AB 2709

Bill Subjects

Abstract

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. This bill would prohibit a person sentenced to imprisonment in a state prison from being prevented from receiving personal visits, including, but not limited to, noncontact and family visits, unless necessary and narrowly tailored to further legitimate security and safety interests. The bill would specify conduct that could be deemed necessary and for legitimate security and safety interests if the conduct occurs within visiting areas during visiting hours or the conduct poses a clear and imminent risk of physical violence within visiting areas and during visiting hours. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law requires these regulations 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 create the framework for establishing a visitation 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. This bill would prohibit the department from denying or restricting in-person contact and noncontact visits, except as specified. The bill would require the department to inform both the visitor and the incarcerated person of the specific reason for any denial of a visit, as specified. The bill would require the department to provide at least 3 days of in-person visiting per week. The bill would require all infrastructure and areas initially erected for the purposes of providing family visits for incarcerated persons to be used only for the purpose of family visits, except as provided. Existing law requires the department to develop policies related to its contraband interdiction efforts for individuals entering department detention facilities, including, but not limited to, the establishment of unpredictable, random search efforts and methods, as specified. This bill would prohibit the department from using strip searches, visual body cavity searches, and physical body searches of visitors under 18 years of age. The bill would require the department to maintain multiple methods by which to search visitors, including, but not limited to, metal detectors, body scanners, and other contactless screening methods. The bill would authorize the department to conduct a strip search of minors if the department has probable cause and obtains a warrant to search. The bill would require the department, when there is probable cause that a minor visitor is attempting to introduce contraband, unauthorized substances, or other unauthorized items into the institution, to notify the individual and their parent or guardian in writing, and would require the department to obtain consent from the minor and their guardian before conducting a search. The bill would permit the department to offer a noncontact visit, if feasible, or deny the visit if the minor and their parent or guardian do not consent to the minor being searched. The bill would require the department to issue a written notice detailing the reason for denial or restriction, as specified, if a visitor is denied visitation or has visitation restricted.