BILL NUMBER: SB 470 INTRODUCED 02/17/95
An act to amend Sections 308, 2601, 2700, 3000, and 5005 of, to add Section 2603 to, and to repeal Section 5010 of, the Penal Code, relating to prisoners.
SB 470, as introduced, Leonard. Prisoners: work: parole: prohibited activities.
(1) Existing law provides that the Director of Corrections may sell or supply tobacco or tobacco products, including cigarettes and cigarette papers, to any person confined in any institution or facility under the director's jurisdiction, as specified, and may permit smoking by those persons in any correctional institution or facility.
This bill would delete those provisions and would specifically prohibit inmates imprisoned in a state prison from possessing or using tobacco products.
(2) Existing law lists certain civil rights to which a person sentenced to imprisonment in a state prison is entitled. One of those rights is the right to have personal visits, provided that the department may provide any restrictions that are necessary for the reasonable security of the institution. Existing law declares the intent of the Legislature to eliminate or restrict access to weights and weight lifting equipment, and declares that access to that equipment is a privilege.
This bill would specifically except conjugal visits from that right. In addition, the bill specifically would prohibit prisoners from having conjugal visits, using weights or weight lifting or training equipment, participating in contact sports, or viewing any television program that contains violence or sex.
(3) Under existing law, the Department of Corrections is required to require of every able-bodied prisoner imprisoned in any state prison as many hours of faithful labor in each day during the term of his or her imprisonment, as prescribed by the Director of Corrections.
This bill would require each inmate imprisoned in a state prison to work, unless there is a medical or security reason why he or she cannot work, as determined by the prison warden. The bill would specify that the type of work may consist of any labor activities deemed necessary or appropriate by the director.
(4) Existing law sets forth the terms of parole for inmates imprisoned in the state prison.
This bill would prohibit the early release of an inmate on parole unless he or she has attained the equivalent of an 8th grade education, or is deemed mentally or developmentally incapable of attaining that education.
(5) Existing law authorizes the Department of Corrections to maintain a canteen at any prison or institution under its jurisdiction for the sale to inmates of toilet articles, candy, tobacco products, notions, and other sundries, as specified by the director.
This bill would prohibit the sale of coffee, candy, tobacco products, or other commodities not deemed essential to an inmate' s health and well-being, as determined by the director.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
(a) To inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by such 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. 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 have personal visits . However, the , but not
conjugal visits. The department may provide any
additional restrictions that are necessary for the reasonable
security of the institution.
SEC. 3. Section 2603 is added to the Penal Code, to read:
2603. Inmates imprisoned in a state prison do not have the right to, and shall be prohibited from, the following:
(a) Possessing or using tobacco products.
(b) Using weights or weight lifting or training equipment.
(c) Participating in contact sports as part of a recreational activity.
(d) Viewing any television program that contains violence or sex, as determined by the Director of Corrections.
(e) Conjugal visits.
SEC. 4. Section 2700 of the Penal Code is amended to read:
2700. The Department of Corrections shall require of every
able-bodied prisoner imprisoned in any state prison as many
hours of faithful labor in each day and every day during
his or her term of imprisonment as shall be is
prescribed by the rules and regulations of the Director of
Corrections.
Each inmate imprisoned in a state prison shall be required to work, unless there is a medical or security reason why he or she cannot work, as determined by the warden of the prison in which he or she is confined. The work may consist of any labor activities deemed necessary or appropriate by the Director of Corrections.
The Director of Corrections shall develop work programs using prisoners to make the operation and construction of prisons as self-sufficient as possible, subject to security limitations. Those prisoners who are eligible to work, at a minimum, shall be assigned to manually produce electricity.
SEC. 6. Section 5005 of the Penal Code is amended to read:
5005. The department may maintain a canteen at any prison or
institution under its jurisdiction for the sale to persons
confined therein of toilet articles, candy, tobacco products,
notions, and other sundries, and may provide the necessary
facilities, equipment, personnel, and merchandise for the
canteen. The director shall specify what commodities shall be
sold in the canteen ; however, no coffee, candy, tobacco
products, or other commodities not deemed essential to an inmate'
s health and well-being, as determined by the director, may be
sold . The sale prices of the articles offered for sale
shall be fixed by the director at the amounts that will ,
as far as possible, will render each canteen
self-supporting. The department may undertake to insure against
damage or loss of canteen and handicraft materials, supplies
and equipment owned by the Inmate Welfare Fund of the Department
of Corrections as provided in Section 5006.
The canteen operations at any prison or institution referred to in this section shall be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted at the canteen and at least one copy shall be available to inmates at the library of each prison or institution.
SEC. 7. Section 5010 of the Penal Code is repealed.
5010. (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health and welfare of inmates and that exercise equipment and programs in correctional facilities should be consistent with this purpose.
The Legislature further finds and declares that in some cases it may be beneficial to provide access to weights for therapeutic or rehabilitative reasons under a doctor's order or for certain vocational activities such as firefighting.
(b) It is the intent of the Legislature that both the Department of Corrections and the Department of the Youth Authority eliminate or restrict access to weights and weight lifting equipment where it is determined that the particular type of equipment involved or the particular prison population or inmate involved poses a safety concern both in the correctional facility and to the public upon release. In those instances where inmates are allowed access to weights and weight lifting equipment, access shall be a privilege.
As a condition of inmate access to weights and weight lifting equipment, the departments may require inmates to participate in training in the proper use of weights and weight lifting equipment that emphasizes departmental rules and safety practices that must be observed when using weights and weight lifting equipment.
The directors of the departments, or their respective designees, may restrict individual or group access to weights and weight lifting equipment as deemed necessary for the orderly operation of the correctional facility.
(c) On or before July 1, 1995, both the Department of Corrections and the Department of the Youth Authority shall adopt regulations governing inmate access to weight lifting and weight training equipment in state prison and California Youth Authority facilities, respectively. In developing these regulations, the departments shall consider each of the following:
(1) Some prisoners may utilize weight equipment to develop strength and increase body mass and size rather than for the maintenance of general health. This use of weight equipment may create a risk of harm to other inmates, correctional officers, and staff and, upon release, to law enforcement officers and the general public.
(2) The improper use of weights and weight lifting equipment may result in injuries that require costly medical attention.
(3) Access to weights and weight lifting equipment by inmates may result in the use of the equipment by inmates to attack other inmates or correctional officers.
(d) Both the Department of Corrections and the Department of the Youth Authority shall report to the Chair of the Assembly Committee on Public Safety and the Chair of the Senate Judiciary Committee on or before July 1, 1995, regarding the regulations adopted pursuant to this section.
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