Amended in Assembly August 19, 2016

Amended in Senate May 31, 2016

Amended in Senate April 6, 2016

Senate Bill No. 1157

Introduced by Senator Mitchell

(Coauthors: Senators begin delete Cannella, Hancock, end delete begin insert Hancock end insert and Leno)

(Coauthor: Assembly Member Weber)

February 18, 2016

An act to add Section 4032 to the Penal begin delete Code, and to add Sections 210.05 and 885.5 to the Welfare and Institutions end delete 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 a county jail upon a criminal conviction. begin delete 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. end delete begin insert Existing regulations of the Board of State and Community Corrections specify the number of visits that inmates held in certain types of correctional facilities are required to be provided. end insert

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This bill would require a local correctional facility, as defined, a juvenile hall for the confinement of minors, and a juvenile ranch, camp, or forestry camp that elects to utilize video or other types of electronic visitation to provide 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.

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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.

end delete begin insert

This bill would require a local detention facility, as defined, that elects to utilize video or other types of electronic devices for inmate visitations to also provide an inmate with in-person visitation that meets or surpasses the minimum number of weekly visits required by those regulations for a person detained in the facility. If a local detention facility does not have existing space available for in-person visitation, the bill would require the facility to comply no later than January 1, 2022.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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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The Legislature finds and declares all of the
following:

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(a) In 2011, the State of California passed historic legislation
to reduce recidivism in the state prison system by supervising
people with low-level convictions at the local level, closer to their
communities. To support realignment efforts, the state has provided
approximately $2.5 billion in funding for local jail construction
projects, including:

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(1) One billion two hundred million dollars ($1,200,000,000)
in funding for local jail construction projects authorized by
Chapter 7 of the Statutes of 2007. In two phases of the program,
21 counties received awards. When all construction is completed,
over 9,000 jail beds will have been added.

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(2) Five hundred million dollars ($500,000,000) in funding for
local jails authorized by Chapter 42 of the Statutes of 2012. The
Board of State and Community Corrections (BSCC) awarded 14
counties funding. The program specified that counties seeking to
replace or upgrade outdated facilities and provide alternatives to
incarceration, including mental health and substance use disorder
treatment, would be considered.

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(3) An additional $500 million for local jails authorized by
Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties
funding. This funding was primarily available for improving
existing capacity and treatment and programming space.

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(4) An additional $250 million for local jails and an additional
$20 million specifically for Napa County authorized by Chapter
34 of the Statutes of 2016. The funding was limited to those
counties that had not been fully funded through previous grants.
In addition, a facility constructed or renovated with program
funding is required to include space for in-person visitation and
a county applying for financing is required to submit a description
of efforts to address sexual abuse in its jails.

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(b) While a number of the counties that were awarded funding
under the programs described in paragraphs (1), (2), and (3) of
subdivision (a) are offering in-person visitation, there are several
that have banned, or are considering banning, in-person visitation
and instead offering only video visitation.

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(c) Experts have found “that prison visitation can significantly
improve the transition incarcerated people make from the
institution to the community.” Just one visit “reduced the risk of
recidivism by 13 percent for felony reconvictions and 25 percent
for technical violation revocations.” “[M]ore frequent and recent
visits were associated with a decreased risk of recidivism,” and
“the more sources of social support an incarcerated person has,
the lower the risk of recidivism.”

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(d) Experts have additionally found that video “[v]isiting cannot
replicate seeing someone in-person, and it is critical for a young
child to visit his or her incarcerated parent in person to establish
a secure attachment.”

end insert begin insert

(e) For purposes of updating and promulgating regulations,
the BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation
Revision Executive Steering Committee (ESC). The ESC, which is
responsible for regulations relating to visitation, requested that
one of its working groups discuss the current visitation regulations
as they relate to video visitation. Despite expert findings, the BSCC
working group on visitation, which was comprised of only law
enforcement representatives, stated, in part: “The workgroup
engaged in a lengthy discussion regarding video visitation versus
in-person visits. Several members of the group reported that their
county is planning or building new facilities with space for video
visiting only (no space for in-person visits).”

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(f) Chapter 15 of the Statutes of 2011, the public safety
realignment legislation, included the following legislative findings:
“Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run,
community-based corrections programs which are strengthened
through community-based punishment, evidence-based practices,
improved supervision strategies, and enhanced secured capacity,
will improve public safety outcomes among adult felons and
facilitate their reintegration back into society.”

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(g) Due to the enactment of realignment legislation, more people
are serving lengthy jail sentences for felony convictions, often
years and, in some cases, decades.

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(h) California’s criminal justice realignment will be
strengthened by ensuring that incarcerated people at the local
level have contact with, and build meaningful connections with,
friends and family in their communities. With these connections,
incarcerated people will be better prepared to successfully
reintegrate into and contribute to society.

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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 that elects to utilize video
or other types of electronic devices for inmate visitations shall
also provide inmates with in-person visitation that meets or
surpasses the minimum number of weekly visits required by
regulations of the Board of State and Community Corrections for
persons detained in the facility. For purposes of this section, “local
detention facility” has the same meaning as defined in Section
6031.4.

(b) Notwithstanding subdivision (a), a local detention facility
that elects to utilize video or other types of electronic devices for
inmate visitations and does not have existing space available for
in-person visitation shall provide visitation in accordance with
subdivision (a) no later than January 1, 2022.

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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 that elects to utilize video
or other types of electronic visitation shall 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.

(b) 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 a 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.

(c) 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, no fewer than two in-person
visits totaling at least one hour per incarcerated person each week.

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 that
elects to utilize video or other types of electronic visitation shall
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.

(b) 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 that elects to utilize video or other types of
electronic visitation shall 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.

(b) 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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