Amended in Senate May 31, 2016

Amended in Senate April 6, 2016

Senate Bill No. 1157

Introduced by Senator Mitchell

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(Coauthor: Senator Hancock)

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(Coauthors: Senators Cannella, Hancock, and Leno)

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(Coauthor: Assembly Member Weber)

February 18, 2016

An act to add Section 4032 to the Penal Code, and to add Sections 210.05 and 885.5 to the Welfare and Institutions Code, relating to incarcerated persons.

LEGISLATIVE COUNSEL’S DIGEST

SB 1157, as amended, Mitchell. Incarcerated persons: visitation.

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 begin delete the end delete begin insert a end insert 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.

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

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

SEC. 2.  

Section 4032 is added to the Penal Code, to read:

4032.  

(a) A local detention facility begin delete shall not end delete begin insert that elects to end insert
utilize video or other types of electronic begin delete visitation to replace
in-person visitation. end delete

begin delete (b) end delete begin delete   end delete begin delete A local detention facility shall also end delete begin insert visitation shall end insert 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.

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(c)

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begin insert (b) end insert  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 begin delete the end delete begin insert a end insert 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.

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(d)

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begin insert (c) end insert  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, begin delete the same amount of in-person
visitation required by paragraph (1) of subdivision (b) for a Type
II facility. end delete begin insert no fewer than two in-person visits totaling at least one
hour per incarcerated person each week. end insert

SEC. 3.  

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

210.05.  

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

begin delete (b) A juvenile hall for the confinement of minors shall also end delete
begin insert visitation shall end insert 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.

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(c)

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begin insert (b) end insert  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.

SEC. 4.  

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

885.5.  

(a) A juvenile ranch, camp, or forestry camp established
under Section 881 begin delete shall not end delete begin insert that elects to end insert utilize video or other
types of electronic begin delete visitation to replace in-person visitation. end delete

begin delete (b) A juvenile ranch, camp, or forestry camp established under
Section 881 shall also end delete begin insert visitation shall end insert 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.

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(c)

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begin insert (b) end insert  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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SEC. 5.  

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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