BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1157


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          Date of Hearing:  June 21, 2016


          Counsel:               Stella Choe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          1157 (Mitchell) - As Amended May 31, 2016





          SUMMARY:  Prohibits local correctional facilities and juvenile  
          facilities from replacing in-person visits with video or other  
          types of electronic visitation, as specified.  Specifically,  
          this bill:  



          1)States that a  local detention facility that elects to utilize  
            video or other types of electronic visitation shall comply  
            with the following:









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             a)   Sentenced incarcerated persons in a Type I facility, as  
               defined, and all incarcerated persons in a Type II  
               facility, as defined, shall be allowed no fewer than two  
               in-person visits totaling at least one hour per  
               incarcerated person each week.

             b)   Incarcerated persons in a Type III facility, as defined,  
               or a Type IV facility, as defined, shall be allowed no  
               fewer than one in-person visit totaling at least one hour  
               per incarcerated person each week.



          2)Prohibits, on or after January 1, 2017, 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, no fewer than two in-person visits  
            totaling at least one hour per incarcerated person each week.

          3)Provides that a juvenile facility, including juvenile hall,  
            camp, ranch, or forestry camp that elects to utilize video or  
            other types of electronic visitation shall comply with all of  
            the following with respect to in-person visitation:



             a)   Incarcerated minors shall be allowed to receive  
               in-person visits by parents, guardians, or persons standing  
               in loco parentis (in place of the parent), at reasonable  
               times, subject only to the limitations necessary to  
               maintain order and security;

             b)   Opportunity for in-person visitation shall be a minimum  
               of two hours per week; and,











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             c)   In-person visits may be supervised, but conversations  
               shall not be monitored unless there is a security or safety  
               need.



          4)States the finding of the Legislature 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 (BSCC)  
            to issue regulations with regards to visitation. 

          5)Provides that it is the intent of the Legislature to  
            strengthen family connections by facilitating in-person  
            visitation.





          EXISTING LAW:



          1)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. (Pen. Code, § 4001.)



          2)Requires a correctional facility administrator to develop  








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            written policies and procedures for inmate visiting which  
            provides for as many visits and visitors as facility  
            schedules, space, and number of personnel will allow. For  
            sentenced inmates in Type I facilities and all inmates in Type  
            II facilities there shall be allowed no fewer than two visits  
            totaling at least one hour per inmate each week. In Type III  
            and Type IV facilities there shall be allowed one or more  
            visits, totaling at least one hour, per week.  (15 Cal. Code  
            Regs. § 1062.)



          FISCAL EFFECT:  Unknown.





          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 1157 will  
            prohibit California jails from eliminating in-person  
            visitation rights by clarifying that video technology cannot  
            be used to replace in-person visits. At least eleven counties  
            in California have eliminated, plan to eliminate, or severely  
            restrict in-person visitation in at least one of their jails. 

            "Since the implementation of public safety realignment in  
            California, more people are serving time in county jails and  
            for longer periods of time than ever before.  Eliminating  
            in-person visitation has a drastic and negative impact on  
            families, particularly for children.  

            "A 2014 Department of Justice report found that when a person  
            is incarcerated, even for a short period of time, family  
            contact and in-person visits are crucial to maintaining family  
            stability, reducing disciplinary infractions and violence,  








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            reducing recidivism, increasing the chances of obtaining  
            employment post-release, and facilitating successful re-entry.  
            One study found that even a single visit reduces recidivism by  
            13% for new crimes.  Video visitation can be an extremely  
            positive supplement to in-person visitation, particularly when  
            people are imprisoned far from their families and networks of  
            support.

            "What SB 1157 does not do is prevent sheriffs' departments  
            from adopting video visitation. SB 1157 simply makes it clear  
            that 'video visitations are not a replacement for  
            opportunities for in person contact.' 

            "This bill clarifies that California county jails, juvenile  
            facilities, and private facilities cannot replace in-person  
            visitation with video visitation.  This is important as remote  
            video visits are cost-prohibitive for many families, and many  
            low-income families do not have access to computers or  
            high-speed internet.  And in facilities that have already  
            replaced in-person visitation with video visitation, families  
            who cannot afford video visitations from home, are left with  
            one option: travel to the correctional facility and 'visit'  
            with their loved one at no cost from video kiosks in the  
            lobby.  

            "Without passage of SB 1157, more California families will be  
            unable to see their loved ones while incarcerated."

          2)Background: According to the background materials provided by  
            the author, "Since the implementation of public safety  
            realignment, more people are serving time in county jails and  
            for longer period of time than ever before. Eliminating  
            in-person visitation would have a drastic and negative impact  
            on families, particularly children, the wellbeing of  
            incarcerated people, and the institutional environment. 

            "At least five California counties (Kings, Napa, San  
            Bernardino, San Diego, and Solano) have eliminated in-person  
            visitation in at least one of their jails, meaning families  








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            there can only see their loved ones through a computer screen.

            "Two counties (Imperial and Placer) have severely restricted  
            in person visitation since adopting video visits. 

            "Three additional counties (Orange, San Mateo, and Tulare)  
            intend to renovate or build new facilities that have no space  
            for in-person visits. Families with loved ones in these  
            facilities will only be able to see their loved ones through a  
            computer screen.

            "At least six other California counties (Butte, Los Angeles,  
            Mendocino, Plumas, Riverside and San Luis Obispo) use video  
            visits in at least one of their jails and at least seven other  
            counties (Merced, Sacramento, San Joaquin, Santa Barbara,  
            Santa Cruz, Sutter, and Yolo) plan to adopt a video visitation  
            system."
            
          3)Regulations on Visitation:  Existing regulations require a  
            correctional facility administrator to develop written  
            policies and procedures for inmate visiting which provides for  
            as many visits and visitors as facility schedules, space, and  
            number of personnel will allow. For sentenced inmates in Type  
            I facilities and all inmates in Type II facilities there shall  
            be allowed no fewer than two visits totaling at least one hour  
            per inmate each week. In Type III and Type IV facilities there  
            shall be allowed one or more visits, totaling at least one  
            hour, per week.  (15 Cal. Code Regs. § 1062.)

          For purposes of updating and promulgating regulations, the BSCC  
            utilizes the 2015 Adult Titles 15 and 24 Regulation Revision  
            Executive Steering Committee (ESC).  This 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. On March 30,  
            2016, the ESC adopted the working group's recommendation not  
            require in-person visitation and to, instead, provide one free  
            hour of visitation, whether it be in-person or via video.  The  
            justification offered for these changes was: 








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            "As currently written, the second sentence of the regulation  
            does not provide sufficient flexibility to facility operators  
            because it seems to require visits on two separate days  
            totaling one hour. Removing 'facilities there shall be allowed  
            no fewer than two visits totaling at least one hour per inmate  
            each week' in the second sentence clarifies that the required  
            visitation time of one hour may be provided in two half-hour  
            visiting periods or one one-hour period. 

            "Subsection (d) was added because some facilities use video  
            visitation in lieu of the in-person visits between the inmate  
            and family and friends. If providers of video visitation  
            charge for the mandated one-hour of visitation, it could be a  
            fiscal hardship to the inmate, family and friends." (Programs  
            and Services Worksheets For ESC Review (March 30,2016)  
            http://www.bscc.ca.gov/downloads/Programs%20and%20Services%20Wo 
            rksheets%20For%20ESC%20Review.pdf.)

            The recommendation of the ESC has been sent to the BSCC for a  
            final decision. This Committee has been informed that BSCC is  
            awaiting the result of this bill before deciding whether to  
            adopt the ESC's proposed change.

          4)Argument in Support:  According to the Los Angeles County  
            Board of Supervisors, "SB 1157 would require that local  
            correctional facilities that provide for video visitation also  
            provide for in-person visitation.

            "The Los Angeles County Public Defender supports the  
            opportunity for in-person visitation for their clients who are  
            in custody, because many inmates could miss out on the  
            positive benefits that in-person visits with loved ones  
            provides.  The County's Department of Mental Health (DMH)  
            reports that in-person visits with family members are  
            therapeutic for inmates.  DMH also notes that for those  
            inmates who are unable to have in-person visits with their  
            family members or friends, an alternate visitation, such as  
            video conferencing, would provide therapeutic benefits.  These  








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            benefits are generally in line with the County's goals to  
            reduce recidivism and to improve reentry opportunities."

          5)Argument in Opposition:  According to San Bernardino County  
            Sheriff's Department, "San Bernardino County Sheriff's High  
            Desert Detention Center was designed to us video visitation  
            exclusively.  The design of the facility prevents in-person  
            visits without major reconstruction as there is no way for  
            visitors to access the secured areas of the facility.  This  
            reconstruction, if mandated, would likely be in the tens of  
            millions of dollars to accommodate in-person visits.   
            Moreover, our most recent addition did not account for  
            in-person visits; we use video visiting that does not require  
            the inmate to leave his housing unit.  Increase in staff would  
            also be required to control movement of inmates after an  
            in-person visit."



          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          Community Initiatives for Visiting Immigrants in Confinement  
          (Co-Sponsor)


          Community Works - Project WHAT! (Co-Sponsor)
          Ella Baker Center for Human Rights (Co-Sponsor)
          Essie Justice Group (Co-Sponsor)
          Friends Committee on Legislation of California (Co-Sponsor)








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          Legal Services for Prisoners with Children (Co-Sponsor)
          Prison Law Office (Co-Sponsor)
          Women's Foundation of California, Women's Policy Institute  
          (Co-Sponsor)
          Los Angeles County Board of Supervisors 


          Abriendo Puertas - Opening Doors


          Alameda County Board of Supervisors


          American Friends Service Committee


          American Civil Liberties Union of California


          Architects, Designers, Planners for Social Responsibility


          Asian Americans Advancing Justice - California


          BPRNA - Bautistas por la Paz


          California Attorneys for Criminal Justice


          California Catholic Conference 


          California Immigrant Policy Center


          California Public Defenders Association









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          Californians United for a Responsible Budget


          Cares for Youth


          Center on Juvenile and Criminal Justice


          Central American Resource Center


          City and County of San Francisco


          Communities United for Restorative Youth Justice


          Community Coalition


          Drug Policy Alliance 


          Familia:  Trans Queer Liberation Movement


          Fathers and Families of San Joaquin


          Forward Together


          Friends Outside


          Grassroots Leadership









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          Healing Dialogue and Action


          Immigrant Legal Resource Center


          Immigrant Youth Coalition


          Inland Coalition for Immigrant Justice


          Justice for Families


          Justice Not Jails


          Justice Now


          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area


          Legal Services for Prisoners with Children


          Los Angeles Board of Supervisors


          Media Alliance


          Nation Inside


          National Center for Youth Law








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          National Compadres Network


          National Immigration Law Center


          Pacific Juvenile Defender Center


          Pangea Legal Services


          Prison Policy Initiative


          Public Counsel


          Returning Home Foundation


          Root & Rebound


          Rubicon Programs


          Sarah Webster Fabio Center for Social Justice 


          San Francisco Public Defender


          San Francisco Children of Incarcerated Parents


          San Francisco United School District








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          SF Youth Commission


          Sin Barras


          Services, Immigrant Rights, and Education Network


          Starting Over, Inc.


          W. Haywood Burns Institute


          Young Women's Freedom Center





          Opposition


          


          California State Sheriffs' Association


          Madera County Board of Supervisors 


          San Bernardino County Sheriff's Department


          Urban Counties of California








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          Analysis Prepared by:Stella Choe / PUB. S. / (916)  
          319-3744