Bill Text: CA SB309 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Correctional facilities: religious accommodations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 388, Statutes of 2023. [SB309 Detail]
Download: California-2023-SB309-Introduced.html
intention intent of the Legislature that all prisoners confined in local detention facilities shall be afforded reasonable opportunities to exercise religious freedom. intention intent of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom.
Bill Title: Correctional facilities: religious accommodations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 388, Statutes of 2023. [SB309 Detail]
Download: California-2023-SB309-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 309
| Introduced by Senator Cortese (Principal coauthor: Assembly Member Reyes) (Coauthor: Assembly Member Kalra) |
February 06, 2023 |
An act to amend Sections 2601, 4027, and 5009 of, and to add Sections 2607 and 4027.5 to, the Penal Code, relating to correctional facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 309, as introduced, Cortese.
Correctional facilities: religious accommodations.
Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, 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 these prisoners, 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 exercise religious freedom, including accommodations for grooming and prescribed religious clothing and headwear, as specified. The bill would allow these rights to be denied only when it is the least restrictive means of achieving a compelling state interest in an immediate threat or specific demonstrable security risk to the facility, staff, or
others in custody. The bill would require a facility to accommodate these rights in specified ways, including, among others, by providing facility-issued religious garments or, if unavailable, allow the individual to retain their personal religious garment until a facility-issued garment becomes available. The bill would require the sheriff of each county or the administrator of each local detention facility to develop and implement a policy following these requirements on or before January 1, 2025. By imposing duties on local jails, this bill would create 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2601 of the Penal Code is amended to read:2601.
Subject only to the provisions of that section, each person described in Section 2600 shall have the following civil rights:(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 may restrict or prohibit sales or conveyances that are made for business purposes.
(b) To correspond, confidentially, with any member of the State Bar 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) Nothing in this section shall be construed as limiting the right of prison authorities to do the following:
(A) Open and inspect any and all packages received by an inmate.
(B) Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in his or her 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, 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 exercise religious freedom, including accommodations for grooming and prescribed religious clothing and headwear as provided in Section 2607.
SEC. 2.
Section 2607 is added to the Penal Code, to read:2607.
(a) An individual in custody of a state or local detention facility shall have the right to religious accommodation with respect to grooming, religious clothing, and headwear in observance of their sincerely held religious belief, at all times and throughout the facility, except if in furtherance of a compelling state interest in an immediate threat or specific demonstrable security risk to the facility, staff, or others in custody. Religious grooming, clothing, and headwear accommodations shall only be denied when doing so would be the least restrictive means of achieving these interests.(b) A facility shall do all of the following:
(1) (A) During the initial
booking, intake, and classification process, facility staff shall ask each individual entering into their custody whether the individual practices a sincerely held religious belief that requires accommodation with respect to grooming, religious clothing, or religious headwear.
(B) The facility shall provide the individual with a facility-issued religious garment or, if unavailable, allow the individual to retain their personal religious garment until a facility-issued garment becomes available. When the facility provides the individual with a facility-issued religious garment, the cost may be charged to the individual in custody.
(C) The facility shall not require an individual’s hair or beard be trimmed or cut during the booking, intake, or classification process and shall allow the individual in custody to maintain their hair and beard length according to their sincerely held
religious beliefs.
(2) When an individual in custody wearing a religious garment is searched, the facility shall do all of the following:
(A) Staff shall offer the individual in custody the opportunity to have this search conducted in a private space out of view of members of the opposite gender.
(B) The search shall, if requested, be conducted in a private area by staff of the same gender.
(C) Following the search, staff shall provide the individual with a facility-issued garment.
(D) If a facility-issued garment is unavailable, the individual shall be permitted to retain their personal religious garment.
(3) If an
individual in custody’s religion requires that their arms and legs be covered, the individual shall be provided access to facility-issued garments that fully cover their arms and legs.
(c) For purposes of this section, the following definitions apply:
(1) “Individual in custody” means a person confined to a state or local detention facility, including, but not limited to, a person in the booking process; in temporary holding pending release, transfer, or appearance in court; during or awaiting trial proceedings; awaiting arraignment; sentenced to imprisonment; and imprisoned upon conviction.
(2) “Local detention facility” has the same meaning as defined in subdivision (b) of Section 4027.
(3) “Religious grooming” shall be construed broadly to include
all forms of head, facial, and body hair that are part of an individual religious observance.
(4) “Religious clothing and headwear” includes, but is not limited to, a hijab, kufi, scarf, yarmulke, patka, turban, bandana, and modesty belief with regard to fully covering the arms and legs.
(d) This section applies without regard to whether the facility is operated pursuant to a contract with a private contractor and without regard to whether the individual in custody has been charged with or convicted of a crime.
SEC. 3.
Section 4027 of the Penal Code is amended to read:4027.
(a) (1) It is the(2) It is the intent of the Legislature that all prisoners confined in local detention facilities shall be afforded religious grooming, clothing,
and headwear accommodations in accordance with Section 2607.
As
(b) As used in this section “local detention facility” means any city, county, or regional facility used for the confinement of prisoners for more than 24 hours.
SEC. 4.
Section 4027.5 is added to the Penal Code, to read:4027.5.
(a) On or before January 1, 2025, the sheriff of each county or the administrator of each local detention facility shall develop and implement a religious grooming, clothing, and headwear policy for individuals in the custody of a local detention facility, including, but not limited to, county jails and holding facilities. The policy shall meet the minimum requirements of Section 2607 and be in accordance with accepted best practices.(b) For purposes of this section, “local detention facility” means any city, county, or regional facility used for the confinement of prisoners for more than 24 hours, as defined in subdivision (b) of Section 4027.
(c) This section applies without
regard to whether the facility is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime.
SEC. 5.
Section 5009 of the Penal Code is amended to read:5009.
(a) (1) It is the(2) It is the intent of the Legislature that all prisoners shall be afforded religious grooming, clothing, and headwear accommodations in accordance with Section 2607.
(b) (1) Except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, any member of the clergy or spiritual adviser who has been previously authorized by the Department of Corrections and Rehabilitation to visit that inmate shall be granted visitation privileges at the institution to which the inmate is transferred within 72 hours of the transfer.
(2) Visitations by members of the clergy or spiritual advisers shall be subject to the same rules, regulations, and policies relating to general visitations applicable at the institution to which the inmate is transferred.
(3) A departmental or volunteer chaplain who has ministered to or advised an inmate incarcerated in state prison may, voluntarily and without compensation, continue to minister to or advise
the inmate while he or she is
they are on parole, provided that the departmental or volunteer chaplain so notifies the warden and the parolee’s parole agent in writing.
(c) Nothing in this section limits the department’s ability to prohibit a departmental chaplain from ministering to a parolee, or to exclude a volunteer chaplain from department facilities, if either is found to be in violation of any law or regulation and that violation would ordinarily be grounds for adverse action or denial of access to a facility or person under the department’s custody.
