:

end insert begin insert

The California State Sheriffs’ Association, organizations working
directly with people who are incarcerated, organizations working
directly with, or that are operated by, family members of people
who are incarcerated, and other interested persons.

end insert

SEC. 4.  

Section 210 of the Welfare and Institutions Code is
amended to read:

210.  

begin insert (a) end insert begin insert   end insert The Board of begin insert State and Community end insert Corrections shall
adopt minimum standards for the operation and maintenance of
juvenile halls for the confinement of minors. begin insert The board shall
review those standards biennially and make appropriate revisions. end insert

begin insert

(b) The standards adopted pursuant to subdivision (a) shall
include requirements that prohibit video or other types of electronic
visitation from replacing in-person visits.

end insert

SEC. 5.  

Section 885 of the Welfare and Institutions Code is
amended to read:

885.  

(a) The Board of begin insert State and Community end insert Corrections shall
adopt and prescribe the minimum standards of construction,
operation, programs of education and training, and qualifications
of personnel for juvenile ranches, camps, or forestry camps
established under Section 881. begin insert The board shall review those
standards biennially and make appropriate revisions. end insert

begin insert

(b) The standards adopted pursuant to subdivision (a) shall
also include requirements that prohibit video or other types of
electronic visitation from replacing in-person visits.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The begin delete Board of Corrections end delete begin insert board end insert shall conduct a biennial
inspection of each juvenile ranch, camp, or forestry camp situated
in this state that, during the preceding calendar year, was used for
confinement of any minor for more than 24 hours.

begin delete

(c)

end delete

begin insert (d) end insert  The custodian of each juvenile ranch, camp, or forestry camp
shall make any reports that may be required by the board to
effectuate the purposes of this section.