BILL ANALYSIS Ó SB 1157 Page 1 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: SB 1157 Page 2 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, SB 1157 Page 3 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 SB 1157 Page 4 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, SB 1157 Page 5 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 SB 1157 Page 6 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: SB 1157 Page 7 "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 SB 1157 Page 8 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) SB 1157 Page 9 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 SB 1157 Page 10 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 SB 1157 Page 11 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 SB 1157 Page 12 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 SB 1157 Page 13 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 SB 1157 Page 14 Analysis Prepared by:Stella Choe / PUB. S. / (916) 319-3744