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Friends Committee on Legislation

Background on SB 1362 (Betty Karnette, D., Long Beach) - March 13, 2002
FAMILY VISITS -- CHILDREN OF WOMEN PRSIONERS FACT SHEET

Senate Bill 1362 would give children of women prisoners serving life sentences the opportunity to have overnight visits on the prison grounds, subject to the same rules that govern overnight visits by the children of other women prisoners.

The problem: Children and family members of women prisoners serving life terms have difficulty maintaining family connections, yet they are denied the overnight visits that family members may have with women who are serving shorter terms. According to Dr. Terry Kupers, an Oakland psychiatrist and expert on correctional mental health issues, "mothers in prison who are denied quality visitation with their children usually suffer severe depression on account of being cut off from their offspring. The children suffer greatly from the separation - they feel responsible for their mother's absence and studies show that children of prisoners who are isolated from their parent behind bars tend to become isolated at school, do poorly in their studies and resort to drugs and crime."

Background: Since the early 1970's, prison officials have recognized that occasional overnight family visits are valuable not only to the children and families of prisoners, but to maintain morale in the institution. A woman in prison who is able to look forward to unpressured time with family members usually maintains a better attitude than she would otherwise.

However, the Department of Corrections was pressured to reduce the number of overnight visits in the mid-1990's, and adopted regulations to prohibit overnight visits with any inmate serving a life term until such time as she or he has a parole date established by the Board of Prison Terms. This change in policy was not based on security or cost issues, but seems to have been in part the result of some instances where children were conceived during such visits.

Recommendation: SUPPORT SB 1362.

Reasons:

  • The child of any woman in prison should have the opportunity to know his or her mother. Studies suggest that children of prisoners have an increased risk of involvement with the criminal justice system. Unnecessarily depriving any of these children of maternal connections is likely to heighten their risk.
  • Overnight visits are of immeasurable value to children and their mothers, because they help to maintain the fragile family connection. Nearly 80% of women prisoners have children. The vast majority of mothers in prison were the child's primary caretaker before incarceration. Most of the children are under the age of 18. The family needs where prisoners are serving a lengthy term are as great, or greater than where the prisoner is serving a shorter term.
  • The Commission on Female Inmate and Parolee Issues found that over 68% of the children studied had never visited their mothers in jail or prison. When the typical female prisoner is released, there will be no spouse or partner to share the parenting role, although the women will generally want to renew the relationships with children. Separation creates great emotional difficulties.

    Status: Set for hearing in Senate Public Safety Committee on March 19, 2002; next hearing: Senate Finance Committee

    DIGEST

    SB 1362, Karnette. Female inmates: family visitation. Existing law generally governs the conditions of incarceration for inmates in state prison. This bill would, in addition, provide that any female prisoner serving a term of imprisonment who has not had a release date set shall be subject to the same visiting restrictions applicable to a prisoner who has a release date set for purposes of visits by the female prisoner's children under 21 years of age , including the same visitation rights with a female relative who accompanies the prisoner's children under 21 years of age during the visit .

    Current Department of Corrections (CDC) Regulations Pertaining to Family visits - overnight visits - are an "earned" privilege available to inmates with good behavior who are programming/working as required by the CDC. However, notwithstanding whether or not an inmate would otherwise "earn" such visits, inmates who are serving indeterminate sentences who have not been given a release date by the Board of Prison Terms are categorically prohibited from having such visits.

    For further information contact: Gail Patrice-Brown (916) 739-6262

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    The following letter was sent to the Senate Public Safety Committee's chair on 3/12/02: *********************************

    FRIENDS COMMITTEE ON LEGISLATION
    926 J Street, Sacramento, CA 95814

    March 12, 2002

    Bruce McPherson, Chair
    Senate Public Safety Committee
    State Capitol
    Sacramento, CA 95814

    Re: SB 1362 (Karnette) Support

    Dear Senator McPherson:

    The Friends Committee on Legislation supports Senate Bill 1362, which gives children and family members of women serving life sentences the opportunity for overnight visits on the prison grounds, subject to the same rules that govern overnight visits by the children and family members of other women prisoners.

    We believe that the child of a woman in prison should be able to maintain as close a relationship as feasible with his or her mother. This is not only a matter of human decency, we think frequent overnight visits enable a child to mature more normally than when visits are more limited. Society is beginning to understand that the children of prisoners have an increased risk of becoming involved in offenses, and there are indications that the risks often diminish as contacts improve, even though the mother may have committed a serious crime. We think a policy that unnecessarily deprives children of maternal contact does not further public safety.

    For these reasons, we urge you to support SB 1362.

    Yours very truly,

    STEVE BIRDLEBOUGH

    Legislative Advocate

    cc: Betty Karnette, Member of the Senate

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