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CA AB958

Bill

Status

Engrossed

5/30/2023

Primary Sponsor

Mia Bonta

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Establishes the right to personal visits (in-person contact, non-contact, and family visits) as a civil right for incarcerated persons that cannot be infringed except to further a compelling security interest of the government.

  • Defines "family member" broadly to include spouses, parents, children, siblings, step/in-law/grand relatives, guardians, and persons with familial-style or mentoring relationships; defines "intimate partner" as spouses, domestic partners, significant others, cohabitants, or those with whom the incarcerated person has had a child or dating relationship.

  • Prohibits denying or restricting in-person visits based on a visitor's or incarcerated person's criminal history, parole/probation status, prior incarceration, unpaid fines, or pending charges—except for specific violent offenses or sex crimes against minors when there is substantial risk to a particular visitor.

  • Allows visits to be denied or restricted only for conduct during visits: bringing contraband, physical violence, escaping, engaging in sexual conduct with minors, or sexual conduct with adults outside family visits.

  • Requires the Department of Corrections and Rehabilitation to provide at least three days of in-person visitation per week with a minimum of seven visiting hours per day, and mandates written notice within three days for any visit denial explaining the specific reason.

Legislative Description

Prisons: visitation.

Last Action

In committee: Held under submission.

9/1/2023

Committee Referrals

Appropriations6/28/2023
Public Safety6/7/2023
Rules5/31/2023
Appropriations3/22/2023
Public Safety2/23/2023

Full Bill Text

No bill text available