Bill Text: CA SB134 | 2009-2010 | Regular Session | Amended
Bill Title: Juveniles: communications with children.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB134 Detail]
Download: California-2009-SB134-Amended.html
BILL NUMBER: SB 134 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2009
INTRODUCED BY Senator Liu
(Coauthor: Senator Yee)
FEBRUARY 10, 2009
An act to amend Section 1712.1 of Sections
224.71 and 1712.1 of, and to add Section 209.5 to, the Welfare
and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 134, as amended, Liu. Juveniles: communications with children.
Existing law states the policy of the state that all youth
confined in a facility of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice have the right to
maintain frequent and continuing contact with parents, guardians,
siblings, children, and extended family members through visits,
telephone calls, and mail.
This bill would expand this right to include contact with the
other parent of a child, and the child's caregiver, social worker,
teacher, physician, and other service providers involved in the
upbringing and caregiving of the child. The bill also would require
local juvenile detention facilities to consider the well-being of the
children of parents who are in the custody of those facilities, and
for visitation policies to provide opportunities for meaningful
contact between incarcerated parents and children. The bill would
provide that a juvenile who is a parent, who is involved in caring
for his or her child, and who is authorized for telephone
communication, shall be permitted to place telephone calls to his or
her child, and to the child's other parent, caregiver, social worker,
teacher, physician, other service providers for the child, and any
other individuals who are involved in the upbringing and caregiving
of the child, within the restriction policy for telephone use at the
local juvenile detention facility. By imposing new and additional
duties on local juvenile detention facilities, this bill would create
a state-mandated local program.
Existing law provides that a ward confined in a facility of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, is encouraged to communicate with family members, clergy,
and others, and to participate in programs that will facilitate his
or her education, rehabilitation, and accountability to victims, and
that may help the ward become a law-abiding and productive member of
society.
This bill would, if the ward has a child and except as
specified , authorize the ward to communicate, both over the
phone telephone and in writing, with
specified persons, including the ward's child, in order to aid in the
attachment and involvement of the ward in his or her child's life,
to increase the ward's ability to parent the child, and to reduce the
detrimental impact on the ward's child as a result of having an
incarcerated parent.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Due to a lack of concrete policies that protect the rights of
adolescents to parent their children, many incarcerated adolescent
(a) Many incarcerated young
parents face long periods of time where they have little or no
contact with their children.
(b) A national survey from the National Center for Juvenile
Justice completed in 2003 found that, of incarcerated girls, 11
percent 15 years of age and under, 10 percent 16 years of age, 8
percent 17 years of age, and 13 percent 18 years of age, were
pregnant parents .
(c) The same survey found that, of incarcerated boys, 13 percent
15 years of age, 15 percent 16 years of age, 17 percent 17 years of
age, and 21 percent 18 years of age, were parents.
(d) The trauma of an arrest event a parent'
s arrest and the resulting parent-child separation can have
profound effects on the child's development, lasting well into
adulthood.
(e) The results of parental incarceration on the child may include
difficulty sleeping, poor school performance, truancy, use of
alcohol or drugs, delinquency, and an increased likelihood of
becoming an inmate being incarcerated
later in life; thus perpetuating intergenerational incarceration.
(f) Communication improves the parent-child bond, which
is critical for child development. It may also reduce the child's
feelings of loneliness, fear, sadness, anxiety, and emotional
withdrawal. with a parent provides the foundation
necessary for children to thrive and become productive members of
society.
(g) Programs created to promote positive contact between
incarcerated parents and their children have been shown to decrease
the negative impact of the parent's imprisonment on the child.
(h) Empirical studies have found that increased contact between
inmates those who are incarcerated and
their families can contribute to the reintegration of the
inmates incarcerated youth into the community
after release. Successful reintegration can reduce recidivism.
(i) Encouraging communication between incarcerated
adolescents young parents and their children
will benefit the state by contributing to decreased recidivism rates
among incarcerated adolescent young
parents, decreasing the likelihood that their children will one day
be involved with the criminal justice system, and allowing for better
reintegration of incarcerated adolescents
youth into their families and communities upon their release.
(j) It is imperative to intervene into in
this cycle of incarceration, and this act targets the children
that are most at risk for later involvement with the criminal justice
system -- the children of incarcerated adolescent
young parents.
SEC. 2. Section 209.5 is added to the
Welfare and Institutions Code , to read:
209.5. (a) Local juvenile detention facilities shall consider the
well-being of the children of parents who are in the custody of
those facilities. Visitation policies shall provide opportunities for
meaningful contact between incarcerated parents and their children.
"Meaningful contact" shall include, when feasible, contact visits.
(b) A juvenile who is a parent, who is involved in caring for his
or her child, and who is authorized for telephone communication,
shall be permitted to place telephone calls to his or her child, and
to the child's other parent, caregiver, social worker, teacher,
physician, other service providers for the child, and any other
individuals who are involved in the upbringing and caregiving of the
child, within the restriction policy for telephone use at the local
juvenile detention facility. Nothing in this subdivision shall change
the number of calls, length of calls, and call schedule as defined
by the restriction policy for telephone use.
(c) As used in this section, "local juvenile detention facility"
means any city, county, or regional facility used for the confinement
of juveniles for more than 24 hours.
SEC. 3. Section 224.71 of the Welfare
and Institutions Code is amended to read:
224.71. It is the policy of the state that all youth confined in
a facility of the Division of Juvenile Facilities shall have the
following rights:
(a) To live in a safe, healthy, and clean environment conducive to
treatment and rehabilitation and where they are treated with dignity
and respect.
(b) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(c) To receive adequate and healthy food and water, sufficient
personal hygiene items, and clothing that is adequate and clean.
(d) To receive adequate and appropriate medical, dental, vision,
and mental health services.
(e) To refuse the administration of psychotropic and other
medications consistent with applicable law or unless immediately
necessary for the preservation of life or the prevention of serious
bodily harm.
(f) To not be searched for the purpose of harassment or
humiliation or as a form of discipline or punishment.
(g) To maintain frequent and continuing contact with parents,
guardians, siblings, children , the other parent of a child and
the child's caregiver, social worker, teacher, physician, and other
service providers involved in the upbringing and caregiving of the
child , and extended family members ,
through visits, telephone calls, and mail.
(h) To make and receive confidential telephone calls, send and
receive confidential mail, and have confidential visits with
attorneys and their authorized representatives, ombudspersons and
other advocates, holders of public office, state and federal court
personnel, and legal service organizations.
(i) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(j) To have regular opportunity for age-appropriate physical
exercise and recreation, including time spent outdoors.
(k) To contact attorneys, ombudspersons and other advocates, and
representatives of state or local agencies, regarding conditions of
confinement or violations of rights, and to be free from retaliation
for making these contacts or complaints.
(l) To participate in religious services and activities of their
choice.
(m) To not be deprived of any of the following as a disciplinary
measure: food, contact with parents, guardians, or attorneys, sleep,
exercise, education, bedding, access to religious services, a daily
shower, a drinking fountain, a toilet, medical services, reading
material, or the right to send and receive mail.
(n) To receive a quality education that complies with state law,
to attend age-appropriate school classes and vocational training, and
to continue to receive educational services while on disciplinary or
medical status.
(o) To attend all court hearings pertaining to them.
(p) To have counsel and a prompt probable cause hearing when
detained on probation or parole violations.
(q) To make at least two free telephone calls within an hour after
initially being placed in a facility of the Division of Juvenile
Facilities following an arrest.
SEC. 2. SEC. 4. Section 1712.1 of
the Welfare and Institutions Code is amended to read:
1712.1. (a) A ward confined in a facility of the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall be encouraged to communicate with family members, clergy, and
others, and to participate in programs that will facilitate his or
her education, rehabilitation, and accountability to victims, and
that may help the ward become a law-abiding and productive member of
society. If the division or a facility requires a ward to provide a
list of allowed visitors, calls, or correspondents, that list shall
be transferable from facility to facility, so that the transfer of
the ward does not unduly interrupt family and community
communication.
(b) If (1)
A ward shall be allowed a minimum of four telephone calls to his
or her family per month. Except in cases where it is documented that
such contact is not in the best interest of the child, if the
ward has a child, the ward may communicate, both over the
phone telephone and in writing, with all of the
following persons in order to aid in the attachment and involvement
of the ward in his or her child's life, to increase the ward's
ability to parent the child, and to reduce the detrimental impact on
the ward's child as a result of having an incarcerated parent:
(1)
(A) The ward's child.
(2)
(B) The other parent of the child.
(3)
(C) Any caregiver, social worker, teacher, or physician
of the child.
(4)
(D) Any other person involved with the upbringing and
caretaking of the ward's child.
(c) A ward shall be allowed a minimum of four telephone calls to
his or her family per month. A
(2) A restriction or reduction of
the minimum amount of telephone calls allowed to a ward shall not be
imposed as a disciplinary measure. If calls conflict with
institutional operations, supervision, or security, telephone usage
may be temporarily restricted to the extent reasonably necessary for
the continued operation and security of the facility. When speaking
by telephone with a family member, clergy, or counsel
counsel, or any other individual included in paragraph
(1) , a ward may use his or her native language or the native
language of the person to whom he or she is speaking. Nothing in
this section shall be construed to limit any right defined by any
other statute.
(d)
(c) (1) If a ward's visitation rights are suspended,
division or facility staff shall be prepared to inform one or more
persons on the list of those persons allowed to visit the ward, if
any of those persons should call to ask.
(2) The division or facility shall maintain a toll-free telephone
number that families and others may call to confirm visiting times,
and to provide timely updates on interruptions and rescheduling of
visiting days, times, and conditions.
(3) (A) The division shall encourage correspondence with family
or clergy , clergy, counsel, or any other
individual included in paragraph (1) of subdivisio n (b)
by providing blank paper, envelopes, pencils, and postage.
Materials shall be provided in a manner that protects institutional
and public safety.
(B) When corresponding with a family member, clergy, or
counsel counsel, or any other individual included in
paragraph (1) of subdivision (b) in writing, the ward may use
his or her native language or the native language of the person to
whom he or she is writing.
(C) Blank paper, envelopes, and pencils shall not be deemed
contraband nor seized except in cases where the staff determines that
these items would likely be used to cause bodily harm, injury, or
death to the ward or other persons, or, based on specific history of
property damage by the individual ward, would likely be used to cause
destruction of state property. If the staff asserts that it is
necessary to seize materials normally used for correspondence, the
reasons for the seizure shall be entered in writing in the ward's
file or records.
SEC. 5. 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.
