Bill Text: CA AB990 | 2021-2022 | Regular Session | Amended
Bill Title: Prisons: inmate visitation.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2022-02-07 - Consideration of Governor's veto stricken from file. [AB990 Detail]
Download: California-2021-AB990-Amended.html
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
April 22, 2021 |
Amended
IN
Assembly
April 15, 2021 |
Introduced by Assembly Member Santiago (Coauthors: Assembly Members Kalra, Lee, Quirk, and Stone) (Coauthors: Senators Kamlager and Skinner) |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the department to adopt regulations necessary to effectuate this act, including emergency regulations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following: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.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.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: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:(a)In-person contact visits, noncontact visits, 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)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)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 the following documents and shall be assisted in completing the necessary 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
for a serious medical reason, the Department of Corrections and Rehabilitation shall inform all persons covered by the current medical release of information form about the incarcerated person’s health status, and shall facilitate phone calls between the incarcerated person and those 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, within 24 hours of admission, ask the incarcerated person whether they want to add people to 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 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
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, within 24 hours, ask the incarcerated person if they want to include the inquiring person in the scope of their medical 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 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, 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.
(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.
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).