BILL ANALYSIS SENATE RULES COMMITTEE Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . THIRD READING . Bill No: SB 1221 Author: Calderon (D) Amended: 5/30/95 Vote: 21 . SENATE CRIMINAL PROCEDURE COMMITTEE: 4-3, 4/18/95 AYES: Beverly, Campbell, Kopp, Boatwright NOES: Polanco, Watson, Marks SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 . SUBJECT: Prisoners SOURCE: California Correctional Peace Officers Association . DIGEST: This bill amends the existing enumerated ocivil rightso of state inmates in Penal Code 2601. The bill adds new statutory language to provide that inmates are entitled to only those rights established by the state and federal constitutions, and that any other activities and privileges permitted inmates shall be subject to rules established by the Director of Corrections. This bill provides that legislative findings be adopted that the provision of any rights beyond those in Section 2601 are an unnecessary burden and cost to the law-abiding citizens and taxpayers of California. CONTINUED SB 1221 Page 2 Senate Floor Amendments of 5/30/95 restore the right to initiate civil actions, and delete and recast legislative intent language. ANALYSIS: Under existing law, the Legislature finds and declares that the purpose of imprisonment for crime is punishment. (Penal Code Section 1170 - effective July 1, 1977, when the current Determinate Sentencing Law took effect) Under existing law, the Director of the Department of Corrections is vested with the supervision, management and control of the State prisons and is responsible for the care, custody, treatment, training, discipline and employment of persons confined in those prisons. The Director may prescribe rules and regulations for the administration of the prisons. Existing law generally provides that state prisoners may, during confinement, be deprived of only those rights as are reasonably related to legitimate penological interests. Existing law specifies certain civil rights of a state prisoner, including, among others, the right to own property, correspond confidentially with any member of the State Bar, receive and read all legal materials, have personal visits, initiate civil actions (subject to a $3 fee), marry, and make a will, all subject to specified limitations. Restrictions on obscene publications or writings and matters tending to incite to violence may specifically be restricted (Penal Code Section 2601). This bill would eliminate certain rights listed in P.C. 2601 for a state prisoner by providing that an inmate is entitled only to those rights established by the California Constitution and the US Constitution. Any other activities (heretofore rights under P.C. 2601) permitted to any inmate beyond those required constitutionally will be subject to rules established by the Director of Corrections, who may grant them as privileges and specify allowable conduct for inmates on a group or individual basis. Case law on the rights of inmates under the Constitution CONTINUED SB 1221 Page 3 clearly permit confidential access to an attorney, the right to own or transfer property, and the right to marry (as examples) would...continue to be controlling. CDC Director would have arguably greater control of inmate activities such as visitation. This bill contains legislative findings and declarations that the provision of any privileges to inmates in the state prison may be granted pursuant to prison rules or regulations, as specified. The purpose of this bill is to further curtail statutory rights of inmates. Prior Legislation SB 1260 (Presley), Chapter 555 of 1994; Senate vote 32-1 (No: Petris). FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: (Verified 5/30/95) California Correctional Peace Officers Association (source) Department of Corrections Attorney General Doris Tate Crime Victims Bureau OPPOSITION: (Verified 5/30/95) Prison Law Office American Civil Liberties Union California Attorneys for Criminal Justice Friends Committee on Legislation of California ARGUMENTS IN SUPPORT: The California Correctional Peace Officers Association (CCPOA) states that this bill is intended to complete the job started in SB 1260 last year (as introduced and first passed by the Senate, that measure would have deleted all of Penal Code Section 2601; it was amended in the Assembly to modify that section and the Senate concurred in those modifications). CONTINUED SB 1221 Page 4 The CCPOA adds that the result of the final version of SB 1260 ois confusion and a thwarting of the clear intent of proponents to reduce California inmate rights to the same as inmates in the 49 other states . . . California still has the nationos most liberal policies regarding inmate rights.o The intent of the sponsor is to run prisons in a common sense manner that returns control of omosto inmate activities to the Director. By omosto, we mean those not guaranteed by constitutions as a orighto. Those activities remaining would be privileges. As privileges, they can be given or revoked, based on an inmate earning that privilege. Only thus can we begin to teach inmates that they are accountable for their actions and there is a penalty for breaking the rules and a privilege for following them. To do otherwise, is to handcuff staff and only communicates the misguided notion that people deserve something for nothing. ARGUMENTS IN OPPOSITION: The opponents generally argue that this bill is both unnecessary and likely to result in new litigation. They suggest that the discussion last year which culminated in the enactment of SB 1260 gave the Director of Corrections significant new authority while maintaining a basic statutory list of inmate rights. RJG:ctl 5/30/95 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED