BILL ANALYSIS
AB 627
Page 1
Date of Hearing: March 29, 2005
Counsel: Heather Hopkins
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 627 (Leslie) - As Introduced: February 17, 2005
SUMMARY : Provides that a clergy member or spiritual adviser
who has ministered to or advised an inmate may continue to do so
when the inmate is paroled as long as the clergy member or
spiritual adviser consents to do so in writing.
EXISTING LAW :
1)Provides legislative intent that all prisoners shall be
afforded reasonable opportunities to exercise religious
freedom. [Penal Code Section 5009(a).]
2)Provides that 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 California Department of
Corrections (CDC) to visit that inmate shall be granted
visitation privileges at the institution to which the inmate
is transferred within 72 hours of the transfer. [Penal Code
Section 5009(b).]
3)Provides that 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. [Penal Code Section 5009(c).]
4)Provides that employees must not engage in undue familiarity
with inmates, parolees, or the family and friends of inmates
or parolees. Whenever there is reason for an employee to have
personal contact or discussions with an inmate, parolee, or
the family and friends of inmates and parolees, the employee
must maintain a helpful but professional attitude and
demeanor. Employees must not discuss their personal affairs
with any inmate or parolee. (Title 15 California Code of
Regulations Section 3400)
AB 627
Page 2
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California
leads the nation with the highest rate of parolee failure.
79% of California's parolees fail to complete the conditions
of their parole. The cost of re-incarcerating failed parolees
is $900 million annually. While it costs $78 per day to house
an inmate, it costs only $8 per day to supervise a parolee.
Inmate involvement in religious programs is attributed to
reducing disciplinary problems by more than 40%. For every $1
spent on providing rehabilitative services, including prison
ministries, there is an average of $2 return in reduced
corrections costs. Religious advisors assume a
quasi-mentoring role for parolees, which is similar to that of
mentors and juvenile offenders. While data cannot be found
relative to the role of mentors and parolees, there is
substantial information to support mentors and juvenile
offenders.
"Juvenile offenders who have mentors in their lives are:
a) "70.7% less involved in stealing.
b) "56.3% less involved in vandalism.
c) "70.4% less involved in cigarettes or tobacco.
d) "50.0% less involved in alcohol.
e) "33.3% less involved in marijuana.
f) "60.9% less involved in gang activity
"Existing regulation prohibits CDC employees from contacting,
corresponding, or otherwise communicating with an inmate or
parolee, except in the execution of their assigned duties.
Current interpretation of this statute has included volunteers
and religious advisors in the category of individuals subject
to this prohibition.
"This bill would permit a religious representative who
counseled an inmate while incarcerated to continue counseling
while he or she is on parole as long as the religious
AB 627
Page 3
representative consents to doing so."
2)California Department of Corrections : Title 15, Section 3400
of the California Code of Regulations states, "Employees must
not engage in undue familiarity with inmates, parolees, or the
family and friends of inmates or parolees. Whenever there is
reason for an employee to have personal contact or discussions
with an inmate, parolee, or the family and friends of inmates
and parolees, the employee must maintain a helpful but
professional attitude and demeanor. Employees must not discuss
their personal affairs with any inmate or parolee."
The CCR applies to both CDC employees and volunteers. Thus,
both paid chaplains and volunteer religious personnel are
required to abide by the CCR as it applies to CDC. The
activity allowed by this bill may be seen as "undue
familiarity" and in violation of CDC regulations.
Furthermore, under the provisions of this bill, the warden of
the prison would not be required to give his or her consent
nor would the warden even be notified if a clergy member or
spiritual advisor consented in writing to continue to minister
or advise an inmate who is paroled.
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference of Bishops
Traditional Values Coalition
Voters Corrections Reform Coalition
Opposition
None on file
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744