AMENDED IN ASSEMBLY APRIL 6, 2026
AMENDED IN SENATE MAY 23, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Senator Becker
February 19, 2025
An act to add Section 874 to the Welfare and Institutions Code, relating to hygiene products. amend Section 2084.5 of the Penal Code, relating to corrections.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Under existing law, a person sentenced to imprisonment in state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived only of those rights as are reasonably related to legitimate penological interests. Existing law requires the Department of Corrections and Rehabilitation to provide inmates with accessible, functional voice communication services free of charge to the person initiating and the person receiving the communication.
This bill would additionally require the department to provide inmates electronic messaging services as described above. The bill would prohibit staff at a department facility, if an incarcerated individual is authorized to possess and use a tablet or other device for voice communications, from disconnecting any communications conducted by the individual on the device based solely on the duration of the call.
Existing law allows the sheriff of each county to operate a store in connection with the county jail, and authorizes the chief probation officer of each county to operate a store in connection with the juvenile hall or other county juvenile facilities, to sell confectionary, postage and writing materials, and toilet articles and supplies to wards and juvenile detainees. Existing law also provides that all youth confined in juvenile facilities have specified rights, including, among others, the right to receive adequate personal hygiene items.
This bill would require that indigent wards or detainees be provided basic hygiene products free of charge and require that those individuals have guaranteed access to hygiene products, upon their request. The bill would prohibit an indigent ward or detainee from being denied access to hygiene products as a disciplinary measure. The bill would prohibit debt from being accrued as a result of the provision of hygiene products to indigent wards or detainees and would require any debt accrued for the provision of hygiene products prior to January 1, 2026, to be discharged. By expanding the duties of probation officers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 2084.5 of the Penal Code is amended to read:
2084.5.
(a) A state prison or youth residential placement or detention center operated by the Department of Corrections and Rehabilitation shall provide persons in their custody and confined in a correctional or detention facility with accessible, functional voice communication and electronic messaging services free of charge to the person initiating and the person receiving the communication. The Department of Corrections and Rehabilitation shall have operational discretion in implementing this subdivision such that free voice communication and electronic messaging services do not interfere with necessary programming.
(b) A state agency shall not receive revenue from the provision of voice communication services or any other communication services to a person confined in a state correctional or detention facility.
(c) If an incarcerated individual is authorized to possess and use a tablet or other device for voice communications, facility staff shall not disconnect any communications conducted by the individual on the device based solely on the duration of the call.
The Legislature finds and declares all of the following:
(a) Hygiene is essential for public health and necessary for the welfare of incarcerated people.
(b) Readily accessible hygiene products are a basic need and essential for the dignity of all human beings.
(c) Indigent people incarcerated in county detention facilities are unable to access hygiene products in the commissary because they do not have the ability to pay, and, as a result, either end up accruing debt to be provided hygiene products by the facility or going without regular access to basic hygiene products needed to maintain their hygiene.
(d) Access to hygiene products should not be deprived as a disciplinary measure against indigent people and the ability to access hygiene products cannot be based on race, gender, physical traits, color, religious affiliation, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
SEC. 2.
Section 874 is added to the Welfare and Institutions Code, to read:
874.
(a) An indigent ward or detainee shall be provided basic hygiene products free of charge and shall have guaranteed access to hygiene products, upon their request.
(b) An indigent ward or detainee shall not be denied access to hygiene products as a disciplinary measure and the provision of hygiene products to an indigent ward or detainee shall not be used as a reward.
(c) Debt shall not accrue to an indigent ward or detainee for the provision of hygiene products, and any debt accrued prior to January 1, 2026, including associated fees, charges, and interest, for the provision of hygiene products shall be discharged.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Hygiene products” means soap, toothpaste, toothbrushes, menstrual products, deodorant, lotion, disinfectant wipes, and single-bladed razors.
(2) “Indigent ward or detainee” means a ward or detainee confined in a county juvenile facility who has had twenty-five dollars ($25) or less in their trust account over the last seven days.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.