Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1723

Introduced by Assembly Member Waldron

February 17, 2023

An act to add Sections 4033 and 6405 to the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1723, as amended, Waldron. Crimes: theft. carceral visitation.
Existing law prescribes incarceration in the state prison as punishment for certain crimes. Existing law makes it a felony for a convicted felon who has been previously confined in a state prison to go upon the grounds of or land adjacent to a state or local carceral facility, as specified, without the consent of the warden or other officer in charge of the facility.
This bill would allow persons convicted of a felony who meet certain criteria to go into a carceral facility for the purposes of mentoring currently incarcerated persons. By imposing additional duties on local carceral facilities, this bill would impose 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 makes theft a crime, and divides the crime into 2 degrees: grand theft and petty theft.

This bill would express the intent of the Legislature to enact subsequent legislation relating to theft.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 4033 is added to the Penal Code, immediately following Section 4032, to read:

4033.
 (a) Notwithstanding Section 4571, the sheriff or other officer in charge of a local detention facility, as defined in Section 6031.4, shall allow a person previously convicted of a felony to come upon the grounds of the facility where all of the following conditions are met:
(1) The facility allows visitors, and the person is requesting to visit pursuant to the visitation policies of the facility.
(2) The person is not on parole.
(3) The person shows proof of association with an organization with the primary goal of providing mentorship to currently incarcerated individuals. Proof may be shown by, but shall not be limited to, a letter on the organization’s letterhead that confirms the person’s association with the organization.
(4) The person is on the facility grounds to provide mentorship to currently incarcerated individuals.
(b) The local detention facility shall make any needed changes to procedures and forms to facilitate the requirement in subdivision (a).
(c) The facility shall publish on the facility’s internet website, and otherwise make available, the contact information for the person at the facility who is responsible for screening visitors to the facility.
(d) For purposes of this section, “mentorship” includes meeting with, conducting educational programming for, or facilitating dialogue between incarcerated individuals within the facility.

SEC. 2.

 Section 6405 is added to the Penal Code, immediately following Section 6404, to read:

6405.
 (a) Notwithstanding Section 4571, the warden or other officer in charge of a department facility shall allow a person previously convicted of a felony to come upon the grounds of the facility where all of the following conditions are met:
(1) The facility allows visitors, and the person is requesting to visit pursuant to the visitation policies of the facility.
(2) The person is not on parole.
(3) The person shows proof of association with an organization with the primary goal of providing mentorship to currently incarcerated individuals. Proof may be shown by, but shall not be limited to, a letter on the organization’s letterhead that confirms the person’s association with the organization.
(4) The person is on the facility grounds to provide mentorship to currently incarcerated individuals.
(b) The Department of Corrections and Rehabilitation and the facility shall make any needed changes to procedures and forms to facilitate the requirement in subdivision (a).
(c) The facility shall publish on the facility’s internet website, and otherwise make available, the contact information for the person at the facility who is responsible for screening visitors to the facility.
(d) For purposes of this section, “mentorship” includes meeting with, conducting educational programming for, or facilitating dialogue between incarcerated individuals within the facility.

SEC. 3.

 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.
SECTION 1.

It is the intent of the Legislature to enact subsequent legislation relating to theft.