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AB-1452 State prison.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB1452:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1452


Introduced by Assembly Member Ting

February 19, 2021


An act to amend Section 5009 of the Penal Code, relating to prisons.


LEGISLATIVE COUNSEL'S DIGEST


AB 1452, as amended, Ting. State prison.
Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison system. Existing law provides for the protection of religious freedoms for state prison inmates, as specified. Existing law requires, except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, a member of the clergy or spiritual adviser to be granted visitation privileges at the institution to which the inmate is transferred within 72 hours of the transfer if the member of the clergy or spiritual adviser has been previously authorized by the department to visit that inmate.
This bill would make technical, nonsubstantive changes to those provisions. instead require a member of the clergy or spiritual adviser to be granted those visitation privileges within 48 hours of the inmate’s transfer.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 5009 of the Penal Code is amended to read:

5009.
 (a) It is the intention intent of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom.
(b) (1) Except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, any member of the clergy or spiritual adviser who has been previously authorized by the Department of Corrections and Rehabilitation to visit that inmate shall be granted visitation privileges at the institution to which the inmate is transferred within 72 hours of the transfer. 48 hours of the transfer if the member of the clergy or spiritual adviser has been previously authorized by the Department of Corrections and Rehabilitation to visit that inmate.
(2) Visitations by members of the clergy or spiritual advisers shall be subject to the same rules, regulations, and policies relating to general visitations applicable at the institution to which the inmate is transferred.
(3) A departmental or volunteer chaplain who has ministered to or advised an inmate incarcerated in state prison may, voluntarily and without compensation, continue to minister to or advise the inmate while the inmate is on parole, provided that if the departmental or volunteer chaplain so notifies provides notification to the warden and the parolee’s parole agent in writing.
(c) This section does not limit the department’s ability to prohibit a departmental chaplain from ministering to a parolee, or to exclude a volunteer chaplain from department facilities, if either is found to be in violation of any law or regulation and that violation would ordinarily be grounds for adverse action or denial of access to a facility or person under the department’s custody.