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SB-1146 Prisoners: rights.(2017-2018)

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Date Published: 04/26/2018 09:00 PM
SB1146:v97#DOCUMENT

Amended  IN  Senate  April 26, 2018
Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1146


Introduced by Senator Stone

February 14, 2018


An act to amend Section 2601 of the Penal Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


SB 1146, as amended, Stone. Prisoners: rights.
Existing law provides for certain enumerates the civil rights that are retained by prisoners, including the right to purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. correspond, confidentially, with any member of the State Bar or holder of public office, except that prison authorities are authorized to open and inspect incoming mail to search for contraband. Existing law also provides that prison authorities may exclude obscene publications or writings and open and inspect any and all packages received by an inmate.
Existing law authorizes a court to issue a restraining order or protective order enjoining the restrained party from contacting the protected party, as specified. Under existing law, violation of the terms of a restraining order is punishable as a misdemeanor and subsequent violations are punishable as a misdemeanor or felony.
This bill would authorize prison authorities to open and inspect outgoing mail for purposes of enforcing a restraining order or protective order against an inmate. inmate, but would prohibit prison authorities from opening or inspecting outgoing confidential correspondence between a prisoner and his or her attorney.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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. 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) This section does not limit 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.
(C) Open and inspect outgoing mail for purposes of enforcing a restraining order or protective order against an inmate. inmate. Prison authorities shall not open or inspect outgoing confidential correspondence between a person described in Section 2600 and his or her attorney.
(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.