Amended  IN  Assembly  April 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 990

Introduced by Assembly Member Bonta
(Coauthors: Assembly Members Kalra, Kamlager, Kalra and Stone)
(Coauthor: Senator Coauthors: Senators Kamlager and Skinner)

February 18, 2021

An act to amend Sections 2600, 2601 2601, and 6400 of, and to add Sections 6401, 6401.5, 6401.6, 6403, and 6405 6401 and 6401.5 to, the Penal Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 990, as amended, Bonta. Prisons: inmate visitation.
(1) Under existing law, a person sentenced to imprisonment in a state prison 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 a state prisoner, 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. 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 department to evaluate the addition of stations or stops on existing bus or rail routes, or the addition of new services, which 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 establish the right of a person to have an in-person visit with an incarcerated person, and would only permit a visit to be denied in prescribed circumstances, including that the incarcerated person freely holds consent to the visit. The bill would prohibit visits from being denied, as specified, including that the incarcerated person is placed on a restricted housing status. The bill would establish various standards related to visits, including the frequency and format, such as requiring phone and video calls to be provided free of charge to the incarcerated person and caller, and not limiting the duration of in-person noncontact visits during visiting hours. The bill would require a nonuniformed social worker to be readily available during visiting hours, would make that person responsible for screening minors before visits, and would prohibit the screening of minors by a correctional officer unless the parent, or the minor who is 13 years of age or older, consents to that screening. The bill would authorize a visit to be terminated if the visitor engages in specified activity, such as wearing clothing that does not cover identified parts of the body. The bill would require security and administrative tasks, such as computer upgrades, to be scheduled when those tasks do not interfere with visits. If a visit or call is interrupted or terminated, and the warden or a court later determines that there was no cause for the interruption or termination, the bill would require the facility to provide the visitor or caller with additional visiting or calling time, and to reimburse that person for expenses associated with the interrupted or terminated call. in-person contact visits from being denied, as specified, including as a disciplinary sanction against the incarcerated person. The bill would also require in-person contact visits to be provided no less than 4 days a week and would require emergency phone calls to be made available to certain incarcerated persons, as specified.

This bill would require the state to contract with one or more organizations to appoint members to a visitor and caller review committee, to be composed of specified individuals, and to provide a visitor and caller liaison in each facility overseen by the department that provides in-person video or video calling. The bill would require the liaison to ensure that the rights of visitors and callers are protected during in-person and noncontact visiting and video calling at these facilities, and to be present in the visiting and video calling areas during visiting and video calling hours. The bill would require each facility overseen by the department to establish a visitor and caller review committee, consisting of specified persons, would make the committee responsible for reviewing complaints related to denied applications for visits or calling access, would require the committee to make a decision on the complaint within 20 days of the filing of that complaint, and would establish a review process for the committee’s decision.

At least once per year, this bill would require each incarcerated person to be given the opportunity to designate an individual as their primary support person. If an incarcerated person is not placed in a facility that is within 100 miles of their primary support person, the bill would require that the primary support person and their minor children be given free transportation, transportation vouchers, or transportation reimbursement from an organization that contracts with the department to provide free or subsidized transportation for visits with incarcerated persons, as specified.

This bill would require the department to adopt regulations necessary to effectuate this act, including emergency regulations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The United States Supreme Court has recognized a constitutional right to maintain parent-child relationships absent a compelling government interest, such as protecting a child from an “unfit” parent (Santosky v. Kramer (1982) 455 U.S. 745, 753.). The United States Court of Appeals for the Ninth Circuit has recognized that this constitutional right logically encompasses a right to maintain a relationship with a life partner. (United States v. Wolf Child (2012) 699 F.3d 1082, 1091.).
(2) In 2009, the Legislature passed Senate Concurrent Resolution No. 20 (Resolution Chapter 88 of the Statutes of 2009), which encouraged the Department of Corrections and Rehabilitation to use the bill of rights created by the San Francisco Children of Incarcerated Parents Partnership as a framework for analysis and determination of procedures when making decisions about services for the children of incarcerated parents.
(3) The bill of rights created by the San Francisco Children of Incarcerated Parents Partnership includes all of the following:
(A) The child has the right to speak with, see, and touch their parent. Actions to realize this right include, but are not limited to, providing access to visiting rooms that are child-centered, nonintimidating, and conducive to bonding, considering proximity to family when siting prisons and assigning incarcerated persons, and encouraging child welfare departments to facilitate contact.
(B) The child has the right to support as that child faces a parent’s incarceration. Actions to realize this right include, but are not limited to, training adults who work with young people to recognize the needs and concerns of children whose parents are incarcerated, providing access to specially trained therapists, counselors, and mentors, and allocating 5 percent of the corrections-related budget to support the families of incarcerated persons.
(C) The child has a right to a lifelong relationship with their parent. Actions to realize this right include, but are not limited to, reexamining the federal Adoption and Safe Families Act of 1997, designating a family services coordinator at prisons and jails, supporting incarcerated parents on reentry, and focusing on rehabilitation and alternatives to incarceration.
(4) The principles announced in the bill of rights created by the San Francisco Children of Incarcerated Parents Partnership additionally apply to close family members and loved ones of incarcerated people, including individuals not traditionally defined as family members.
(5) The United Nations has established minimum standards for the treatment of incarcerated people that require regular communication with family and friends by visits, telephone, electronic or digital communications, and mail. Moreover, “disciplinary sanctions or restrictive measures shall not include the prohibition of family contact.”
(6) The American Bar Association has established minimum standards for incarcerated people that require sufficient visiting space, convenient visiting times, family-friendly environments, and no unreasonable exclusions of visitors based on criminal convictions.
(7) Research confirms that incarceration imposes heavy burdens on the families of incarcerated people, including trauma for the children of incarcerated parents, as recognized on the adverse childhood experience index, in addition to the high costs of maintaining contact by telephone and visits. Consistent visits also have the potential for reducing the likelihood of intergenerational criminality.
(8) Isolation from lack of visits and limited phone communications adversely affect the mental health of incarcerated people, and that isolation contributes to mental suffering and conflict within prisons. Research shows that visits and family programming reduce disciplinary infractions, increase the chances of successful parole, and decrease recidivism rates upon release and reentry into the community. Forty to 80 percent of incarcerated people rely on their families immediately after release to overcome reentry obstacles, including unemployment, debt, and homelessness.
(9) The COVID-19 pandemic has exacerbated these burdens for families and adverse effects of isolation for incarcerated persons. Since March 2020, in-person visits have been canceled, and this policy exists as of January 2021. Only limited free phone calls have been provided. Since December 2020, limited video calling has become available.
(b) Therefore, it is the intent of the Legislature to strengthen visiting rights to support the emotional health of Californians and their incarcerated loved ones, to improve in-custody conduct, and to reduce recidivism. By strengthening these visiting rights, it is further the intent of the Legislature to align California law with the practices that social science tells us are most effective for incarcerated individuals, their family members and loved ones, and for society as a whole.

SEC. 2.

 Section 2600 of the Penal Code is amended to read:

2600.
 (a) A person sentenced to imprisonment in a state prison or to imprisonment pursuant to subdivision (h) of Section 1170 may during that period of confinement be deprived of rights if the deprivation of those rights is necessary and narrowly tailored to further the legitimate security interests of the government.
(b) This section does not overturn the decision in Thor v. Superior Court, 5 Cal. 4th 725.

SEC. 3.

 Section 2601 of the Penal Code is amended to read:

2601.
 Each person described in Section 2600 shall have all of the following civil rights set forth under subdivisions (a) to (i), inclusive. These rights may not be infringed upon, except as necessary and only if narrowly tailored to further the legitimate security interests of the government. Any governmental action related to these rights may be reviewed in court for legal error and under a substantial evidence standard of review.
(a) Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment. However, to the extent authorized in Section 2600, the Department of Corrections and Rehabilitation may restrict or prohibit sales or conveyances that are made for business purposes.
(b) To correspond, confidentially, with any member of the State Bar of California or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband.
(c) (1) To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. Pursuant to this section, prison authorities may exclude any of the following matter:
(A) Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained.
(B) Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence.
(C) Any matter concerning gambling or a lottery.
(2) This section does not limit the right of prison authorities to do either of the following:
(A) Open and inspect any and all packages received by an inmate.
(B) Establish reasonable restrictions on the number of newspapers, magazines, and books that the inmate may have in their cell or elsewhere in the prison at one time.
(d) To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections and Rehabilitation, in addition to any other filing fee authorized by law, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure.
(e) To marry.
(f) To create a power of appointment.
(g) To make a will.
(h) To receive all benefits provided for in Sections 3370 and 3371 of the Labor Code and in Section 5069.
(i) To receive personal visits.

SEC. 4.

 Section 6400 of the Penal Code is amended to read:

6400.
 Amendments to existing regulations and any future regulations adopted by the Department of Corrections and Rehabilitation that may impact the visitation of inmates shall do all of the following:
(a) Recognize and consider the right to personal visits as a civil right pursuant to subdivision (i) of Section 2601.
(b) Recognize and consider the value of visiting as a means to improve the safety of prisons for both staff and inmates.
(c) Recognize and consider the important role of inmate visitation in establishing and maintaining a meaningful connection with family and community.
(d) Recognize and consider the important role of inmate visitation in preparing an inmate for successful release and rehabilitation.

SEC. 5.Section 6401 is added to the Penal Code, to read:
6401.

(a)A person shall have the right to an in-person contact visit with an incarcerated person.

(b)A visit may only be denied as follows:

(1)(A)The visitor has committed one or more of the following offenses in a prison or jail:

(i)They brought contraband into the facility during a visit. For purposes of this clause, contraband excludes any lawful amount of alcohol, marijuana, or other intoxicants for personal use in a vehicle parked on facility grounds.

(ii)(I)They engaged in sexual intercourse, penetration, masturbation, or oral copulation during a visit with a person other than a family visit.

(II)For purposes of this subdivision, “masturbation” shall mean skin-to-skin contact with genitalia.

(iii)They committed violence during a visit or the visiting screening process.

(iv)They attempted, or aided in, an escape during a visit.

(B)A visitor who has committed an offense described under clause (i) to (iv), inclusive, of subparagraph (A) may be denied visits for up to one year after the commission of that offense.

(2)(A)The visitor has not provided a criminal history report, as issued by the Department of Justice, and government issued photographic identification before approval of a visitor application. A visitor who fails to provide this information may be denied the right to visit until the required information is provided and the application is processed.

(B)For purposes of subparagraph (A), the criminal history report shall be obtainable by the prospective visitor free of charge.

(3)The incarcerated person freely withholds consent to the visit. The incarcerated person shall not be required to withhold consent to a visit as a disciplinary sanction, as a means of avoiding a disciplinary sanction, or as a condition of participating in programming or enjoying any privilege while incarcerated.

(c)A visit shall not be denied for any of, but not limited to, the following reasons:

(1)As a disciplinary sanction against the incarcerated person that is not based on any violation of a law or regulation by the incarcerated person that occurred during the incarcerated person’s visit with the affected visitor.

(2)Solely due to the incarcerated person’s restricted housing status, including placement in administrative segregation or a security housing unit.

(3)Due to an omission or inaccuracy on the visitor application if the omitted or correct information is provided on the visitor’s criminal history report, as issued by the Department of Justice.

(4)Because of a visitor’s criminal, juvenile delinquency, or other history of involvement with law enforcement, whether or not it resulted in a criminal conviction, other than a conviction for an offense listed in paragraph (1) of subdivision (b), a visitor’s current status of being under parole, postrelease community supervision, probation, or informal probation supervision, or a visitor’s previous incarceration, including incarceration in the facility where the visit will take place.

(5)Due to the nature of the incarcerated person’s criminal, juvenile delinquency, or other history of involvement with law enforcement, regardless of whether it resulted in a criminal conviction, other than a conviction for an offense set forth under clause (i) to (iv), inclusive, of subparagraph (A) of paragraph (1) of subdivision (b), except when required by Section 1202.05.

(d)To the extent that visiting rules and standards, as prescribed in Title 15 of the California Code of Regulations, conflict with this section, the Department of Corrections and Rehabilitation shall adopt regulations that conform with this section.

SEC. 5.

 Section 6401 is added to the Penal Code, to read:

6401.
 (a) An in-person contact visit shall not be denied for any of the following reasons:
(1) As a disciplinary sanction against the incarcerated person that is not based on any violation of a law or regulation by the incarcerated person that occurred during the incarcerated person’s visit with the affected visitor.
(2) Due to an omission or inaccuracy on the visitor application if the omitted or correct information is provided on the visitor’s criminal history report, as issued by the Department of Justice to the visitor, and the visitor provided government-issued identification.
(3) Because of a visitor’s criminal, juvenile delinquency, or other history of involvement with law enforcement, whether or not it resulted in a criminal conviction, other than a conviction for an offense listed in paragraph (5), a visitor’s current status of being under parole, postrelease community supervision, probation, or informal probation supervision, or a visitor’s previous incarceration, including incarceration in the facility where the visit will take place.
(4) Due to the nature of the incarcerated person’s criminal, juvenile delinquency, or other history of involvement with law enforcement, regardless of whether it resulted in a criminal conviction, other than a conviction for an offense set forth under paragraph (5), except when required by Section 1202.05.
(5) A visitor or incarcerated person may be denied visits for up to one year after the commission of one of the following offenses:
(A) Bringing contraband into the facility during a visit. For purposes of this subparagraph, contraband excludes any lawful amount of alcohol or other intoxicants for personal use in a vehicle parked on facility grounds.
(B) (i) Engaging in sexual intercourse, penetration, masturbation, or oral copulation during a visit with a person other than a family visit or engaging in any sexual conduct with a child during a visit.
(ii) For purposes of this subparagraph, “masturbation” means skin-to-skin contact with genitalia.
(C) Committing violence during a visit or the visiting screening process.
(D) Attempting, or aiding in, an escape during a visit.
(b) An incarcerated person shall not be required to withhold consent to a visit as a disciplinary sanction, as a means of avoiding a disciplinary sanction, or as a condition of participating in programming or enjoying any privilege while incarcerated.
(c) To the extent that visiting rules and standards, as prescribed in Title 15 of the California Code of Regulations, conflict with this section, the Department of Corrections and Rehabilitation shall adopt regulations that conform with this section.

SEC. 6.

 Section 6401.5 is added to the Penal Code, to read:

6401.5.
 (a) In-person contact visits, noncontact visits, family visits, phone calls, and video calls shall each be provided no less frequently than every day from 8:00 a.m. to 8:00 p.m. and family visits shall be provided no less frequently than four days a week. Sufficient visiting and calling space and times shall be made available to allow every person who seeks a contact visit, a noncontact visit, family visit, a phone call, or a video call with an incarcerated person to have that visit or call with that person when requested.

(b)Phone and video calls shall be provided free of charge to the incarcerated person and the caller.

(c)In-person contact and noncontact visits shall not be limited in duration within the visiting hours.

(d)A cell phone or tablet that is capable of voice over internet protocol shall be provided free of charge to each incarcerated person. This phone or tablet shall have the ability to send and receive calls and emails while the incarcerated person is in their housing area. The incarcerated person shall have the right, when not engaged in programming or a work assignment, to send and receive calls and emails to and from a preapproved list of personal correspondents, an attorney, court, legal library, or legal services organization.

(e)

(b) Emergency phone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The Department of Corrections and Rehabilitation shall provide persons outside the facility the means to initiate a phone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).

(1)Whenever the incarcerated person has been hospitalized or moved to a medical unit of the facility.

(1) When the incarcerated person has been admitted to the hospital for a serious medical reason.
(A) At least once a year, and within 30 calendar days of an infectious disease outbreak in a department facility, every incarcerated person shall be asked whom they want covered by their medical release of information the following documents and shall be assisted in completing the necessary paperwork. paperwork for the following documents:
(i) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.
(ii) Medical release of information form.
(iii) Medical power of attorney form.
(iv) Next of Kin form authorizing control over body and possessions in case of death.
(B) Within 24 hours of an incarcerated person being hospitalized or moved to a medical unit, for a serious medical reason, the Department of Corrections and Rehabilitation shall inform all persons covered by the current release medical release of information form about the incarcerated person’s health status, and shall facilitate a phone call phone calls between the incarcerated person and those persons. persons if the incarcerated person consents.
(C) If the incarcerated person is able to provide knowing and voluntary consent, the Department of Corrections and Rehabilitation shall shall, within 24 hours of admission, ask the incarcerated person whether they want to add people to their medical release any of the forms included in clauses (i) to (iv), inclusive, of subparagraph (A) who have not previously been designated. The Department of Corrections and Rehabilitation shall promptly assist, as necessary, the incarcerated person in completing the paperwork. The Department of Corrections and Rehabilitation shall promptly inform the newly designated person persons on the medical release form of the incarcerated person’s condition and facilitate a phone call between the incarcerated person and the newly designated person. The department shall also facilitate other outgoing phone calls by the incarcerated person at the incarcerated person’s request.
(D) If a person outside of the Department of Corrections and Rehabilitation seeks information about an incarcerated person who has been hospitalized or moved to a medical unit of the facility, admitted to a hospital for a serious medical reason, and that person is not covered by the incarcerated person’s medical release, the Department of Corrections and Rehabilitation shall shall, within 24 hours, ask the incarcerated person if they want to include the inquiring person in the scope of their medical release. If appropriate, release, or talk by phone with the person, or both. As applicable, the Department of Corrections and Rehabilitation shall amend the medical release, including assisting the incarcerated person with the necessary paperwork, if the incarcerated person is able to provide knowing and voluntary consent. The Department of Corrections and Rehabilitation shall subsequently and promptly inform the inquiring person of the incarcerated person’s medical condition and facilitate a phone call between the incarcerated person and the newly designated person. consent and shall inform the inquiring person of the incarcerated person’s medical condition. As applicable, the department shall facilitate a phone call between the incarcerated person and the newly designated person. The patient shall be informed that they have the right to refuse consent and their refusal shall not be communicated to the inquiring party, and there shall be no adverse consequences from medical or department staff for refusing.
(2) The Department of Corrections and Rehabilitation shall maintain a dedicated line for outside people to call to inform the department that a family member, approved visitor or caller, or primary support person, as designated in subdivision (a) of Section 6405, of if the incarcerated person has been hospitalized, becomes critically ill, or has died. Upon receipt of these calls, the Department of Corrections and Rehabilitation shall notify the incarcerated person.

(f)

(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized or moved to a medical unit within the facility and the incarcerated person is in critical or more serious medical condition. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patient’s current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted within 24 hours. However, no visitor approval process shall be required when the patient is in imminent danger of dying.
(d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.

(g)Whenever in-person visiting is impossible, all previously scheduled in-person visiting time shall be replaced by additional video calling time that is free of charge to the incarcerated person and the caller.

(h)To the extent that visiting rules and standards, as prescribed in Title 15 of the California Code of Regulations, conflict with this section, the Department of Corrections and Rehabilitation shall adopt regulations that conform with this section.

SEC. 7.Section 6401.6 is added to the Penal Code, to read:
6401.6.

(a)A nonuniformed social worker, who is chosen and trained by the visitor and caller liaison, as specified in Section 6403, shall be readily available during visiting hours, and shall be responsible for screening minors before any visit. The screening of a minor shall not be conducted by a correctional officer unless the parent, or the minor who is 13 years of age or older, consents.

(b)A licensed health care provider shall be readily available during visiting hours, and shall be responsible for conducting unclothed body searches. An unclothed body search shall be conducted in a private location. An unclothed body search shall not be conducted by a correctional officer unless the visitor consents.

(c)A search of clothing and personal property shall be conducted in the presence of the visitor, and, if requested by the visitor, shall be video recorded.

(d)A prison employee shall only enforce visiting rules and standards prescribed in law, including this code and Title 15 of the California Code of Regulations.

(e)A visit may be terminated only if the visitor engages in any of the following during the visit:

(1)Fails to provide a valid government-issued photo identification at the time of the visit for each adult visitor, emancipated minor visitor, and minor who is a spouse of the incarcerated person whom the minor seeks to visit, or fails to provide valid documentation of a change of name or address from that information supplied on the visitor’s application. Valid documentation includes, but is not limited to, marriage or divorce court documents, a lease or deed, an item of mail delivered to the new address, and a temporary driver’s license or permit.

(2)Fails to provide documentation establishing that an adult accompanying a minor not described in paragraph (1) is the minor’s parent or legal guardian or has permission from the minor’s parent or legal guardian to visit the incarcerated person whom the minor seeks to visit.

(3)Notwithstanding paragraphs (1) and (2), inclusive, prison employees may waive identification and documentation requirements.

(4)Wears clothing that resembles the clothing of people incarcerated or employed at the facility and refuses to change into different clothing.

(5)(A)Wears clothing that does not cover most of the front and back torso, thighs, and breasts, or does not completely cover the buttocks, genitalia, and areola.

(B)Wears clothing described in subparagraph (A) and refuses to change into different clothing.

(6)Disrupts the visiting area, fails to follow staff instructions, or engages in sexual conduct, as defined in subdivision (f), other than in a family visit, after the visitor has been counseled to stop and warned that continuing the behavior could lead to termination of the visit.

(7)Refuses to submit to a search as authorized under this section.

(8)Commits any of the offenses listed in subparagraph (A) of paragraph (1) of subdivision (b) of Section 6401.

(f)(1)For purposes of this section, “sexual conduct” means either of the following:

(A)The rubbing or touching of any breast, buttock, or sexual organ for the purpose of arousing, appealing to, or gratifying lust, passions, or sexual desires.

(B)The exposure of any breast, buttock, or sexual organ for the purpose of arousing, appealing to, or gratifying lust, passions, or sexual desires.

(2)For purposes of this section, sexual conduct excludes any acts addressed under subparagraphs (A) to (D), inclusive, and the Department of Corrections and Rehabilitation shall not prohibit those acts.

(A)Holding hands or touching the head, back, shoulders, or lower thighs.

(B)For a child who is 12 years of age or younger, sitting on an adult’s lap.

(C)Hugging or kissing at the beginning or end of a visit.

(D)Hugging or kissing at any time with a child who is 12 years of age or younger.

(g)Security and administrative tasks, including computer upgrades, shall be scheduled at a time that does not interfere with visiting or when there is additional staff available to perform those tasks to ensure the tasks do not interfere with visiting. Whenever facility visiting hours are canceled or reduced due to a genuine emergency, the facility shall provide accommodations for visitors who show up for visits on that day, and these accommodations shall continue until visits are again made available. Additional visiting hours shall be scheduled within 24 hours of the termination of visits due to the emergency if necessary to accommodate the visitors.

(h)If a visit or call is interrupted or terminated, and the warden or a court later determines there was no cause for the interruption or termination, the facility shall provide the visitor or caller with additional visiting and calling time, and shall reimburse the visitor or caller for any expenses associated with the interrupted or terminated call.

(i)To the extent that visiting rules and standards, as prescribed in Title 15 of the California Code of Regulations, conflict with this section, the Department of Corrections and Rehabilitation shall adopt regulations that conform with this section.

SEC. 8.Section 6403 is added to the Penal Code, to read:
6403.

(a)(1)The state shall contract with one or more organizations, as described in paragraph (2), to appoint members of a visitor and caller review committee and to provide a visitor and caller liaison in each facility overseen by the department that provides in-person visiting or video calling. The contract shall not be terminated on the ground that one or more of the liaisons zealously advocates for the rights of visitors or callers.

(2)The organization shall be led by formerly convicted or incarcerated or system-impacted people, and shall have at least a five-year history of providing services to, or advocating for, those people independent of the Department of Corrections and Rehabilitation. System-impacted refers people who have borne financial or other costs of having relationships with currently or formerly convicted or incarcerated people.

(b)(1)The liaison shall ensure that the rights of visitors and callers are protected during all in-person contact and noncontact visiting and video calling at facilities overseen by the Department of Corrections and Rehabilitation.

(2)The liaison shall be present in the visiting and video calling areas during all visiting and video calling hours, and shall be authorized to interact directly and promptly with staff in the visiting or video calling areas to raise concerns about compliance with laws and regulations on visiting and video calling.

(3)If unable to resolve a concern with staff, the liaison shall have the right to immediately contact the highest official on duty to raise the concern.

(4)If the concern is not resolved, the liaison or the affected visitor or caller may individually or collectively file a formal complaint, and the warden shall be required to resolve and respond to the complaint within three days. Once a complaint is made, surveillance video of the relevant visiting or calling area for the date and time of the alleged violation shall be preserved until the complaint and any subsequent legal proceeding are resolved.

(c)Each institution within the Department of Corrections and Rehabilitation shall establish a visitor and caller review committee consisting of an equal number of persons appointed by one or more organizations, as described in paragraph (2) of subdivision (a), and persons appointed by the warden. If an application for visiting or calling access is denied, or visiting or calling rights are suspended or revoked, and a complaint is filed, this committee shall meet to review the complaint and determine whether a violation of law or regulations occurred. The committee shall make a decision on the complaint within 20 days of the filing of the complaint. The committee’s decision, or the opinions of the committee members if the committee is not able to reach consensus, shall be reviewed by the warden, who shall make a final decision within 15 days of receiving the committee’s communication. The warden’s decision shall be reviewable by a superior court upon de novo review by petition for a writ of habeas corpus. The visitor or caller shall have third-party standing to raise issues on behalf of the incarcerated person whose visit or call was affected. Upon request, the liaison shall assist people who have been denied visiting and calling access.

(d)A liaison, or the affected visitor or caller, may individually or collectively file a complaint for noncompliance of visiting rules and laws, including Section 6405, by way of a petition for a writ of habeas corpus filed in superior court, and that court shall make a decision upon de novo review. The visitor or caller shall have third-party standing to raise issues on behalf of the incarcerated person whose visit or call was affected.

(e)If a visitor’s or caller’s visit or call is interrupted or terminated, and the warden or a court later determines there was no cause for the interruption or termination, the facility shall provide the visitor or caller with additional visiting and calling time, and shall reimburse the visitor or caller for any expenses associated with the interrupted or terminated call.

SEC. 9.Section 6405 is added to the Penal Code, to read:
6405.

(a)At least once a year, each incarcerated person shall be given the opportunity to designate an individual as a “primary support person.”

(b)If an incarcerated person is not placed in a facility administered by the Department of Corrections and Rehabilitation that is within 100 miles of the residence of the incarcerated person’s primary support person, as designated by the incarcerated person pursuant to subdivision (a), the primary support person and their minor children shall receive free transportation, transportation vouchers, or transportation reimbursement from an organization, as described in subdivision (c). These services shall be sufficient to visit the incarcerated person once a month.

(c)(1)The state shall contract with an organization to provide free or subsidized transportation for visits with incarcerated people. The contract shall require the organization to provide free transportation, transportation vouchers, or transportation reimbursement as set forth in subdivision (b). Transportation compensation shall be paid at the state government reimbursement rate.

(2)This organization shall be led by formerly incarcerated or system-impacted people, and shall have at least a one-year history of providing services to or advocating for these people independent of the Department of Corrections and Rehabilitation. System-impacted refers to people who have borne financial or other costs of having relationships with currently or formerly incarcerated people.

(d)The department shall not transfer the incarcerated person in order to avoid transportation costs pursuant to subdivision (c) unless the incarcerated person freely consents.

SEC. 10.SEC. 7.

 The Department of Corrections and Rehabilitation shall adopt regulations necessary to effectuate this act, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).