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SB-990 Inmates.(2017-2018)

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Date Published: 05/25/2018 09:00 PM
SB990:v97#DOCUMENT

Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 990


Introduced by Senator Wiener
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Chiu)

February 05, 2018


An act to amend Section 1279.5 of the Code of Civil Procedure, and to add Sections 2067 and 4033 to the Penal Code, relating to inmates.


LEGISLATIVE COUNSEL'S DIGEST


SB 990, as amended, Wiener. Inmates.
Existing law establishes the right of a person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail to petition the court to obtain a name or gender change. Existing law requires the department or county jail to use the new name of a person who obtains a name change in all documentation of the person, and to list the prior name only as an alias.
This bill would additionally require that in all verbal communications to or regarding a person under the jurisdiction of the department or imprisoned within a county jail, department staff, facility staff, and contractors use the new name of a person who has obtained a name change.
Existing law requires the Department of Corrections and Rehabilitation to consider certain factors in their inmate classification and housing assignment procedures to prevent sexual violence and promote inmate safety.
This bill would require that during the initial intake and classification process, the department afford each individual entering into custody an opportunity to specify the person’s gender identity, preferred first name, gender pronoun pronoun, and honorific, as defined, and would require that a person in the custody of the department who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person’s own alleged violation of criminal laws or institutional rules, have equal access to programming programs and work opportunities as provided opportunities, as provided, to the fullest extent possible, to individuals housed in general population, as specified. The bill would require the department to annually report to the Legislature, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review on its progress towards providing equal access to programs and work opportunities, as specified. The bill would require that staff and contractors of the department consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual.
Existing law requires inmate housing in jails to use a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff.
This bill would require that during the initial intake and classification process, the jail staff afford each individual entering into custody an opportunity to specify the person’s gender identity, preferred first name, gender pronoun pronoun, and honorific, as defined, and would require that a person in the custody of a county jail who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person’s own alleged violation of criminal laws or institutional rules, shall have equal access to programming programs and work opportunities as provided to individuals housed in general population, as specified. The bill would require that staff and contractors of the jail consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual. By imposing additional duties on local law enforcement entities, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1279.5 of the Code of Civil Procedure, as added by Section 3 of Chapter 856 of the Statutes of 2017, is amended to read:

1279.5.
 (a) Except as provided in subdivision (e) or (f), this title does not abrogate the common law right of a person to change his or her name.
(b) A person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail has the right to petition the court to obtain a name or gender change pursuant to this title or Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code.
(c) A person under the jurisdiction of the Department of Corrections and Rehabilitation shall provide a copy of the petition for a name change to the department, in a manner prescribed by the department, at the time the petition is filed. A person sentenced to county jail shall provide a copy of the petition for name change to the sheriff’s department, in a manner prescribed by the department, at the time the petition is filed.
(d) (1) In all documentation of a person under the jurisdiction of the Department of Corrections and Rehabilitation or imprisoned within a county jail, the new name of a person who obtains a name change shall be used, and prior names shall be listed as an alias.
(2) In all verbal communications to or regarding a person under the jurisdiction of the department or imprisoned within a county jail, department staff, facility staff, and contractors shall use the new name of a person who has obtained a name change.
(e) Notwithstanding any other law, a court shall deny a petition for a name change pursuant to this title made by a person who is required to register as a sex offender under Section 290 of the Penal Code, unless the court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety. If a petition for a name change is granted for an individual required to register as a sex offender, the individual shall, within five working days, notify the chief of police of the city in which he or she is domiciled, or the sheriff of the county if he or she is domiciled in an unincorporated area, and additionally with the chief of police of a campus of a University of California or California State University if he or she is domiciled upon the campus or in any of its facilities.
(f) For the purpose of this section, the court shall use the California Law Enforcement Telecommunications System (CLETS) and Criminal Justice Information System (CJIS) to determine whether or not an applicant for a name change is required to register as a sex offender pursuant to Section 290 of the Penal Code. Each person applying for a name change shall declare under penalty of perjury that he or she is not required to register as a sex offender pursuant to Section 290 of the Penal Code. If a court is not equipped with CLETS or CJIS, the clerk of the court shall contact an appropriate local law enforcement agency, which shall determine whether or not the petitioner is required to register as a sex offender pursuant to Section 290 of the Penal Code.
(g) This section shall become operative on September 1, 2018.

SEC. 2.

 Section 2067 is added to the Penal Code, to read:

2067.
 (a) (1) A person in the custody of the department who is placed for more than five days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person’s own alleged violation of criminal laws or institutional rules, shall have equal access to programming programs and work opportunities opportunities to the fullest extent possible, including work camps, offsite work, and in-facility work, as provided to individuals housed in general population. For purposes of this section, programming programs shall include educational and rehabilitative offerings, volunteer opportunities, vocational training, life skills classes, and any other courses or independent study programs made available to incarcerated individuals.
(2) The department, by January 31, 2020, and annually thereafter, shall report to the Legislature, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review on its progress towards providing equal access to programs and work opportunities to the persons described in this subdivision.
(3) A report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(b) During the initial intake and classification process, the department shall afford each individual entering into custody an opportunity to specify the person’s gender identity, preferred first name, gender pronoun pronoun, and honorific.
(c) A person under the jurisdiction of the department who has obtained a court ordered gender change or changed the gender marker on their birth certificate may submit documentation of the change to the department and thereafter the department or facility staff shall promptly repeat the process of offering the individual an opportunity to specify the gender pronoun and honorific most appropriate for staff to use in reference to that individual.
(1) For purposes of this section, “gender pronoun” means a third-person singular personal pronoun such as “he,” “she,” or “they.”
(2) For purposes of this section, “honorific” means a form of respectful address typically combined with an individual’s surname, such as “Mr.,” “Ms.,” or “Mrs.”.
(d) Staff and contractors of the department shall consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual.
(e) An incarcerated individual shall not be issued an identification card or identification wristband reflecting a gender marker different from the gender identity the individual has most recently specified pursuant to subdivision (b) or (c).

SEC. 3.

 Section 4033 is added to the Penal Code, to read:

4033.
 (a) A person in the custody of a county jail who is placed for more than five days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person’s own alleged violation of criminal laws or institutional rules, shall have equal access to programming programs and work opportunities opportunities, including work camps, offsite work, and in-facility work, as provided to individuals housed in general population. For purposes of this section, programming programs shall include educational and rehabilitative offerings, volunteer opportunities, vocational training, life skills classes, and any other courses or independent study programs made available to incarcerated individuals.
(b) During the initial intake and classification process, the county jail shall afford each individual entering into custody an opportunity to specify the person’s gender identity, preferred first name, gender pronoun pronoun, and honorific.
(1) For purposes of this section, “gender pronoun” means a third-person singular personal pronoun such as “he,” “she,” or “they.”
(2) For purposes of this section, “honorific” means a form of respectful address typically combined with an individual’s surname, such as “Mr.,” “Ms.,” or “Mrs.”.
(c) A person under the jurisdiction of a county jail who has obtained a court ordered gender change or changed the gender marker on their birth certificate may submit documentation of the change to the department and thereafter the facility staff shall promptly repeat the process of offering the individual an opportunity to specify the gender pronoun and honorific most appropriate for staff to use in reference to that individual.
(d) Staff and contractors of the county jail shall consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual.
(e) An incarcerated individual shall not be issued an identification card or identification wristband reflecting a gender marker different from the gender identity the individual has most recently specified pursuant to subdivision (b) or (c).

SEC. 4.

 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.