California Legal Codes and Statutes

Chapter 10.7 - Prison Visitation

California Penal Code — §§ 6400-6405

Sections (8)

§ 6400

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

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.
§ 6401

Added by Stats. 2022, Ch. 837, Sec. 2. (SB 1139) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.

(a)(1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:

(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to

sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.

(B) Medical release of information form.

(C) Medical power of attorney form.

(D) Next of kin form authorizing control over body and possessions in case of death.

(2)Incarcerated persons shall have the ability

to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).

(b)Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a

telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).

(1)When the incarcerated person has been admitted to the hospital for a serious

or critical medical

condition, as defined in subparagraph (A).

(A)Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all

persons covered by the current medical release of information form about the incarcerated person’s health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:

(i)A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.

(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.

(iii) The incarcerated person has been admitted to a public or community hospital.

(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.

(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether

they want to add people to any of the forms included in

subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated person’s condition and facilitate a

telephone call between the incarcerated person and the designated

persons, if one is requested.

(2)The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(a)has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.
(c)Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized

due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patient’s current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial

within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person.

(d)For purposes of this section, “hospital” shall include an on-site facility set up to provide hospital-like services during a public health emergency.
§ 6401.5

Added by Stats. 2022, Ch. 837, Sec. 3. (SB 1139) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.

The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated person’s health care information and records to the designated person, the department’s failure to provide notice to the designated person as required by subparagraph

(A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the department’s failure to provide adequate medical care and treatment. The department’s grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.

§ 6401.8

Added by Stats. 2022, Ch. 837, Sec. 4. (SB 1139) Effective January 1, 2023.

The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.

§ 6402

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

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.
§ 6404

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

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.

§ 6404.5

Added by Stats. 2024, Ch. 738, Sec. 3. (AB 2740) Effective January 1, 2025.

(a)The department shall expedite a family visitation application process for incarcerated pregnant persons in order to prevent delays for visitation for the incarcerated mother and newborn child following delivery.
(b)Eligibility for family visitation for the incarcerated mother to see their newborn child shall be allowed as available, unless the department has made a case-by-case determination that the incarcerated mother would pose a threat of harm to their newborn child.
§ 6405

Added by Stats. 2023, Ch. 47, Sec. 22. (AB 134) Effective July 10, 2023.

(a)By July 1, 2024, upon request by a visitor, the department shall scan documents into the Strategic Offender Management Systems (SOMS), including, but not limited to, all of the following:
(1)A birth certificate for a visiting minor.
(2)A parental consent form for a visiting minor.
(3)A marriage license or domestic partnership form for a person attending an approved family visit.
(4)A birth certificate for a parent or sibling attending an approved family visit.
(5)A medical note

for a visitor.

(b)For an in-person visit, the department shall allow a visitor with an infant or toddler to bring items, including, but not limited to, all of the following:
(1)A combination of six factory-sealed single-serving packets of baby formula or four transparent plastic baby bottles or cups that are empty or contain premixed formula, milk, almond milk, soy milk, rice milk, lactose-free milk, juice, or water; a breast pump and associated supplies; and refrigerated or frozen breastmilk.
(2)Six nonglass containers of baby food or snacks in sealed packaging.
(3)Two plastic spoons.
(4)Ten disposable diapers.
(5)One

sealed package of baby wipes.

(6)Three changes of clothing.
(7)Two small blankets.
(8)Two pacifiers.
(9)Three burp cloths.
(10)Diaper cream.
(11)A baby carrier or wrap.
(12)A clear plastic diaper bag.
(c)For an approved family visit, the department shall allow a visitor to bring items, including, but not limited to, all of the following:
(1)Personal linens, including a mattress cover, flat sheet, fitted sheet, single layer

blanket, bath towel, hand towel, and washcloth, for each person and for the length of the visit.

(2)A bath mat and disposable shower curtain.
(3)An unopened, sealed lubricant bottle.
(4)Items for infants or toddlers, including all of the following:
(A)A combination of 14 factory-sealed single-serving packets of baby formula; one factory-sealed container of milk for each day of the visit, including formula milk, almond milk, soy milk, oat milk, rice milk, or lactose-free milk; four transparent plastic baby bottles or cups; a breast pump and associated supplies; and refrigerated or frozen breastmilk.
(B)Two gallons of factory-sealed distilled water.
(C)Factory-sealed juice.
(D)Six nonglass containers of baby food or snacks in sealed packaging for each day of the visit.
(E)Two plastic spoons.
(F)One package of diapers.
(G)One sealed package of baby wipes.
(H)Three changes of clothing for each day of the visit.
(I)Two small blankets.
(J)Two pacifiers.
(K)Three burp cloths.
(L)Diaper cream.
(M)A baby carrier or wrap.
(N)A clear plastic diaper bag.
(d)For an in-person visit or an approved family visit, the department shall allow a visitor to bring menstrual hygiene products.
(e)For an in-person visit or an approved family visit, the department shall allow a visiting minor to, at minimum, bring two non-battery-operated toys, two children’s books, and up to 10 pages of homework or coloring pages.
(f)This section does not preclude the department from conducting routine inspections of these items, including to search for contraband and to identify potential security risks.
(g)For purposes of this section, the

following definitions apply:

(1)“Infant” means a child less than 12 months of age.
(2)“Toddler” means a child 12 to 36, inclusive, months of age.