California Senate Bill SB1157 Amended / Bill

 BILL NUMBER: SB 1157AMENDED BILL TEXT AMENDED IN SENATE APRIL 6, 2016 INTRODUCED BY Senator Mitchell (Coauthor: Senator Hancock)  (   Coauthor:   Assembly Member   Weber   )  FEBRUARY 18, 2016 An act to  amend Sections 4025 and 6030 of   add Section 4032 to  the Penal Code, and to  amend   add  Sections  210 and 885 of   210.05 and 885.5 to  the Welfare and Institutions Code, relating to  inmates.   incarcerated persons.  LEGISLATIVE COUNSEL'S DIGEST SB 1157, as amended, Mitchell.  Inmates:   Incarcerated persons:  visitation.  Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in the county jail upon a criminal conviction. Among other things, existing law 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. Existing law requires every county to provide and maintain a juvenile hall for purposes of providing a suitable house or place for the detention of wards and dependent children of the juvenile court and persons alleged to come within the jurisdiction of the juvenile court. Existing law authorizes a county to, by ordinance, establish juvenile ranches, camps, or forestry camps, within or without the county, to which certain persons made wards of the court may be committed.   This bill would prohibit a local correctional facility, as defined, a juvenile hall for the confinement of minors, and a juvenile ranch, camp, or forestry camp from utilizing video or other types of electronic visitation to replace in-person visitation. The bill would require specified numbers and lengths of in-person visits for incarcerated persons in certain local correctional facilities and for incarcerated minors and minors at the juvenile facilities described above. The bill would also define, among other things, "in-person visit" and "in-person visitation" for these purposes. By increasing the duties of local officials relative to in-person visitations for incarcerated persons in local correctional facilities, the bill would impose a state-mandated local program.   On and after January 1, 2017, the bill would prohibit 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, specified amounts of in-person visitation.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   (1) Existing law requires any money, refund, rebate, or commission received from a telephone company or pay telephone provider when the money, refund, rebate, or commission is attributable to the use of pay telephones that are primarily used by inmates while incarcerated to be placed in the inmate welfare fund in a county treasury, to be expended for the benefit, education, and welfare of the inmates confined within the jail.   This bill would also require money, refunds, rebates, and commissions from communication companies that are attributable to the use of video visitation equipment primarily used by inmates while incarcerated to be deposited in the inmate welfare fund.   (2) Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, juvenile ranches, camps, forestry camps, and juvenile halls.   This bill would require the minimum standards to include requirements that prohibit video or other types of electronic visitation from replacing in-person visits. The bill would also require the board to review the minimum standards for juvenile ranches, camps, forestry camps, and juvenile halls biennially and to make appropriate revisions.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares 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 to issue regulations with regards to visitation. It is the intent of the Legislature to strengthen family connections by facilitating in-person visitation.  SEC. 2.   Section 4025 of the Penal Code is amended to read: 4025. (a) The sheriff of each county may establish, maintain, and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users' supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to inmates in the jail. (b) The sale prices of the articles offered for sale at the store shall be fixed by the sheriff. Any profit shall be deposited in an inmate welfare fund to be kept in the treasury of the county. (c) There shall also be deposited in the inmate welfare fund 10 percent of all gross sales of inmate hobbycraft. (d) There shall be deposited in the inmate welfare fund any money, refund, rebate, or commission received from a communications company or communications provider when the money, refund, rebate, or commission is attributable to the use of pay telephones or video visitation equipment primarily used by inmates while incarcerated. (e) The money and property deposited in the inmate welfare fund shall be expended by the sheriff primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of the inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to, the salary and benefits of personnel used in the programs to benefit the inmates, including, but not limited to, education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the sheriff. Inmate welfare funds shall not be used to pay required county expenses of confining inmates in a local detention system, such as meals, clothing, housing, or medical services or expenses, except that inmate welfare funds may be used to augment those required county expenses as determined by the sheriff to be in the best interests of inmates. An itemized report of these expenditures shall be submitted annually to the board of supervisors. (f) The operation of a store within any other county adult detention facility which is not under the jurisdiction of the sheriff shall be governed by the provisions of this section, except that the board of supervisors shall designate the proper county official to exercise the duties otherwise allocated in this section to the sheriff. (g) The operation of a store within any city adult detention facility shall be governed by the provisions of this section, except that city officials shall assume the respective duties otherwise outlined in this section for county officials. (h) The treasurer may, pursuant to Article 1 (commencing with Section 53600), or Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, deposit, invest, or reinvest any part of the inmate welfare fund, in excess of that which the treasurer deems necessary for immediate use. The interest or increment accruing on these funds shall be deposited in the inmate welfare fund. (i) The sheriff may expend money from the inmate welfare fund to provide indigent inmates, prior to release from the county jail or any other adult detention facility under the jurisdiction of the sheriff, with essential clothing and transportation expenses within the county or, at the discretion of the sheriff, transportation to the inmate's county of residence, if the county is within the state or within 500 miles from the county of incarceration. This subdivision does not authorize expenditure of money from the inmate welfare fund for the transfer of any inmate to the custody of any other law enforcement official or jurisdiction.   SEC. 3.   Section 6030 of the Penal Code is amended to read: 6030. (a) The Board of State and Community Corrections shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make any appropriate revisions. (b) The standards shall include, but not be limited to, the following areas: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in local correctional facilities, and personnel training. (c) The standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures. (d) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging, and dispensing of drugs. (e) The standards shall require that inmates who are received by the facility while they are pregnant be notified, orally or in writing, of and provided all of the following: (1) A balanced, nutritious diet approved by a doctor. (2) Prenatal and post partum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor. (3) Information pertaining to childbirth education and infant care. (4) A dental cleaning while in a state facility. (f) The standards shall provide that a woman known to be pregnant or in recovery after delivery shall not be restrained, except as provided in Section 3407. The board shall develop standards regarding the restraint of pregnant women at the next biennial review of the standards after the enactment of the act amending this subdivision and shall review the individual facility's compliance with the standards. (g) The standards shall also include requirements related to visitation that prohibit video or other types of electronic visitation from replacing in-person visits. (h) In establishing minimum standards, the board shall seek the advice of the following: (1) For health and sanitary conditions: The State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons. (2) For fire and life safety: The State Fire Marshal, local fire officials, and other interested persons. (3) For security, rehabilitation programs, recreation, and treatment of persons confined in correctional facilities: The Department of Corrections and Rehabilitation, state and local juvenile justice commissions, state and local correctional officials, experts in criminology and penology, and other interested persons. (4) For personnel training: The Commission on Peace Officer Standards and Training, psychiatrists, experts in criminology and penology, the Department of Corrections and Rehabilitation, state and local correctional officials, and other interested persons. (5) For female inmates and pregnant inmates in local adult and juvenile facilities: The California State Sheriffs' Association and Chief Probation Officers' of California, and other interested persons. (6) For visitation: The California State Sheriffs' Association, organizations working directly with people who are incarcerated, organizations working directly with, or that are operated by, family members of people who are incarcerated, and other interested persons.   SEC. 4.   Section 210 of the Welfare and Institutions Code is amended to read: 210. (a) The Board of State and Community Corrections shall adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors. The board shall review those standards biennially and make appropriate revisions. (b) The standards adopted pursuant to subdivision (a) shall include requirements that prohibit video or other types of electronic visitation from replacing in-person visits.   SEC. 5.   Section 885 of the Welfare and Institutions Code is amended to read: 885. (a) The Board of State and Community Corrections shall adopt and prescribe the minimum standards of construction, operation, programs of education and training, and qualifications of personnel for juvenile ranches, camps, or forestry camps established under Section 881. The board shall review those standards biennially and make appropriate revisions. (b) The standards adopted pursuant to subdivision (a) shall also include requirements that prohibit video or other types of electronic visitation from replacing in-person visits. (c) The board shall conduct a biennial inspection of each juvenile ranch, camp, or forestry camp situated in this state that, during the preceding calendar year, was used for confinement of any minor for more than 24 hours. (d) The custodian of each juvenile ranch, camp, or forestry camp shall make any reports that may be required by the board to effectuate the purposes of this section.   SEC. 2.   Section 4032 is added to the   Penal Code   , to read:   4032. (a) A local detention facility shall not utilize video or other types of electronic visitation to replace in-person visitation. (b) A local detention facility shall also comply with both of the following: (1) Sentenced incarcerated persons in a Type I facility and all incarcerated persons in a Type II facility shall be allowed no fewer than two in-person visits totaling at least one hour per incarcerated person each week. (2) Incarcerated persons in a Type III facility or a Type IV facility shall be allowed no fewer than one in-person visit totaling at least one hour per incarcerated person each week. (c) For purposes of this section, all of the following definitions apply: (1) "In-person visit" or "in-person visitation" means a visit or visitation during which an incarcerated person has contact with a visitor, is able to see a visitor through glass, or is otherwise in an open room without contact with a visitor. (2) "Local detention facility" has the same meaning as defined in Section 6031.4. (3) "Type I facility" means a local detention facility used for the detention of persons for not more than 96 hours, excluding holidays, after booking. "Type I facility" also includes a local detention facility that detains a person on court order for his or her own safekeeping or a person sentenced to a city jail as an incarcerated person worker, or that houses incarcerated person workers sentenced to the county jail, provided the placement in the facility is made on a voluntary basis on the part of the incarcerated person. As used in this paragraph, "incarcerated person worker" means a person assigned to perform designated tasks outside of his or her cell or dormitory, pursuant to the written policy of the facility, for a minimum of four hours each day on a five-day scheduled work week. (4) "Type II facility" means a local detention facility used for the detention of persons pending arraignment, during trial, and upon a sentence of commitment. (5) "Type III facility" means a local detention facility used only for the detention of convicted and sentenced persons. (6) "Type IV facility" means a local detention facility or portion of the facility designated for the housing of incarcerated persons eligible pursuant to Section 1208 for work furlough, education furlough, or other programs involving incarcerated person access into the community. (d) On and after January 1, 2017, a city, county, city and county, or other local entity shall not enter into, renew, extend, or amend 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, the same amount of in-person visitation required by paragraph (1) of subdivision (b) for a Type II facility.   SEC. 3.   Section 210.05 is added to the  Welfare and Institutions Code   , to read:   210.05. (a) A juvenile hall for the confinement of minors shall not utilize video or other types of electronic visitation to replace in-person visitation. (b) A juvenile hall for the confinement of minors shall also comply with all of the following with respect to in-person visitation: (1) Incarcerated minors shall be allowed to receive in-person visits by parents, guardians, or persons standing in loco parentis, at reasonable times, subject only to the limitations necessary to maintain order and security. (2) Opportunity for in-person visitation shall be a minimum of two hours per week. (3) In-person visits may be supervised, but conversations shall not be monitored unless there is a security or safety need. (c) For purposes of this section, "in-person visit" or "in-person visitation" means a visit or visitation during which an incarcerated minor has contact with a visitor, is able to see a visitor through glass, or is otherwise in an open room without contact with a visitor.   SEC. 4.   Section 885.5 is added to the  Welfare and Institutions Code   , to read:   885.5. (a) A juvenile ranch, camp, or forestry camp established under Section 881 shall not utilize video or other types of electronic visitation to replace in-person visitation. (b) A juvenile ranch, camp, or forestry camp established under Section 881 shall also comply with all of the following with respect to in-person visitation: (1) Minors shall be allowed to receive in-person visits by parents, guardians, or persons standing in loco parentis, at reasonable times, subject only to the limitations necessary to maintain order and security. (2) Opportunity for in-person visitation shall be a minimum of two hours per week. (3) In-person visits may be supervised, but conversations shall not be monitored unless there is a security or safety need. (c) For purposes of this section, "in-person visit" or "in-person visitation" means a visit or visitation during which a minor has contact with a visitor, is able to see a visitor through glass, or is otherwise in an open room without contact with a visitor.   SEC. 5.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.