BILL ANALYSIS
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
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THIRD READING
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Bill No: SB 1221
Author: Calderon (D)
Amended: 5/30/95
Vote: 21
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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
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SUBJECT: Prisoners
SOURCE: California Correctional Peace Officers
Association
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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.
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SB
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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
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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).
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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
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