Miguel Santiago
- Democratic
- Assemblymember
- District 54
Author
(1) Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may during that period of confinement be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners, including the right to purchase, receive, and read newspapers, periodicals, and books accepted for distribution by the United States Post Office. This bill would include the right to personal visits as a civil right, as specified. The bill would provide that these civil rights may not be infringed upon, except as necessary and only if narrowly tailored to further the legitimate security interests of the government, and would provide that any governmental action related to these civil rights may be reviewed in court for legal error under a substantial evidence standard of review. (2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons, and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, that may impact the visitation of inmates to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations establish the framework for establishing a visiting process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. Existing law requires the department to contract with a private nonprofit agency or agencies to establish and operate a visitor center outside of each state adult prison in California that has a population of more than 300 inmates, and prescribes the minimum level of services to be available to prison visitors, including emergency clothing and information on visiting regulations and processes. Existing law requires the department to cooperate with the Department of Transportation in the development of public transportation services to prisons, requires these departments to evaluate the addition of stations or stops on existing bus or rail routes, or the addition of new services, that improve transportation access for visitors to prisons, and requires the department to publicize the availability of transportation services provided by the Department of Transportation. This bill would additionally require those regulations pertaining to inmate visits to recognize and consider the right to personal visits as a civil right. The bill would prohibit the Department of Corrections and Rehabilitation from denying in-person contact visits, as specified, including as a disciplinary sanction against the incarcerated person. The bill would require the department to inform an applicant of the specific reason for any denial of a visit.
Consideration of Governor's veto stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and presented to the Governor at 5 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 16. Page 2930.).
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 2341.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 26).
Read second time and amended. Ordered returned to second reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 13). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 18. Page 1847.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 1.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 20).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 21.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB990 | HTML |
| 02/18/21 - Introduced | |
| 04/15/21 - Amended Assembly | |
| 04/22/21 - Amended Assembly | |
| 05/24/21 - Amended Assembly | |
| 08/26/21 - Amended Senate | |
| 09/10/21 - Enrolled |
| Document | Format |
|---|---|
| 04/19/21- Assembly Public Safety | |
| 05/10/21- Assembly Appropriations | |
| 05/27/21- ASSEMBLY FLOOR ANALYSIS | |
| 07/09/21- Senate Public Safety | |
| 08/13/21- Senate Appropriations | |
| 08/26/21- Senate Appropriations | |
| 08/31/21- Sen. Floor Analyses | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS | |
| 10/13/21- ASSEMBLY FLOOR ANALYSIS |
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