1996
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       

Nays: Villaraigosa  

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."  
ARGUMENTS IN SUPPORT:  None  ARGUMENTS IN OPPOSITION:  None   

Analysis prepared by:  Martin Gonzalez / apubs / 445-3268 
VOTES: 
 

VOTES - ROLL CALLMEASURE:             SB 1221
AUTHOR: Calderon
TOPIC:     Prisoners:  civil rights.
DATE:      06/24/96
LOCATION:   SEN. FLOOR
MOTION:  UNFINISHED BUSINESS SB 1221 CALDERON               

(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
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.  However, to the extent authorized
in Section 2600, the Department of Corrections may restrict or
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, in
addition to any other filing fee authorized by law, 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 3371
of the Labor Code and in Section 5069.


Visiting Regulations

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