BILL ANALYSIS Ó SB 1157 Page 1 SENATE THIRD READING SB 1157 (Mitchell) As Amended May 31, 2016 Majority vote SENATE VOTE: 32-6 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 SB 1157 Page 2 with the following: 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 SB 1157 Page 3 of two hours per week; and, c) In-person visits may be supervised, but conversations shall not be monitored unless there is a security or safety need. 4)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. 2)Requires 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. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. SB 1157 Page 4 COMMENTS: 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, 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 SB 1157 Page 5 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." Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0003500