LEGISLATIVE COUNSEL'S DIGEST SB 1221,
Calderon. Prisoners: civil rights.
Under existing law, a person sentenced to imprisonment in a state prison may during that period of confinement be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law additionally enumerates certain civil rightsof a state prisoner, including, among others, the right to inherit, own, sell, or convey real or personal property and to purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. This bill would delete from those enumerated civil rights of a state prisoner the right to have personal visits.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2601 of the Penal Code is amended to read: 2601. Subject only to the provisions of that section, each person described in Section 2600 shall have the following civil rights: (a) Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment.
Prohibit sales or conveyances that are made for business purposes. (b) To correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (c) (1) To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office.
Pursuant to this section, prison authorities may exclude any of the following matter: (A) Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained. (B) Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence. (C) Any matter concerning gambling or a lottery.
(2) Nothing in this section shall be construed as limiting the right of prison authorities to do the following: (A) Open and inspect any and all packages received by an inmate. (B) Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in his or her cell or elsewhere in the prison at one time. (d) To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure. (e) To marry. (f) To create a power of appointment. (g) To make a will. (h) To receive all benefits provided for in Sections 3370 and 3371of the Labor Code and in Section 5069.
SEC. 2. The Legislature finds and declares that the provision
of any privileges to inmates in the state prison may be granted pursuant
to prison rules or regulations promulgated for that purpose.
SENATE THIRD READINGSB 1221 (Calderon) As Amended April 22, 1996
Majority vote SENATE VOTE: 25-6 PUBLIC SAFETY 6-2 APPROPRIATIONS 13-1 Ayes: Setencich, Boland, Bowler,Ayes: Poochigian, V. Brown, Aguiar, Martinez, K. Murray, Rainey Baca, Bordonaro, Brewer, Bustamante, Frusetta, Goldsmith, Olberg, Rogan, Takasugi, Setencich Nays: Villaraigosa, Kuehl
SUMMARY: Eliminates certain enumerated rights contained in the "Prisoner Bill of Rights."
Specifically, this bill:
1) Provides that prisoners have the right to inherit, own, sell or convey real or personal property, including all written and artistic material produced or created by that person during the period of imprisonment except as provided in Civil Code Section 2225. Civil Code Section 2225 ("Son of Sam Law") provides that proceeds from the sale, by a convicted felon, of the story or material based on their felony, is to be held in an involuntary trust.
2) Deletes the provision which entitles inmates to receive personal visits. FISCAL EFFECT: According to the Assembly Appropriations Committee analysis, the California Department of Corrections (CDC) indicates minimal cost for staff time needed to revise and implement the new regulations.
UNDER EXISTING LAW: 1) The Legislature finds and declares that the purpose of imprisonment for crime is punishment. 2) The Director of the CDC is vested with the supervision, management and control of 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. 3) State prisoners may, during confinement, be deprived of only those rights as are reasonably related to legitimate penological interests. 4) Certain civil rights of a state prisoner are specified. For instance, 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 are subject to specified limitations. Restrictions on obscene publications or writings and matters tending to incite to violence may specifically be restricted.
BACKGROUND: According to the author: "The intent of SB 1221, as passed by the Assembly Committee on Public Safety, is to return control of most inmate activities to the Director of the California Department of Corrections.
By most we mean those not guaranteed by the Constitution.
These activities, by removing them from statute as "rights,"
would effectively become privileges. As such, they
may be given or revoked. This will provide the
Director with a more effective tool for behavior modification."
Analysis prepared by: Martin Gonzalez / apubs / 445-3268
VOTES - ROLL CALLMEASURE:
(AYES 25. NOES 2.) (PASS) AYES **** Ayala Beverly Calderon CostaCraven Haynes Hughes Hurtt Johannessen Johnson Johnston Kelley Kopp Leonard Leslie Lewis Lockyer Maddy Monteith Mountjoy O'Connell Peace Russell Thompson Wright
NOES **** Marks Watson
ABSENT, ABSTAINING, OR NOT VOTING ********************************* Alquist Boatwright Dills Greene Hayden Killea Mello Petris Polanco Rogers Rosenthal Sher Solis
Current Law on website 3-14-2002
2601. Subject only to the provisions of that section, each person