BILL ANALYSIS Ó
SB 1157
Page 1
SENATE THIRD READING
SB
1157 (Mitchell)
As Amended May 31, 2016
Majority vote
SENATE VOTE: 32-6
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
| | | | |
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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