California 2023-2024 Regular Session Status: Passed Assembly 1 D cosponsors

AB 2709 — Prison visitation.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. This bill would prohibit a person sentenced to imprisonment in a state prison from being prevented from receiving personal visits, including, but not limited to, noncontact and family visits, unless necessary and narrowly tailored to further legitimate security and safety interests. The bill would specify conduct that could be deemed necessary and for legitimate security and safety interests if the conduct occurs within visiting areas during visiting hours or the conduct poses a clear and imminent risk of physical violence within visiting areas and during visiting hours. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law requires these regulations to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. This bill would prohibit the department from denying or restricting in-person contact and noncontact visits, except as specified. The bill would require the department to inform both the visitor and the incarcerated person of the specific reason for any denial of a visit, as specified. The bill would require the department to provide at least 3 days of in-person visiting per week. The bill would require all infrastructure and areas initially erected for the purposes of providing family visits for incarcerated persons to be used only for the purpose of family visits, except as provided. Existing law requires the department to develop policies related to its contraband interdiction efforts for individuals entering department detention facilities, including, but not limited to, the establishment of unpredictable, random search efforts and methods, as specified. This bill would prohibit the department from using strip searches, visual body cavity searches, and physical body searches of visitors under 18 years of age. The bill would require the department to maintain multiple methods by which to search visitors, including, but not limited to, metal detectors, body scanners, and other contactless screening methods. The bill would authorize the department to conduct a strip search of minors if the department has probable cause and obtains a warrant to search. The bill would require the department, when there is probable cause that a minor visitor is attempting to introduce contraband, unauthorized substances, or other unauthorized items into the institution, to notify the individual and their parent or guardian in writing, and would require the department to obtain consent from the minor and their guardian before conducting a search. The bill would permit the department to offer a noncontact visit, if feasible, or deny the visit if the minor and their parent or guardian do not consent to the minor being searched. The bill would require the department to issue a written notice detailing the reason for denial or restriction, as specified, if a visitor is denied visitation or has visitation restricted.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 2).

  5. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.

  6. Referred to Com. on PUB S.

  7. In Senate. Read first time. To Com. on RLS. for assignment.

  8. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 8. Page 5614.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. From committee: Amend, and do pass as amended. (Ayes 10. Noes 4.) (May 16).

  12. Assembly Rule 63 suspended.

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 2). Re-referred to Com. on APPR.

  15. Referred to Com. on PUB. S.

  16. From printer. May be heard in committee March 16.

  17. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2709 Bonta Assembly Third Reading

Passed 47 Yea · 8 Nay · 25 Other
Party YeaNayPresentNot Voting
Democratic 350012
Republican 1606
Unaffiliated 11207
Total 478025
% of votes cast 59%10%0%31%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Santiago — Yea
Holden — Not Voting
Mathis — Not Voting
Rodriguez — Not Voting
Villapudua — Not Voting
Essayli — Not Voting
Waldron — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Not Voting
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Schiavo, Pilar Democratic Not Voting
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Not Voting

Official roll call →

Do pass as amended.

Passed 10 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8001
Unaffiliated 2100
Republican 0300
Total 10401
% of votes cast 67%27%0%7%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Nay
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 4000
Republican 0002
Total 6002
% of votes cast 75%0%0%25%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Not Voting
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2709 do?
Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. This bill would prohibit a person sentenced to imprisonment in a state prison from being prevented from receiving personal visits, including, but not limited to, noncontact and family visits, unless necessary and narrowly tailored to further legitimate security and safety interests. The bill would specify conduct that could be deemed necessary and for legitimate security and safety interests if the conduct occurs within visiting areas during visiting hours or the conduct poses a clear and imminent risk of physical violence within visiting areas and during visiting hours. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law requires these regulations to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. This bill would prohibit the department from denying or restricting in-person contact and noncontact visits, except as specified. The bill would require the department to inform both the visitor and the incarcerated person of the specific reason for any denial of a visit, as specified. The bill would require the department to provide at least 3 days of in-person visiting per week. The bill would require all infrastructure and areas initially erected for the purposes of providing family visits for incarcerated persons to be used only for the purpose of family visits, except as provided. Existing law requires the department to develop policies related to its contraband interdiction efforts for individuals entering department detention facilities, including, but not limited to, the establishment of unpredictable, random search efforts and methods, as specified. This bill would prohibit the department from using strip searches, visual body cavity searches, and physical body searches of visitors under 18 years of age. The bill would require the department to maintain multiple methods by which to search visitors, including, but not limited to, metal detectors, body scanners, and other contactless screening methods. The bill would authorize the department to conduct a strip search of minors if the department has probable cause and obtains a warrant to search. The bill would require the department, when there is probable cause that a minor visitor is attempting to introduce contraband, unauthorized substances, or other unauthorized items into the institution, to notify the individual and their parent or guardian in writing, and would require the department to obtain consent from the minor and their guardian before conducting a search. The bill would permit the department to offer a noncontact visit, if feasible, or deny the visit if the minor and their parent or guardian do not consent to the minor being searched. The bill would require the department to issue a written notice detailing the reason for denial or restriction, as specified, if a visitor is denied visitation or has visitation restricted.
Who sponsors AB 2709?
AB 2709 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 2709?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2709?
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