Amended IN Assembly March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2280Introduced by Assembly Member Jones-SawyerFebruary 08, 2024An act to add Section 4034 to the Penal Code, relating to jails. LEGISLATIVE COUNSEL'S DIGESTAB 2280, as amended, 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 incarcerated persons and attorneys. The bill would specify that these provisions neither supplant nor limit an incarcerated persons existing access to their attorney. 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 incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.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.
Amended IN Assembly March 13, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2280Introduced by Assembly Member Jones-SawyerFebruary 08, 2024An act to add Section 4034 to the Penal Code, relating to jails. LEGISLATIVE COUNSEL'S DIGESTAB 2280, as amended, 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 incarcerated persons and attorneys. The bill would specify that these provisions neither supplant nor limit an incarcerated persons existing access to their attorney. 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
Amended IN Assembly March 13, 2024
Amended IN Assembly March 13, 2024
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 amended, 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 incarcerated persons and attorneys. The bill would specify that these provisions neither supplant nor limit an incarcerated persons existing access to their attorney. 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 incarcerated persons and attorneys. The bill would specify that these provisions neither supplant nor limit an incarcerated persons existing access to their attorney. 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 incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.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 incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.
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 incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.
4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.
4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.
4034. (a) A jail facility shall approve an attorneys request to have a confidential call with the inmate incarcerated person that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, incarcerated person, per case, unless the inmate incarcerated person or attorney requests less time.
(b) For purposes of this section, confidential call means a telephone call between an inmate incarcerated person and their attorney that both the inmate and attorney parties intend to be private.
(c) This section does not supplant existing access between an incarcerated person and their attorney as of January 1, 2024, and shall not be construed as to infringe on the incarcerated persons right to freely and confidentially correspond with their attorney or their staff in any other manner, including in-person visits and video conferencing.
(d) Nothing in this section shall be construed to limit an incarcerated persons access to their attorney and facilities shall take all reasonable means to facilitate an incarcerated persons access to their attorney to the greatest extent possible.
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.