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 law requires the Department of Corrections and Rehabilitation to approve an attorney’s request to have a confidential call, as defined, with the inmate that they represent. Existing law requires the phone call to be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.

This bill would require local jail facilities to adopt the above-described confidential call process for inmates incarcerated persons and attorneys. The bill would specify that these provisions neither supplant nor limit an incarcerated person’s existing access to their attorney. By increasing the duties on local officials, this bill would create 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.