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 amendSection 1712.1 ofSections 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 thephonetelephone 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:noyes . 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, werepregnantparents . (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 ofan arrest eventa 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 ofbecoming an inmatebeing incarcerated later in life; thus perpetuating intergenerational incarceration. (f) Communicationimproves 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 betweeninmatesthose who are incarcerated and their families can contribute to the reintegration of theinmatesincarcerated youth into the community after release. Successful reintegration can reduce recidivism. (i) Encouraging communication betweenincarcerated adolescentsyoung parents and their children will benefit the state by contributing to decreased recidivism rates among incarceratedadolescentyoung parents, decreasing the likelihood that their children will one day be involved with the criminal justice system, and allowing for better reintegration of incarceratedadolescentsyouth into their families and communities upon their release. (j) It is imperative to interveneintoin 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 incarceratedadolescentyoung 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 thephonetelephone 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 counselcounsel, 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 familyor 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 counselcounsel, 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.