BILL ANALYSIS                                                                                                                                                                                                    



SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614         Fax: (916) 327-4478
                                                              
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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  
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  
                                                     
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                                                     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).
                                                     
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                                                     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
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