Bill Text: CA SB1157 | 2015-2016 | Regular Session | Enrolled
Bill Title: Incarcerated persons: visitation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1157 Detail]
Download: California-2015-SB1157-Enrolled.html
BILL NUMBER: SB 1157 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Mitchell
(Coauthors: Senators Hancock and Leno)
(Coauthor: Assembly Member Weber)
FEBRUARY 18, 2016
An act to add Section 4032 to the Penal Code, relating to
incarcerated persons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1157, Mitchell. 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 a county jail upon a criminal
conviction. Existing regulations of the Board of State and Community
Corrections specify the number of visits that inmates held in certain
types of correctional facilities are required to be provided.
This bill would require a local detention facility, as defined,
that elects to utilize video or other types of electronic devices for
inmate visitations to also provide an inmate with in-person
visitation that meets or surpasses the minimum number of weekly
visits required by those regulations for a person detained in the
facility. If a local detention facility does not have existing space
available for in-person visitation, the bill would require the
facility to comply no later than January 1, 2022.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 2011, the State of California passed historic legislation
to reduce recidivism in the state prison system by supervising people
with low-level convictions at the local level, closer to their
communities. To support realignment efforts, the state has provided
approximately $2.5 billion in funding for local jail construction
projects, including:
(1) One billion two hundred million dollars ($1,200,000,000) in
funding for local jail construction projects authorized by Chapter 7
of the Statutes of 2007. In two phases of the program, 21 counties
received awards. When all construction is completed, over 9,000 jail
beds will have been added.
(2) Five hundred million dollars ($500,000,000) in funding for
local jails authorized by Chapter 42 of the Statutes of 2012. The
Board of State and Community Corrections (BSCC) awarded 14 counties
funding. The program specified that counties seeking to replace or
upgrade outdated facilities and provide alternatives to
incarceration, including mental health and substance use disorder
treatment, would be considered.
(3) An additional $500 million for local jails authorized by
Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties
funding. This funding was primarily available for improving existing
capacity and treatment and programming space.
(4) An additional $250 million for local jails and an additional
$20 million specifically for Napa County authorized by Chapter 34 of
the Statutes of 2016. The funding was limited to those counties that
had not been fully funded through previous grants. In addition, a
facility constructed or renovated with program funding is required to
include space for in-person visitation and a county applying for
financing is required to submit a description of efforts to address
sexual abuse in its jails.
(b) While a number of the counties that were awarded funding under
the programs described in paragraphs (1), (2), and (3) of
subdivision (a) are offering in-person visitation, there are several
that have banned, or are considering banning, in-person visitation
and instead offering only video visitation.
(c) Experts have found "that prison visitation can significantly
improve the transition incarcerated people make from the institution
to the community." Just one visit "reduced the risk of recidivism by
13 percent for felony reconvictions and 25 percent for technical
violation revocations." " M]ore frequent and recent visits were
associated with a decreased risk of recidivism," and "the more
sources of social support an incarcerated person has, the lower the
risk of recidivism."
(d) Experts have additionally found that video "v]isiting cannot
replicate seeing someone in-person, and it is critical for a young
child to visit his or her incarcerated parent in person to establish
a secure attachment."
(e) For purposes of updating and promulgating regulations, the
BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation Revision
Executive Steering Committee (ESC). The ESC, which is responsible for
regulations relating to visitation, requested that one of its
working groups discuss the current visitation regulations as they
relate to video visitation. Despite expert findings, the BSCC working
group on visitation, which was comprised of only law enforcement
representatives, stated, in part: "The workgroup engaged in a lengthy
discussion regarding video visitation versus in-person visits.
Several members of the group reported that their county is planning
or building new facilities with space for video visiting only (no
space for in-person visits)."
(f) Chapter 15 of the Statutes of 2011, the public safety
realignment legislation, included the following legislative findings:
"Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run,
community-based corrections programs which are strengthened through
community-based punishment, evidence-based practices, improved
supervision strategies, and enhanced secured capacity, will improve
public safety outcomes among adult felons and facilitate their
reintegration back into society."
(g) Due to the enactment of realignment legislation, more people
are serving lengthy jail sentences for felony convictions, often
years and, in some cases, decades.
(h) California's criminal justice realignment will be strengthened
by ensuring that incarcerated people at the local level have contact
with, and build meaningful connections with, friends and family in
their communities. With these connections, incarcerated people will
be better prepared to successfully reintegrate into and contribute to
society.
SEC. 2. Section 4032 is added to the Penal Code, to read:
4032. (a) A local detention facility that elects to utilize video
or other types of electronic devices for inmate visitations shall
also provide inmates with in-person visitation that meets or
surpasses the minimum number of weekly visits required by regulations
of the Board of State and Community Corrections for persons detained
in the facility. For purposes of this section, "local detention
facility" has the same meaning as defined in Section 6031.4.
(b) Notwithstanding subdivision (a), a local detention facility
that elects to utilize video or other types of electronic devices for
inmate visitations and does not have existing space available for
in-person visitation shall provide visitation in accordance with
subdivision (a) no later than January 1, 2022.
