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  








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            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  








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               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.









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          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  








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          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