California 2023 2023-2024 Regular Session

California Assembly Bill AB2280 Introduced / Bill

Filed 02/08/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2280Introduced by Assembly Member Jones-SawyerFebruary 08, 2024 An act to add Section 4034 to the Penal Code, relating to jails. LEGISLATIVE COUNSEL'S DIGESTAB 2280, as introduced, Jones-Sawyer. Jails: confidential calls.Existing law provides that an inmate in state prison has specified civil rights, including, among others, the right to confidentially correspond with a member of the State Bar of California. Existing law requires the Department of Corrections and Rehabilitation to approve an attorneys request to have a confidential call, as defined, with the inmate that they represent. Existing law requires the phone call to be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.This bill would require local jail facilities to adopt the above-described confidential call process for inmates and attorneys. By increasing the duties on local officials, this bill would create a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4034 is added to the Penal Code, to read:4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.SEC. 2. 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.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2280Introduced by Assembly Member Jones-SawyerFebruary 08, 2024 An act to add Section 4034 to the Penal Code, relating to jails. LEGISLATIVE COUNSEL'S DIGESTAB 2280, as introduced, Jones-Sawyer. Jails: confidential calls.Existing law provides that an inmate in state prison has specified civil rights, including, among others, the right to confidentially correspond with a member of the State Bar of California. Existing law requires the Department of Corrections and Rehabilitation to approve an attorneys request to have a confidential call, as defined, with the inmate that they represent. Existing law requires the phone call to be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.This bill would require local jail facilities to adopt the above-described confidential call process for inmates and attorneys. By increasing the duties on local officials, this bill would create a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2280

Introduced by Assembly Member Jones-SawyerFebruary 08, 2024

Introduced by Assembly Member Jones-Sawyer
February 08, 2024

 An act to add Section 4034 to the Penal Code, relating to jails. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2280, as introduced, Jones-Sawyer. Jails: confidential calls.

Existing law provides that an inmate in state prison has specified civil rights, including, among others, the right to confidentially correspond with a member of the State Bar of California. Existing law requires the Department of Corrections and Rehabilitation to approve an attorneys request to have a confidential call, as defined, with the inmate that they represent. Existing law requires the phone call to be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.This bill would require local jail facilities to adopt the above-described confidential call process for inmates and attorneys. By increasing the duties on local officials, this bill would create a state-mandated local program.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 the statutory provisions noted above.

Existing law provides that an inmate in state prison has specified civil rights, including, among others, the right to confidentially correspond with a member of the State Bar of California. Existing law requires the Department of Corrections and Rehabilitation to approve an attorneys request to have a confidential call, as defined, with the inmate that they represent. Existing law requires the phone call to be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.

This bill would require local jail facilities to adopt the above-described confidential call process for inmates and attorneys. By increasing the duties on local officials, this bill would create a state-mandated local program.

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 the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4034 is added to the Penal Code, to read:4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.SEC. 2. 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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4034 is added to the Penal Code, to read:4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.

SECTION 1. Section 4034 is added to the Penal Code, to read:

### SECTION 1.

4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.

4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.

4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.



4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.

(b) For purposes of this section, confidential call means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.

SEC. 2. 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.

SEC. 2. 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.

SEC. 2. 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.

### SEC. 2.