Amended in Senate April 6, 2016

Senate Bill No. 1157

Introduced by Senator Mitchell

(Coauthor: Senator Hancock)

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(Coauthor: Assembly Member Weber)

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February 18, 2016

An act to begin delete amend Sections 4025 and 6030 of end delete begin insert add Section 4032 to end insert the Penal Code, and to begin delete amend end delete begin insert add end insert Sections begin delete 210 and 885 of end delete begin insert 210.05 and 885.5 to end insert the Welfare and Institutions Code, relating to begin delete inmates. end delete begin insert incarcerated persons. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1157, as amended, Mitchell. begin delete Inmates: end delete begin insert Incarcerated persons: end insert visitation.

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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 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.

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This bill would prohibit a local correctional facility, as defined, a juvenile hall for the confinement of minors, and a juvenile ranch, camp, or forestry camp from utilizing video or other types of electronic visitation to replace in-person visitation. The bill would require 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.

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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.

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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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(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.

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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.

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(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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. 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:

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.

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SEC. 2.  

Section 4025 of the Penal Code is amended to read:

4025.  

(a) The sheriff of each county may establish, maintain,
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
communications company or communications provider when the
money, refund, rebate, or commission is attributable to the use of
pay telephones or video visitation equipment 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.

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

(h) 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’ of California, and other interested persons.

(6) For visitation:

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.

SEC. 4.  

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

210.  

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

(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.

SEC. 5.  

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

885.  

(a) The Board of State and Community 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. The board shall review those
standards biennially and make appropriate revisions.

(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.

(c) The board 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.

(d) 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.

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begin insert SEC. 2. end insert   

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begin insert Section 4032 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

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begin insert 4032. end insert   

(a) A local detention facility shall not utilize video or
other types of electronic visitation to replace in-person visitation.

(b) A local detention facility shall also 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) 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 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) 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.

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begin insert SEC. 3. end insert   

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begin insert Section 210.05 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

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begin insert 210.05. end insert   

(a) A juvenile hall for the confinement of minors shall
not utilize video or other types of electronic visitation to replace
in-person visitation.

(b) A juvenile hall for the confinement of minors shall also
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) 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.

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begin insert SEC. 4. end insert   

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begin insert Section 885.5 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

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begin insert 885.5. end insert   

(a) A juvenile ranch, camp, or forestry camp established
under Section 881 shall not 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 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) 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.

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begin insert SEC. 5. 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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