AMENDED IN SENATE AUGUST 4, 2020

AMENDED IN SENATE JUNE 30, 2020

AMENDED IN ASSEMBLY MAY 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

94

CHAPTER 333

Statutes of 2020

[ Approved by Governor September 30, 2020. Filed with Secretary of State September 30, 2020. ]

Introduced by Assembly Member Jones-Sawyer

(Coauthor: Assembly Member Kamlager)

February 21, 2020

An act to add Section 5058.7 to the Penal Code, relating to corrections.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides that an inmate in state prison has specified civil rights, including, among others, the right to confidentially correspond with a member of the State Bar of California. Existing regulations adopted by the Department of Corrections and Rehabilitation permit an inmate to make a confidential call, as defined, with the inmate’s attorney only as approved on a case-by-case basis by the institution head or their designee, as specified.

This bill would require the department to approve an attorney’s request to make confidential calls, as specified. The bill would require the department to provide the inmate at least 30 minutes once per month, per case, to make those calls, unless the inmate or attorney requests less time.

The people of the State of California do enact as follows:

SECTION 1.

Section 5058.7 is added to the Penal Code, to read:

5058.7.

(a) The department shall approve an attorney’s request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.

(b) For purposes of this section, “confidential call” means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.