BILL ANALYSIS SENATE COMMITTEE ON JUDICIARY S David Roberti, Chairman B 1993-94 Regular Session 2 2 X SB 22x (Peace) As amended on May 4, 1994 Hearing date: July 5, 1994 Penal Code SAH:rn DEPARTMENT OF CORRECTIONS/DEPARTMENT OF YOUTH AUTHORITY - RESTRICTIONS ON ACCESS TO WEIGHT TRAINING EQUIPMENT- HISTORY Source: Author Prior Legislation: None Support: Unknown Opposition: California Probation, Parole and Correctional Association; Prison Law Office (THIS ANALYSIS REFLECTS AUTHOR'S AMENDMENTS TO BE OFFERED IN COMMITTEE) KEY ISSUE SHOULD ANY PERSON CONFINED IN DEPARTMENT OF CORRECTIONS AND DEPARTMENT OF YOUTH AUTHORITY INSTITUTIONS BE PROHIBITED FROM HAVING ACCESS TO WEIGHT TRAINING EQUIPMENT DESIGNED TO INCREASE PHYSICAL STRENGTH? PURPOSE Existing law prohibits a state prisoner from being deprived of šrights other than those necessary to provide for the reasonable šsecurity of the institution and for the reasonable protection of šthe public. (Penal Code Section 2600) (More) SB 22x (Peace) Page 2 Existing law specifies certain civil rights of a state prisoner, šincluding, among others, the right to own property, correspond šconfidentially with any member of the State Bar, receive and read šall legal materials, have personal visits, initiate civil actions, šmarry, and make a will, all subject to specified limitations. š(Penal Code Section 2601) Existing law contains other specific "rights" for inmates, šincluding: -it is unlawful to use any cruel, corporal or unusual punishment šor any treatment or lack of care which would injure or impair the šhealth of the prisoner. (Penal Code Section 2652 added in 1941; šsee Art. 1, Section 15, Calif. Const.) -it is the intent of the Legislature that all prisoners shall be šafforded reasonable opportunities to exercise religious freedom. š(Penal Code Section 5009 first added in 1972) The Youth Authority Act (Welfare and Institutions Code Sections š1700 et seq.) creates the Department of Youth Authority. Section š1700 states the purpose of the Act is "to protect society from the šconsequences of criminal activity and to such purpose training and štreatment shall be substituted for retributive punishment and shall šbe directed toward the correction and rehabilitation of young špersons who have committed public offenses." Youth Authority wards "shall be afforded reasonable opportunities što exercise religious freedom." (W. & I. Code Section 1705) In addition, the California Supreme Court has opined that "Youth šAuthority wards are similarly situated to state prisoners to the šextent that their rights are restricted by security measures šunrelated to any rehabilitation or treatment objectives. šConsequently, wards are entitled to the protection of the šprovisions of section 2600 Penal Code!." In re Arias, (1986) 42 šCal. 3d 667, 689. This bill would prohibit any person confined by the Department of šCorrections or the Department of Youth Authority from having access što weight training equipment designed to increase physical šstrength. The purpose of this bill is to prohibit access by inmates and wards što weight training equipment. (More) SB 22x (Peace) Page 3 COMMENT 1. Source of this bill. On April 10, 1994, the Pryce-Stupak amendment to the Federal Crime Bill was considered and adopted in Congress as follows: "The Bureau of Prisons shall take care that- (1) prisoners under its jurisdiction do not engage in any activities designed to increase their physical strength or their fighting ability; and (2) that all equipment designed for this purpose be removed from Federal correctional facilities." Speaking in support of the amendment, Congresswoman Pryce said: "Very simply, it prohibits weight training and fighting instruction within our Federal prisons. With the dual benefit of making prisons safer for our corrections officers and helping protect potential crime victims. Not only is this equipment used inside prisons as weapons - but it also supplies a means for many prisoners, already prone to violence, to increase their strength and bulk. We have unwittingly been mass producing a super breed of criminals. As a former prosecutor and judge, I understand the value of exercise as an inmate management toll. But, there are so many other forms of exercise - including basketball, jogging, aerobics, handball, and calisthenics - that cost much less and make more sense...If you want to stop building a better thug, support the Pryce-Stupak amendment. Let us replace barbells with books." 2. Current practice. Neither the Department of Corrections nor the Department of Youth Authority has communicated any position on this bill. The Department of Corrections has indicated that general authority exists to deal with whatever problems may arise pertaining to "weight piles" in prison yards, including security concerns and control of inmate access to weight training areas. 3. Language in this bill. The proposed federal language is not entirely clear since any activity which increases physical strength, including isometric exercises in a cell, may fall into the category of activities which are to be proscribed. (More) SB 22x (Peace) Page 4 The proposed federal language may also be intended to prohibit not only "fighting" equipment such as punching bags, but also inmate or ward practice of "fighting" or defensive activities such as judo or karate. While it may be that the federal and authorities would exercise care and restraint in implementing any language adopted, the federal language may not be as precise as might be hoped. BECAUSE OF THE IMPRECISION OF THE FEDERAL LANGUAGE, THE AUTHOR IS OFFERING AMENDMENTS TO THIS BILL TO SIMPLY RESTRICT INMATE ACCESS TO WEIGHT TRAINING EQUIPMENT DESIGNED TO INCREASE PHYSICAL STRENGTH. 4. Opposition to this bill. The Prison Law Office contends the language in the bill as amended on May 4, 1994, regarding physical strength activities is "hopelessly vague" and that "weight-piles and other weight-lifting equipment provide prisoners with an opportunity to channel their energy in a non-violent manner.... ." WHILE THE OPPONENTS TO THE CURRENT VERSION OF THIS BILL MAY STILL BE OPPOSED TO THE BILL AS THE AUTHOR INTENDS TO AMEND IT, THE AUTHOR'S AMENDMENTS HAVE SIMPLIFIED THE BILL. 5. Proposed repeal of the "Inmates Bill of Rights". This committee has previously passed SB 1260 (Presley) which would repeal Penal Code Section 2601 and change Section 2600 to give the Department of Corrections more power to control inmate activity. AB 20x (Andal), which is similar, was passed by the Assembly and has now been referred to this committee as well. If either bill is enacted, it will give the Department of Corrections and the Department of Youth Authority even more authority to take whatever action is deemed necessary to control inmate activities in California. ***********