BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1157 (Mitchell) - Incarcerated persons: visitation
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|Version: April 6, 2016 |Policy Vote: PUB. S. 5 - 1 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 27, 2016 |Consultant: Jolie Onodera |
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Bill
Summary: SB 1157 would prohibit local correctional facilities
and juvenile facilities from replacing in-person visits with
video or other types of electronic visitation, as specified.
This bill would specify the minimum number and duration of
in-person visits to be provided at these facilities. This bill
would prohibit, on or after January 1, 2017, a local entity from
entering into, renewing, extending, or amending a contract with
a private prison corporation that does not provide at least two
in-person visits totaling at least one hour per detainee each
week at local detention facilities.
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal
Impact:
Prohibition from video visitation replacing in-person
SB 1157 (Mitchell) Page 1 of
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visitation : Potentially significant to major one-time costs
for the few local facilities that have replaced in-person
visitation with visitation by video and require capital
improvements and incur increased operational costs to adhere
to the in-person visitation requirements in the bill. While
the bill does not impose a mandate on local agencies, staff
notes any increase in overall costs to local jails could
potentially be subject to the provisions of Proposition 30* in
lieu of mandate reimbursement.
In-person visits : Potentially significant ongoing costs.
Existing statute does not specifically mandate visits for all
detainees, but rather regulations require local facilities to
develop policies to allow for visits as space and personnel
allow, and specifies the number and duration of visits in
Types I-IV facilities. While the bill does not impose a
mandate on local agencies, staff notes any increase in overall
costs to local jails could potentially be subject to the
provisions of Proposition 30* in lieu of mandate
reimbursement.
*Proposition 30 (2012) : Exempts the State from mandate
reimbursement for realigned responsibilities for "public
safety services" including the managing of local jails and the
provision of services and supervision of juvenile and adult
offenders. However, legislation enacted after September 30,
2012, that has an overall effect of increasing the costs
already borne by a local agency for public safety services
apply to local agencies only to the extent that the State
provides annual funding for the cost increase. The provisions
of Proposition 30 have not been interpreted through the formal
court process to date, however, to the extent the local agency
costs resulting from this measure are determined to be
applicable under the provisions of Proposition 30, local
agencies would not be obligated to provide the level of
service required by the bill above the level for which funding
is provided by the State.
Author
Amendments: Remove the direct mandate imposed on local
facilities, as follows, with conforming amendments to Sections 3
and 4 of the bill:
Penal Code § 4032.
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(a) A local detention facility shall not that elects to 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
SB 1157 (Mitchell) Page 3 of
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furlough, education furlough, or other programs involving
incarcerated person access into the community.
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