Code Section Group

Penal Code - PEN

PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10007]

  ( Part 3 repealed and added by Stats. 1941, Ch. 106. )

TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7445]

  ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. )

CHAPTER 10.7. Prison Visitation [6400 - 6404]
  ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

6400.
  

Any amendments to existing regulations and any future regulations adopted by the Department of Corrections which may impact the visitation of inmates shall do all of the following:

(a) Recognize and consider the value of visiting as a means to improve the safety of prisons for both staff and inmates.

(b) Recognize and consider the important role of inmate visitation in establishing and maintaining a meaningful connection with family and community.

(c) Recognize and consider the important role of inmate visitation in preparing an inmate for successful release and rehabilitation.

(Added by Stats. 2002, Ch. 238, Sec. 1. Effective January 1, 2003.)

6402.
  

The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the department’s contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications:

(a) Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees.

(b) Use of methods to ensure that profiling is not practiced during random searches or searches of all individuals entering the prison at that time.

(c) Establishment of unpredictable, random search efforts and methods that ensures that no one, except department employees specifically designated to conduct the random search, shall have advance notice of when a random search is scheduled.

(d) All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog.

(e) All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit.

(f) All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options.

(g) Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology.

(h) Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe.

(i) In determining which additional search options to offer visitors and staff, CDCR shall consider the use of full-body scanners.

(j) CDCR shall conduct an evaluation of a policy described in this section and provide an interim report to the Legislature by June 30, 2016, and a final report to the Legislature on April 30, 2017. This evaluation shall include, but not be limited to, the impact of the policy on:

(1) The amount of contraband, including drugs and cellular phones, found in the prisons where the policy was implemented.

(2) The number of staff assaults that occurred in the prisons where the policy was implemented.

(3) The number of serious rules violation reports issued in prisons where the policy was implemented, including any reduction in offender violence.

(4) The rates of drug use by inmates in the prisons where the policy was implemented.

(k) (1) The requirement for submitting a report imposed under subdivision (j) is inoperative on June 30, 2020, pursuant to Section 10231.5 of the Government Code.

(2) The reports to be submitted pursuant to subdivision (j) shall be submitted in compliance with Section 9795 of the Government Code.

(Amended by Stats. 2016, Ch. 33, Sec. 31. (SB 843) Effective June 27, 2016.)

6402.5.
  

(a) It is the intent of the Legislature that the Contraband Interdiction Pilot Program at the California Substance Abuse Treatment Facility and State Prison, Corcoran authorized by the Budget Act of 2018 be designed in such a way as to provide the Legislature with reliable information about how contraband enters prisons and what strategies are most cost effective in reducing inmate drug use.

(b) The Department of Corrections and Rehabilitation shall design the pilot program and submit a report to the Legislature by February 1, 2021, that includes all of the following:

(1) An assessment of the relative cost-effectiveness in reducing inmate drug use of each contraband interdiction strategy used in the pilot program, including medication assisted treatment.

(2) Data on and analysis of instances of contraband entering the prison, including, but not limited to, the following:

(A) How the contraband was brought or attempted to be brought into the prison.

(B) When the violation occurred.

(C) Whether the person who is alleged to have committed the violation is an inmate, staff member, visitor, volunteer, contractor, or other.

(D) The type of contraband involved.

(E) How the violation was discovered.

(F) Data on and analysis of arrests resulting from the violation, including, but not limited to, the number and type of arrests.

(G) Data on and analysis of disciplinary actions taken against staff or inmates as a result of their participation in efforts to bring contraband into the prison.

(3) An assessment of whether the pilot program caused declines in or any other observable impact on visitation.

(4) An assessment of whether the pilot program caused changes in the prevalence of violence or lockdowns in the prison.

(5) Any other data the department determines has probative value as to the efficacy of the pilot program.

(c) The pilot program shall require that entrance screening be conducted on every individual and package entering the prison and take place 24 hours per day, seven days per week. The department shall track and report on the use of entrance screening technology and equipment throughout the pilot period. To the extent screening does not occur for any period of time on any given day, the department shall document the day of the week, date, and the length of time in which screening does not occur, including starting and ending times. The department shall also include the reason that screening was not conducted during that timeframe, including, but not limited to, technology failures and staffing issues.

(d) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.

(Added by Stats. 2018, Ch. 36, Sec. 25. (AB 1812) Effective June 27, 2018. Repealed as of January 1, 2022, by its own provisions.)

6404.
  

Inmates shall not be prohibited from family visits based solely on the fact that the inmate was sentenced to life without the possibility of parole or was sentenced to life and is without a parole date established by the Board of Parole Hearings.

(Added by Stats. 2016, Ch. 33, Sec. 32. (SB 843) Effective June 27, 2016.)

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