Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.

This bill would expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.

This bill would expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.

This bill would require the department to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified. expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances.

This bill would require the department to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified. The bill would also require the department to, upon request, give a short-term clearance without the requirement to apply for a long-term clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.

 UNFINISHED BUSINESS 

Bill No: SB 553

Author: Cortese (D)

Amended: 9/2/25

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/1/25

AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SENATE FLOOR: 38-0, 5/29/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Limón, Reyes

ASSEMBLY FLOOR: 80-0, 9/12/25 - See last page for vote

SUBJECT: Prisons: clearances

SOURCE: California Innocence Coalition

Initiate Justice

DIGEST:

This bill expands existing law to allow legal professionals and attorney support personnel to apply for short-term, annual, and statewide clearances in order to enter the state’s prisons; and requires the California Department of Corrections and Rehabilitation (CDCR) to grant short-term gate clearance, upon request, to specified individuals.

Assembly Amendments of 9/2/25 remove the provision requiring CDCR to create standardized clearance forms for legal professionals to apply for annual clearances, and instead, amend existing laws pertaining to short-term, annual, and statewide clearances to add legal professionals and attorney support personnel.

ANALYSIS:

Existing law:

1. Enumerates civil rights held by incarcerated individuals, including the right to correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (Penal (Pen.) Code, § 2601, subd. (b).)
2. Includes the following definitions:
3. “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
4. “Institution” refers to a California state prison.
5. “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside CDCR and provides rehabilitative programming to incarcerated people.
6. “Program provider identification card” refers to an identification card that allows a program provider to enter a specified institution without a sponsor.
7. “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
8. “Sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
9. “Statewide program provider clearance” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card. (Pen. Code, § 7460.)
10. Requires CDCR to provide forms to the institution for short-term clearances for program providers. Requires an institution to use the forms provided by the department to process the short-term clearance and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7461, subd. (a).)
11. Requires CDCR provide a standardized clearance packet to the institution for annual clearances. Requires an institution to use the clearance packet provided by the department, and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7462, subd. (a).)
12. Delineates the process for a program provider to apply for short-term and annual clearance. (Pen. Code, §§ 7462, 7463, 7264.)

This bill:

1. Defines “legal professional” as an attorney or attorney representative.
2. Defines an attorney representative as any of the following:
3. A private investigator licensed by any state and sponsored by the attorney or appointed by the court.
4. An investigator who is employed by a government agency, public agency, or public institution.
5. A law student sponsored by the attorney.
6. A legal paraprofessional sponsored by the attorney or appointed by the court.
7. An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.
8. Requires a legal professional applying for an annual clearance to renew their clearance annually.
9. Requires CDCR to accept applications for statewide gate clearance from qualified legal professionals. Requires approved applicants to renew annually.

1. Requires that the following individuals be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request:
2. The Governor and all cabinet members.
3. Members of the Legislature and legislative staff.
4. Current judges of the State of California.
5. Makes other technical and conforming changes.

Background

Regulations outline the processes by which attorney visits are approved and conducted. An attorney visit is defined as “a private consultation between an incarcerated person and their attorney or attorney representative.” (Cal. Code of Regs., tit. 15, § 3178, subd. (b).) Regulations require attorney visiting to be accommodated during a prison’s regularly scheduled visiting days and hours, and where regular visiting is scheduled on both weekdays and weekends, the scheduling preference is for weekdays. (Ibid.) When a prison’s visiting schedule only provides for visiting on weekends, an attorney visit is required to be scheduled during normal weekday business hours upon written request of the attorney or attorney representative. (Ibid.) If an attorney or attorney representative does not desire private accommodations, the attorney or attorney representative may visit the incarcerated person on any scheduled visiting day and be provided the same accommodations as a regular visitor. (Ibid.)

An attorney or court may designate other individuals to act on the attorney’s behalf as attorney representatives. (California (Cal.) Code of Regulations (Regs.), tit. 15, § 3178, subd. (c).) Regulations define attorney representatives as one of the following: a private investigator licensed by any state and sponsored by the attorney or appointed by the court; an investigator who is employed by a government agency, public agency, or public institution; a law student sponsored by the attorney, a legal paraprofessional sponsored by the attorney or appointed by the court; or an employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(1).) Personnel retained by an attorney or attorney representative, including, but not limited to certified sign language interpreters, certified language interpreters, and court reporters may accompany the attorney or attorney representative during the private consultation. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(2).) Licensed mental or medical health care professionals may also serve as attorney representatives and do not have to be accompanied by the attorney. (Ibid.) If a person is designated as an attorney representative, the designation must be in writing and signed by the attorney or judge. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(3).) Attorney representatives must be afforded the same accommodations and services, and are subject to the same rules and regulations, as an attorney. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(4).)

An attorney who wants to consult in person with an incarcerated person is required to contact the prison at which the incarcerated person is housed, and the request for the in-person consultation must be made by phone or in writing to the designated staff person at the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (d).) Regulations specify the information an attorney must provide in order to obtain approval and clearance to visit, including name, date of birth, and proof of current registry and good standing with a governing bar association, among other things. (Ibid.) Additionally, attorneys requesting an in-person consultation must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility, and declare one or more of the following:

• They are the incarcerated person’s attorney either by appointment by the court or at the incarcerated person’s request;
• They have been requested by a judge to interview a named incarcerated person for purposes of possible appointment as counsel by the same court;
• They are requesting to visit an incarcerated person who may be a witness directly relevant to a legal process, purpose, or proceeding;
• They are seeking to interview a named incarcerated person, at the request of the incarcerated person, for the purpose of representation of the incarcerated person in a legal process, for a legal purpose or in a legal proceeding.
• They have been requested by a third party to consult with the incarcerated person when the incarcerated person cannot do so because of a medical condition, disability, or other circumstance.

(Cal. Code of Regs., tit. 15, § 3178, subd. (d)(1)-(5).)

After a request for an attorney visit is made, a background check is performed and the attorney’s state bar membership and status is verified. (Cal. Code of Regs., tit. 15, § 3178, subd. (f).) Once the clearance and state bar verification have been obtained and approved, the attorney is contacted to schedule the initial in-person visit with the specified incarcerated person. (Ibid.)

An approved attorney or approved attorney representative must provide a prison with no less than two business days’ notice to schedule a private consultation with an incarcerated person. (Cal. Code of Regs., tit. 15, § 3178, subd. (g).) In an emergency, appointment requests may be cleared through the institution head. (Ibid.) The approved attorney is processed into the prison in the same manner and under the same restrictions as regular visitors. (Cal. Code of Regs., tit. 15, § 3178, subd. (h).) Attorneys must present their state bar card or other similar documentation that they are currently registered in good standing with a state bar association. (Ibid.) Not more than two attorneys or attorney representatives may visit privately with an incarcerated person or witness at the same time but exceptions may be authorized by the official in charge of visiting commensurate with space and staff availability. (Cal. Code of Regs., tit. 15, § 3178, subd. (l).)

The provisions in this bill were modeled after AB 581 (Carrillo), Chapter 335, Statutes of 2023, which established uniform standards for program providers to apply for and obtain annual and short-term clearances in order to visit the state’s prisons. AB 581 was introduced, in part, due to the variation between different prisons with respect to the requirements for program providers seeking to obtain clearances. The proponents of this bill contend that there is a lack of uniformity regarding clearances for attorneys and attorney representatives which has created an unnecessary burden for obtaining approval for prison visits. To address that issue, this bill adds legal professionals and attorney support personnel to provisions of law pertaining to short-term, annual, and statewide clearances.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

Costs (General Fund) to CDCR of an unknown but potentially significant amount to integrate legal professionals into its existing annual clearance process and process additional annual clearance applications on an ongoing basis.

SUPPORT: (Verified 9/08/25)

California Innocence Coalition (co-source)

Initiate Justice (co-source)

ACLU California Action

California Alliance for Youth and Community Justice

California Association of Licensed Investigators

California Attorneys for Criminal Justice

California Coalition for Women Prisoners

California Public Defenders Association

Californians for Safety and Justice

Californians United for A Responsible Budget

Courage California

Ella Baker Center for Human Rights

FAMM

Felony Murder Elimination Project

Grip Training Institute

Initiate Justice Action

LA County Public Defenders Union, Local 148

Land Together

Legal Services for Prisoners with Children

Prosecutors Alliance Action

Rubicon Programs

San Francisco Public Defender

Smart Justice California

UnCommon Law

University of San Francisco School of Law, Racial Justice Clinic

OPPOSITION: (Verified 9/08/25)

None received

ASSEMBLY FLOOR: 80-0, 9/12/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Prepared by: Stephanie Jordan / PUB. S. / (916) 651-4118

10/19/26 11:59:10

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 553

Author: Cortese (D)

Amended: 9/2/25 in Assembly

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/1/25

AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SENATE FLOOR: 38-0, 5/29/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Limón, Reyes

ASSEMBLY FLOOR: 63-0, 9/12/25 – Roll call vote not available.

SUBJECT: Prisons: clearances

SOURCE: California Innocence Coalition

Initiate Justice

DIGEST:

This bill expands existing law to allow legal professionals and attorney support personnel to apply for short-term, annual, and statewide clearances in order to enter the state’s prisons; and requires the California Department of Corrections and Rehabilitation (CDCR) to grant short-term gate clearance, upon request, to specified individuals.

Assembly Amendments of 9/2/25 remove the provision requiring CDCR to create standardized clearance forms for legal professionals to apply for annual clearances, and instead, amend existing laws pertaining to short-term, annual, and statewide clearances to add legal professionals and attorney support personnel.

ANALYSIS:

Existing law:

1. Enumerates civil rights held by incarcerated individuals, including the right to correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (Penal (Pen.) Code, § 2601, subd. (b).)
2. Includes the following definitions:
3. “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
4. “Institution” refers to a California state prison.
5. “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside CDCR and provides rehabilitative programming to incarcerated people.
6. “Program provider identification card” refers to an identification card that allows a program provider to enter a specified institution without a sponsor.
7. “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
8. “Sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
9. “Statewide program provider clearance” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card. (Pen. Code, § 7460.)
10. Requires CDCR to provide forms to the institution for short-term clearances for program providers. Requires an institution to use the forms provided by the department to process the short-term clearance and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7461, subd. (a).)
11. Requires CDCR provide a standardized clearance packet to the institution for annual clearances. Requires an institution to use the clearance packet provided by the department, and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7462, subd. (a).)
12. Delineates the process for a program provider to apply for short-term and annual clearance. (Pen. Code, §§ 7462, 7463, 7264.)

This bill:

1. Defines “legal professional” as an attorney or attorney representative.
2. Defines an attorney representative as any of the following:
3. A private investigator licensed by any state and sponsored by the attorney or appointed by the court.
4. An investigator who is employed by a government agency, public agency, or public institution.
5. A law student sponsored by the attorney.
6. A legal paraprofessional sponsored by the attorney or appointed by the court.
7. An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.
8. Requires a legal professional applying for an annual clearance to renew their clearance annually.
9. Requires CDCR to accept applications for statewide gate clearance from qualified legal professionals. Requires approved applicants to renew annually.

1. Requires that the following individuals be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request:
2. The Governor and all cabinet members.
3. Members of the Legislature and legislative staff.
4. Current judges of the State of California.
5. Makes other technical and conforming changes.

Background

Regulations outline the processes by which attorney visits are approved and conducted. An attorney visit is defined as “a private consultation between an incarcerated person and their attorney or attorney representative.” (Cal. Code of Regs., tit. 15, § 3178, subd. (b).) Regulations require attorney visiting to be accommodated during a prison’s regularly scheduled visiting days and hours, and where regular visiting is scheduled on both weekdays and weekends, the scheduling preference is for weekdays. (Ibid.) When a prison’s visiting schedule only provides for visiting on weekends, an attorney visit is required to be scheduled during normal weekday business hours upon written request of the attorney or attorney representative. (Ibid.) If an attorney or attorney representative does not desire private accommodations, the attorney or attorney representative may visit the incarcerated person on any scheduled visiting day and be provided the same accommodations as a regular visitor. (Ibid.)

An attorney or court may designate other individuals to act on the attorney’s behalf as attorney representatives. (California (Cal.) Code of Regulations (Regs.), tit. 15, § 3178, subd. (c).) Regulations define attorney representatives as one of the following: a private investigator licensed by any state and sponsored by the attorney or appointed by the court; an investigator who is employed by a government agency, public agency, or public institution; a law student sponsored by the attorney, a legal paraprofessional sponsored by the attorney or appointed by the court; or an employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(1).) Personnel retained by an attorney or attorney representative, including, but not limited to certified sign language interpreters, certified language interpreters, and court reporters may accompany the attorney or attorney representative during the private consultation. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(2).) Licensed mental or medical health care professionals may also serve as attorney representatives and do not have to be accompanied by the attorney. (Ibid.) If a person is designated as an attorney representative, the designation must be in writing and signed by the attorney or judge. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(3).) Attorney representatives must be afforded the same accommodations and services, and are subject to the same rules and regulations, as an attorney. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(4).)

An attorney who wants to consult in person with an incarcerated person is required to contact the prison at which the incarcerated person is housed, and the request for the in-person consultation must be made by phone or in writing to the designated staff person at the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (d).) Regulations specify the information an attorney must provide in order to obtain approval and clearance to visit, including name, date of birth, and proof of current registry and good standing with a governing bar association, among other things. (Ibid.) Additionally, attorneys requesting an in-person consultation must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility, and declare one or more of the following:

• They are the incarcerated person’s attorney either by appointment by the court or at the incarcerated person’s request;
• They have been requested by a judge to interview a named incarcerated person for purposes of possible appointment as counsel by the same court;
• They are requesting to visit an incarcerated person who may be a witness directly relevant to a legal process, purpose, or proceeding;
• They are seeking to interview a named incarcerated person, at the request of the incarcerated person, for the purpose of representation of the incarcerated person in a legal process, for a legal purpose or in a legal proceeding.
• They have been requested by a third party to consult with the incarcerated person when the incarcerated person cannot do so because of a medical condition, disability, or other circumstance.

(Cal. Code of Regs., tit. 15, § 3178, subd. (d)(1)-(5).)

After a request for an attorney visit is made, a background check is performed and the attorney’s state bar membership and status is verified. (Cal. Code of Regs., tit. 15, § 3178, subd. (f).) Once the clearance and state bar verification have been obtained and approved, the attorney is contacted to schedule the initial in-person visit with the specified incarcerated person. (Ibid.)

An approved attorney or approved attorney representative must provide a prison with no less than two business days’ notice to schedule a private consultation with an incarcerated person. (Cal. Code of Regs., tit. 15, § 3178, subd. (g).) In an emergency, appointment requests may be cleared through the institution head. (Ibid.) The approved attorney is processed into the prison in the same manner and under the same restrictions as regular visitors. (Cal. Code of Regs., tit. 15, § 3178, subd. (h).) Attorneys must present their state bar card or other similar documentation that they are currently registered in good standing with a state bar association. (Ibid.) Not more than two attorneys or attorney representatives may visit privately with an incarcerated person or witness at the same time but exceptions may be authorized by the official in charge of visiting commensurate with space and staff availability. (Cal. Code of Regs., tit. 15, § 3178, subd. (l).)

The provisions in this bill were modeled after AB 581 (Carrillo), Chapter 335, Statutes of 2023, which established uniform standards for program providers to apply for and obtain annual and short-term clearances in order to visit the state’s prisons. AB 581 was introduced, in part, due to the variation between different prisons with respect to the requirements for program providers seeking to obtain clearances. The proponents of this bill contend that there is a lack of uniformity regarding clearances for attorneys and attorney representatives which has created an unnecessary burden for obtaining approval for prison visits. To address that issue, this bill adds legal professionals and attorney support personnel to provisions of law pertaining to short-term, annual, and statewide clearances.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

Costs (General Fund) to CDCR of an unknown but potentially significant amount to integrate legal professionals into its existing annual clearance process and process additional annual clearance applications on an ongoing basis.

SUPPORT: (Verified 9/08/25)

California Innocence Coalition (co-source)

Initiate Justice (co-source)

ACLU California Action

California Alliance for Youth and Community Justice

California Association of Licensed Investigators

California Attorneys for Criminal Justice

California Coalition for Women Prisoners

California Public Defenders Association

Californians for Safety and Justice

Californians United for A Responsible Budget

Courage California

Ella Baker Center for Human Rights

FAMM

Felony Murder Elimination Project

Grip Training Institute

Initiate Justice Action

LA County Public Defenders Union, Local 148

Land Together

Legal Services for Prisoners with Children

Prosecutors Alliance Action

Rubicon Programs

San Francisco Public Defender

Smart Justice California

UnCommon Law

University of San Francisco School of Law, Racial Justice Clinic

OPPOSITION: (Verified 9/08/25)

None received

Prepared by: Stephanie Jordan / PUB. S. /

9/12/25 16:55:08

**** END ****

SENATE THIRD READING

STR Bill Id:SB 553

Author:(Cortese)

As Amended Ver:September 02, 2025

Majority vote

SUMMARY

Expands the requirement that the California Department of Corrections and Rehabilitation (CDCD) accept applications for statewide clearance to CDCR facilities from program providers to include "legal professionals," Exempts specified persons from the requirement to apply for a CDCR clearance.

Major Provisions

1. Provides that the following persons shall be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request:
   1. The Governor and all cabinet members;
   2. Members of the Legislature and legislative staff; and,
   3. Current judges of the State of California.
2. Expands the requirement that the CDCD accept applications for statewide clearance to CDCR facilities from program providers to include "legal professionals."
3. Defines "legal professional" as an attorney or attorney representative.
4. Provides that an attorney representative is any of the following:
   1. A private investigator licensed by any state and sponsored by the attorney or appointed by the court; or,
   2. An investigator who is employed by a government agency, public agency, or public institution.
5. Provides that "attorney support personnel" is any of the following:
   1. A law student sponsored by the attorney;
   2. A legal paraprofessional sponsored by the attorney or appointed by the court; or,
   3. An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.
6. Clarifies that, for purposes of this statute, "institution" refers to any CDCR facility including community reentry programs and fire camps under CDCR jurisdiction.
7. Makes technical and conforming changes.

COMMENTS

Effect of the Bill: The provisions in this bill were modeled after AB 581 (Carrillo), Chapter 335, Statutes of 2023, which established uniform standards for program providers to apply for and obtain annual and short-term clearances in order to visit the state's prisons. AB 581 was introduced, in part, due to the variation between different prisons with respect to the requirements for program providers seeking to obtain clearances.

The proponents of this bill contend that there is a lack of uniformity regarding clearances for attorneys and attorney representatives which has created an unnecessary burden for obtaining approval for prison visits. To address that issue, this bill expands the requirement that the CDCD accept applications for statewide clearance to CDCR facilities from program providers to include "legal professionals." This bill defines legal professional as an attorney or attorney representative and adopts the department's definition of attorney representative as provided in its regulations.

Finally, this bill requires the following individuals to be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request: the Governor and all cabinet members, members of the Legislature and legislative staff, and sitting state judges. It is unclear that this provision of the bill is necessary given that some of the listed individuals do not currently need to obtain clearance at all (e.g., the Governor) and others face a fairly minimal burden in order to obtain clearance (e.g., legislative staff).

According to the Author

"An effective and accountable corrections system depends on ensuring efficient access for those responsible for shaping its policies and making informed decisions related to the criminal justice system. Currently, the California Department of Corrections and Rehabilitation (CDCR) requires state officials and legal professionals seeking prison entrance to undergo an extensive clearance process for each facility. This repetitive procedure creates administrative burdens and delays that hinder oversight. This bill will eliminate these barriers by granting seamless entry to trusted public officials and legal professionals upon request, removing redundant application requirements while maintaining essential security protocols. By streamlining this process, SB 553 will strengthen oversight, improve accountability, and support California's efforts to create more humane prison environments."

Arguments in Support

According to Smart Justice, "The California Department of Corrections and Rehabilitation (CDCR) currently has three existing clearance levels: short-term clearance, annual program provider clearance, and statewide program provider clearance. These longer-approval levels are exclusively available to community-based organization program providers upon a formal application procedure.

"If a legal professional would like to access a prison, they must follow the same extensive process for each facility. This system creates administrative burdens, logistical barriers, and delays as the cumulative workload overburdens prison staff.

"SB 553 provides seamless access upon request to legal professionals without the use of a formal application process each time, while upholding security protocols."

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Costs (General Fund) to CDCR of an unknown but potentially significant amount to integrate legal professionals into its existing annual clearance process and process additional annual clearance applications on an ongoing basis."

VOTES

SENATE FLOOR: 38-0-2

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Limón, Reyes

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp-Collins

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 02, 2025

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0001460

Date of Hearing: July 9, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 553

Author:(Cortese) – As Introduced Ver:February 20, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Department of Corrections and Rehabilitation (CDCR) to provide standardized clearance forms for legal professionals and to grant short-term clearances to specified government officials and employees without requiring a clearance application.

FISCAL EFFECT:

Costs (General Fund) to CDCR to create standardized clearance application forms for legal professionals and process applications within the 30-day timeline established by the bill, likely in the hundreds of thousands of dollars annually. CDCR reports it currently receives about 1,000 attorney applications annually for statewide clearance into prisons, and expects an increase in requests for clearances resulting from this bill because it includes additional types of legal professionals. CDCR anticipates one-time costs of approximately $500,000 to modify and enhance existing IT systems to support the increased volume and new process requirements for clearing legal professionals, and ongoing workload costs of approximately $500,000 annually to review applications, conduct criminal history checks, and make determinations about legal professional clearance applications.

COMMENTS:

Existing law requires CDCR to provide a standard process through which a program provider may obtain clearance to enter a CDCR prison multiple times over the course of a year. The law also requires CDCR to provide standard forms to its prisons for short-term clearances, which allow a program provider to enter a prison for a few days for a specific event. These clearances are used by professionals and volunteers who facilitate self-help programs, administer education programs, and provide other programmatic services for incarcerated people.

However, many other people regularly visit prisons for professional reasons and are not covered by these existing processes, including attorneys, investigators, and law students. Existing processes also do not account for various government officials and staff who regularly visit prison facilities in the course of their job duties, like the Governor and his cabinet, judges, and members of the Legislature and their staff. According to the author:

Currently, [CDCR] requires state officials and legal professionals seeking prison entrance to undergo an extensive clearance process for each facility. This repetitive procedure creates administrative burdens and delays that hinder oversight. This bill will eliminate these barriers by granting seamless entry to trusted public officials and legal professionals upon request, removing redundant application requirements while maintaining essential security protocols.

This bill requires CDCR to provide specified legal professionals with a standardized clearance form that can be used to apply for an annual prison clearance, and to notify each legal professional who applies for a clearance of the decision to approve or disapprove their application within 30 days of receiving the application. Additionally, the bill requires CDCR to grant short-term clearances to certain government officials and staff without requiring an application.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: June 17, 2025

Chief Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

SBPCA Bill Id:SB 553

Author:(Cortese) – As Introduced Ver:February 20, 2025

SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to provide standardized clearance forms for legal professionals and exempts specified persons from the requirement to apply for a CDCR clearance. Specifically, this bill:

1. Requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances.
   
2. Requires a legal professional applying for an annual clearance to complete a standardized clearance form for approval to provide legal services at all institutions.
   
3. Requires a legal professional to renew their clearance annually.
   
4. Requires CDCR to notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application.
   
5. Requires CDCR, if the department has not received the applicable information from the Department of Justice after 30 days, to provide an update to the applicant.
   
6. Requires CDCR to notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.
   
7. Provides that the following persons shall be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request:
   
   1. The Governor and all cabinet members;
      
   2. Members of the Legislature and legislative staff; and,
      
   3. Current judges of the State of California.
      
8. Defines “Legal professional” as an attorney or attorney representative.
   
9. Provides that an attorney representative is any of the following:
   
   1. A private investigator licensed by any state and sponsored by the attorney or appointed by the court;
      
   2. An investigator who is employed by a government agency, public agency, or public institution;
      
   3. A law student sponsored by the attorney;
      
   4. A legal paraprofessional sponsored by the attorney or appointed by the court; or,
      
   5. An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.

EXISTING LAW:

1. Enumerates civil rights held by incarcerated individuals, including the right to correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (Pen. Code, § 2601, subd. (b).)
   
2. Includes the following definitions:
   
   1. “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
      
   2. “Institution” refers to a California state prison.
      
   3. “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside CDCR and provides rehabilitative programming to incarcerated people.
      
   4. “Program provider identification card” refers to an identification card that allows a program provider to enter a specified institution without a sponsor.
      
   5. “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
      
   6. “Sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
      
   7. “Statewide program provider clearance” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card. (Pen. Code, § 7460.)
      
3. Requires CDCR to provide forms to the institution for short-term clearances for program providers. Requires an institution to use the forms provided by the department to process the short-term clearance and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7461, subd. (a).)
   
4. Requires CDCR provide a standardized clearance packet to the institution for annual clearances. Requires an institution to use the clearance packet provided by the department, and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7462, subd. (a).)
5. Delineates the process for a program provider to apply for short-term and annual clearance. (Pen. Code, §§ 7462, 7463, 7264.)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, “An effective and accountable corrections system depends on ensuring efficient access for those responsible for shaping its policies and making informed decisions related to the criminal justice system. Currently, the California Department of Corrections and Rehabilitation (CDCR) requires state officials and legal professionals seeking prison entrance to undergo an extensive clearance process for each facility. This repetitive procedure creates administrative burdens and delays that hinder oversight. This bill will eliminate these barriers by granting seamless entry to trusted public officials and legal professionals upon request, removing redundant application requirements while maintaining essential security protocols. By streamlining this process, SB 553 will strengthen oversight, improve accountability, and support California’s efforts to create more humane prison environments.”
   
2. Attorney Visits to Incarcerated Clients in State Prisons: Regulations outline the processes by which attorney visits are approved and conducted. An attorney visit is defined as “a private consultation between an incarcerated person and their attorney or attorney representative.” (Cal. Code of Regs., tit. 15, § 3178, subd. (b).) Attorney visits must be conducted in a confidential area in the prison. (Ibid.) Regulations require attorney visiting to be accommodated during a prison’s regularly scheduled visiting days and hours, and where regular visiting is scheduled on both weekdays and weekends, the scheduling preference is for weekdays. (Ibid.) When a prison’s visiting schedule only provides for visiting on weekends, an attorney visit is required to be scheduled during normal weekday business hours upon written request of the attorney or attorney representative. (Ibid.) If an attorney or attorney representative does not desire private accommodations, the attorney or attorney representative may visit the incarcerated person on any scheduled visiting day and be provided the same accommodations as a regular visitor. (Ibid.)
   
   An attorney or court may designate other individuals to act on the attorney’s behalf as attorney representatives. (Cal. Code of Regs., tit. 15, § 3178, subd. (c).) Regulations define attorney representatives as one of the following: a private investigator licensed by any state and sponsored by the attorney or appointed by the court; an investigator who is employed by a government agency, public agency, or public institution; a law student sponsored by the attorney, a legal paraprofessional sponsored by the attorney or appointed by the court; or an employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(1).) Personnel retained by an attorney or attorney representative, including, but not limited to certified sign language interpreters, certified language interpreters, and court reporters may accompany the attorney or attorney representative during the private consultation. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(2).) Licensed mental or medical health care professionals may also serve as attorney representatives and do not have to be accompanied by the attorney. (Ibid.) If a person is designated as an attorney representative, the designation must be in writing and signed by the attorney or judge. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(3).) Attorney representatives must be afforded the same accommodations and services, and are subject to the same rules and regulations, as an attorney. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(4).)
   
   An attorney who wants to consult in person with an incarcerated person is required to contact the prison at which the incarcerated person is housed, and the request for the in-person consultation must be made by phone or in writing to the designated staff person at the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (d).) Regulations specify the information an attorney must provide in order to obtain approval and clearance to visit, including name, date of birth, and proof of current registry and good standing with a governing bar association, among other things. (Ibid.) Additionally, attorneys requesting an in-person consultation must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility, and declare one or more of the following:

• They are the incarcerated person’s attorney either by appointment by the court or at the incarcerated person’s request;
  
• They have been requested by a judge to interview a named incarcerated person for purposes of possible appointment as counsel by the same court;
  
• They are requesting to visit an incarcerated person who may be a witness directly relevant to a legal process, purpose, or proceeding;
  
• They are seeking to interview a named incarcerated person, at the request of the incarcerated person, for the purpose of representation of the incarcerated person in a legal process, for a legal purpose or in a legal proceeding; or,
  
• They have been requested by a third party to consult with the incarcerated person when the incarcerated person cannot do so because of a medical condition, disability, or other circumstance.

(Cal. Code of Regs., tit. 15, § 3178, subd. (d)(1)-(5).)

Any false statement or deliberate misrepresentation of facts specific to the required requested information is grounds for denying the request and is cause for subsequent suspension or exclusion from all state prisons. (Cal. Code of Regs., tit. 15, § 3178, subd. (e).) After a request for an attorney visit is made, a background check is performed and the attorney’s state bar membership and status is verified. (Cal. Code of Regs., tit. 15, § 3178, subd. (f).) Once the clearance and state bar verification have been obtained and approved, the attorney is contacted to schedule the initial in-person visit with the specified incarcerated person. (Ibid.) Attorneys and attorney representatives are required to report any change in personal or professional information, arrest history, and declarations made to retain their approval and clearance. (Ibid.)

An approved attorney or approved attorney representative must provide a prison with no less than two business days’ notice to schedule a private consultation with an incarcerated person. (Cal. Code of Regs., tit. 15, § 3178, subd. (g).) In an emergency, appointment requests may be cleared through the institution head. (Ibid.) The approved attorney is processed into the prison in the same manner and under the same restrictions as regular visitors. (Cal. Code of Regs., tit. 15, § 3178, subd. (h).) Attorneys must present their state bar card or other similar documentation that they are currently registered in good standing with a state bar association. (Ibid.) Not more than two attorneys or attorney representatives may visit privately with an incarcerated person or witness at the same time but exceptions may be authorized by the official in charge of visiting commensurate with space and staff availability. (Cal. Code of Regs., tit. 15, § 3178, subd. (l).)

Conversations between an incarcerated person and an attorney or attorney representative are prohibited from being listened to or monitored, except visual observation by staff which is necessary for the safety and security of the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (m).) All items, including legal documents permitted into the security area, must be inspected for contraband or unauthorized items or substances, and the incarcerated person may retain and take any legal documents given to them by the attorney or attorney representative from the visiting area, provided that the incarcerated person consents to staff examination of the documents for contraband or unauthorized items or substances. (Cal. Code of Regs., tit. 15, § 3178, subd. (n).) Confidential privileges, including confidential visiting, mail, or phone privileges, or normal visiting privileges afforded an attorney or attorney representative may be taken by the institution head to restrict, where cause exists. (Cal. Code of Regs., tit. 15, § 3178, subd. (s).)

1. Effect of the Bill: The provisions in this bill were modeled after AB 581 (Carrillo), Chapter 335, Statutes of 2023, which established uniform standards for program providers to apply for and obtain annual and short-term clearances in order to visit the state’s prisons. AB 581 was introduced, in part, due to the variation between different prisons with respect to the requirements for program providers seeking to obtain clearances.
   
   The proponents of this bill contend that there is a lack of uniformity regarding clearances for attorneys and attorney representatives which has created an unnecessary burden for obtaining approval for prison visits. To address that issue, this bill requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances for approval to provide legal services at all state prisons. This bill defines legal professional as an attorney or attorney representative and adopts the department’s definition of attorney representative as provided in its regulations. This bill also requires CDCR to notify all legal professional applicants for annual clearance of its decision to approve or deny the application within 30 days of receipt of the application, or within 30 days of receiving the necessary information from DOJ used to aid in making its determination.
   
   Finally, this bill requires the following individuals to be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request: the Governor and all cabinet members, members of the Legislature and legislative staff, and sitting state judges. It is unclear that this provision of the bill is necessary given that some of the listed individuals do not currently need to obtain clearance at all (e.g., the Governor) and others face a fairly minimal burden in order to obtain clearance (e.g., legislative staff).
   
2. Argument in Support: According to Smart Justice, “The California Department of Corrections and Rehabilitation (CDCR) currently has three existing clearance levels: short-term clearance, annual program provider clearance, and statewide program provider clearance. These longer-approval levels are exclusively available to community-based organization program providers upon a formal application procedure.
   
   “If a legal professional would like to access a prison, they must follow the same extensive process for each facility. This system creates administrative burdens, logistical barriers, and delays as the cumulative workload overburdens prison staff.
   
   “SB 553 provides seamless access upon request to legal professionals without the use of a formal application process each time, while upholding security protocols.”
   
3. Prior Legislation:
   
   1. AB 581 (Carrillo), Chapter 335, Statutes of 2023, established clearances for program providers that provide rehabilitative programming in state prisons.
      
   2. AB 958 (Santiago), of the 2023-2024 Legislative Session, would have made the right to visitation in state and local correctional facilities a civil right, as specified. AB 958 was held in suspense in the Senate Appropriations Committee.
      
   3. AB 1723 (Waldron), would allow individuals previously convicted of a felony, and employed by an organization that provides rehabilitative programming, or associated with an organization that provides mentorship to currently incarcerated individuals, to enter local detention facilities, as specified. AB 1723 was held in suspense in the Senate Appropriations Committee.
      
   4. AB 2133 (Goldberg), Chapter 238, Statutes of 2002, required that any amendments to existing regulations and any future regulations adopted by CDCR which may impact the visitation of incarcerated persons recognize and consider the value of visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing incarcerated persons for successful release and rehabilitation.
      

REGISTERED SUPPORT / OPPOSITION:

Support

ACLU California Action
California Alliance for Youth and Community Justice
California Association of Licensed Investigators
California Attorneys for Criminal Justice
California Coalition for Women Prisoners
California Innocence Coalition
California Public Defenders Association (CPDA)
Californians for Safety and Justice
Californians United for a Responsible Budget
Courage California
Ella Baker Center for Human Rights
Famm
Felony Murder Elimination Project
Grip Training Institute
Initiate Justice
Initiate Justice Action
Land Together
Legal Services for Prisoners With Children
Local 148 LA County Public Defenders Union
Prosecutors Alliance Action
Rubicon Programs
San Francisco Public Defender
Smart Justice California, a Project of Tides Advocacy
Uncommon Law
University of San Francisco School of Law, Racial Justice Clinic

Opposition

None submitted.

Analysis Prepared by: Andrew Ironside / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 553

Author: Cortese (D)

Introduced: 2/20/25

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/1/25

AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SUBJECT: Prisons: clearances

SOURCE: California Innocence Coalition

Initiate Justice

DIGEST:

This bill requires the California Department of Corrections and Rehabilitation (CDCR) to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified, and requires CDCR to give short-term clearance, upon request, to specified individuals.

ANALYSIS:

Existing law:

1. Enumerates civil rights held by incarcerated individuals, including the right to correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (Penal (Pen.) Code, § 2601, subd. (b).)
2. Includes the following definitions:
3. “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
4. “Institution” refers to a California state prison.
5. “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside CDCR and provides rehabilitative programming to incarcerated people.
6. “Program provider identification card” refers to an identification card that allows a program provider to enter a specified institution without a sponsor.
7. “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
8. “Sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
9. “Statewide program provider clearance” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card. (Pen. Code, § 7460.)
10. Requires CDCR to provide forms to the institution for short-term clearances for program providers. Requires an institution to use the forms provided by the department to process the short-term clearance and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7461, subd. (a).)
11. Requires CDCR provide a standardized clearance packet to the institution for annual clearances. Requires an institution to use the clearance packet provided by the department, and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7462, subd. (a).)
12. Delineates the process for a program provider to apply for short-term and annual clearance. (Pen. Code, §§ 7462, 7463, 7264.)

This bill:

1. Defines “legal professional” as an attorney or attorney representative.
2. Defines an attorney representative as any of the following:
3. A private investigator licensed by any state and sponsored by the attorney or appointed by the court.
4. An investigator who is employed by a government agency, public agency, or public institution.
5. A law student sponsored by the attorney.
6. A legal paraprofessional sponsored by the attorney or appointed by the court.
7. An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.
8. Requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances.
9. Requires a legal professional applying for an annual clearance to complete a standardized clearance form for approval to provide legal services at all institutions.
10. Requires a legal professional to renew their clearance annually.
11. Requires CDCR to notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. Requires CDCR to provide an update to the applicant is it has not received the applicable information from the Department of Justice (DOJ) after 30 days. Requires CDCR to notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from DOJ.
12. Requires that the following individuals be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request:
13. The Governor and all cabinet members.
14. Members of the Legislature and legislative staff.
15. Current judges of the State of California.

Background

Regulations outline the processes by which attorney visits are approved and conducted. An attorney visit is defined as “a private consultation between an incarcerated person and their attorney or attorney representative.” (Cal. Code of Regs., tit. 15, § 3178, subd. (b).) Attorney visits must be conducted in a confidential area in the prison. (Ibid.) Regulations require attorney visiting to be accommodated during a prison’s regularly scheduled visiting days and hours, and where regular visiting is scheduled on both weekdays and weekends, the scheduling preference is for weekdays. (Ibid.) When a prison’s visiting schedule only provides for visiting on weekends, an attorney visit is required to be scheduled during normal weekday business hours upon written request of the attorney or attorney representative. (Ibid.) If an attorney or attorney representative does not desire private accommodations, the attorney or attorney representative may visit the incarcerated person on any scheduled visiting day and be provided the same accommodations as a regular visitor. (Ibid.)

An attorney or court may designate other individuals to act on the attorney’s behalf as attorney representatives. (Cal. Code of Regs., tit. 15, § 3178, subd. (c).) Regulations define attorney representatives as one of the following: a private investigator licensed by any state and sponsored by the attorney or appointed by the court; an investigator who is employed by a government agency, public agency, or public institution; a law student sponsored by the attorney, a legal paraprofessional sponsored by the attorney or appointed by the court; or an employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(1).) Personnel retained by an attorney or attorney representative, including, but not limited to certified sign language interpreters, certified language interpreters, and court reporters may accompany the attorney or attorney representative during the private consultation. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(2).) Licensed mental or medical health care professionals may also serve as attorney representatives and do not have to be accompanied by the attorney. (Ibid.) If a person is designated as an attorney representative, the designation must be in writing and signed by the attorney or judge. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(3).) Attorney representatives must be afforded the same accommodations and services, and are subject to the same rules and regulations, as an attorney. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(4).)

An attorney who wants to consult in person with an incarcerated person is required to contact the prison at which the incarcerated person is housed, and the request for the in-person consultation must be made by phone or in writing to the designated staff person at the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (d).) Regulations specify the information an attorney must provide in order to obtain approval and clearance to visit, including name, date of birth, and proof of current registry and good standing with a governing bar association, among other things. (Ibid.) Additionally, attorneys requesting an in-person consultation must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility, and declare one or more of the following:

• They are the incarcerated person’s attorney either by appointment by the court or at the incarcerated person’s request;
• They have been requested by a judge to interview a named incarcerated person for purposes of possible appointment as counsel by the same court;
• They are requesting to visit an incarcerated person who may be a witness directly relevant to a legal process, purpose, or proceeding;
• They are seeking to interview a named incarcerated person, at the request of the incarcerated person, for the purpose of representation of the incarcerated person in a legal process, for a legal purpose or in a legal proceeding.
• They have been requested by a third party to consult with the incarcerated person when the incarcerated person cannot do so because of a medical condition, disability, or other circumstance.

(Cal. Code of Regs., tit. 15, § 3178, subd. (d)(1)-(5).)

Any false statement or deliberate misrepresentation of facts specific to the required requested information is grounds for denying the request and is cause for subsequent suspension or exclusion from all state prisons. (Cal. Code of Regs., tit. 15, § 3178, subd. (e).) After a request for an attorney visit is made, a background check is performed and the attorney’s state bar membership and status is verified. (Cal. Code of Regs., tit. 15, § 3178, subd. (f).) Once the clearance and state bar verification have been obtained and approved, the attorney is contacted to

schedule the initial in-person visit with the specified incarcerated person. (Ibid.) Attorneys and attorney representatives are required to report any change in personal or professional information, arrest history, and declarations made to retain their approval and clearance. (Ibid.)

An approved attorney or approved attorney representative must provide a prison with no less than two business days’ notice to schedule a private consultation with an incarcerated person. (Cal. Code of Regs., tit. 15, § 3178, subd. (g).) In an emergency, appointment requests may be cleared through the institution head. (Ibid.) The approved attorney is processed into the prison in the same manner and under the same restrictions as regular visitors. (Cal. Code of Regs., tit. 15, § 3178, subd. (h).) Attorneys must present their state bar card or other similar documentation that they are currently registered in good standing with a state bar association. (Ibid.) Not more than two attorneys or attorney representatives may visit privately with an incarcerated person or witness at the same time but exceptions may be authorized by the official in charge of visiting commensurate with space and staff availability. (Cal. Code of Regs., tit. 15, § 3178, subd. (l).)

Conversations between an incarcerated person and an attorney or attorney representative are prohibited from being listened to or monitored, except visual observation by staff which is necessary for the safety and security of the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (m).) All items, including legal documents permitted into the security area, must be inspected for contraband or unauthorized items or substances, and the incarcerated person may retain and take any legal documents given to them by the attorney or attorney representative from the visiting area, provided that the incarcerated person consents to staff examination of the documents for contraband or unauthorized items or substances. (Cal. Code of Regs., tit. 15, § 3178, subd. (n).)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

Overall CDCR anticipates General Fund cost pressures around $1 million to implement this bill. CDCR notes that statewide clearance requests for institutional access are centrally processed at CDCR headquarters. CDCR anticipates a significant increase in the volume of requests from the various categories of legal professionals identified in this measure – including attorneys, private and public investigators, sponsored law students, legal professionals sponsored by attorneys, and other specified individuals.

Currently, CDCR processes approximately one thousand attorney applications annually for statewide clearance, which involves a criminal history review through the California Law Enforcement Telecommunications System (CLETS). An increase in the volume of requests through headquarters would necessitate staffing augmentations – likely resulting in General Fund cost pressures in the high hundreds of thousands of dollars – to meet this bill’s 30-day processing timeline for legal professional clearances. This uptake in CLETS clearances would add an estimated cost of $200,000.

Further compounding these costs are additional requirements under the bill, including providing status updates to applicants if CDCR has not received the necessary information from DOJ within 30 days, and issuing a decision to approve or deny the application within 30 days of receiving that information from the DOJ.

In addition to staffing needs, CDCR anticipates information technology costs of approximately $100,000 to modify and enhance existing systems to support the increased volume and new process requirements for clearing legal professionals.

SUPPORT: (Verified 5/23/25)

California Innocence Coalition (co-source)

Initiate Justice (co-source)

ACLU California Action

California Alliance for Youth and Community Justice

California Association of Licensed Investigators

California Attorneys for Criminal Justice

California Coalition for Women Prisoners

California Public Defenders Association

Californians for Safety and Justice

Californians United for A Responsible Budget

Courage California

Ella Baker Center for Human Rights

FAMM

Felony Murder Elimination Project

Grip Training Institute

Initiate Justice Action

LA County Public Defenders Union, Local 148

Land Together

Legal Services for Prisoners with Children

Prosecutors Alliance Action

Rubicon Programs

San Francisco Public Defender

Smart Justice California

UnCommon Law

University of San Francisco School of Law, Racial Justice Clinic

OPPOSITION: (Verified 5/23/25)

None received

Prepared by: Stephanie Jordan / PUB. S. /

5/26/25 14:18:08

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 553 (Cortese) - Prisons: clearances

Bill Summary:

SB 553 would require the California Department of Corrections and Rehabilitation (CDCR) to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions.

Fiscal Impact:

Overall CDCR anticipates General Fund cost pressures around $1 million to implement this bill. CDCR notes that statewide clearance requests for institutional access are centrally processed at CDCR headquarters. CDCR anticipates a significant increase in the volume of requests from the various categories of legal professionals identified in this measure – including attorneys, private and public investigators, sponsored law students, legal professionals sponsored by attorneys, and other specified individuals.

Currently, CDCR processes approximately one thousand attorney applications annually for statewide clearance, which involves a criminal history review through the California Law Enforcement Telecommunications System (CLETS). An increase in the volume of requests through headquarters would necessitate staffing augmentations – likely resulting in General Fund cost pressures in the high hundreds of thousands of dollars – to meet this bill’s 30-day processing timeline for legal professional clearances. This uptake in CLETS clearances would add an estimated cost of $200,000.

Further compounding these costs are additional requirements under the bill, including providing status updates to applicants if CDCR has not received the necessary information from DOJ within 30 days, and issuing a decision to approve or deny the application within 30 days of receiving that information from the DOJ.

In addition to staffing needs, CDCR anticipates information technology costs of approximately $100,000 to modify and enhance existing systems to support the increased volume and new process requirements for clearing legal professionals.

Background:

The provisions in this bill were modeled after AB 581 (Carrillo), Chapter 335, Statutes of 2023, which established uniform standards for program providers to apply for and obtain annual and short-term clearances in order to visit the state’s prisons. AB 581 was introduced, in part, due to the variation between different prisons with respect to the requirements for program providers seeking to obtain clearances.

The proponents of this bill contend that there is a lack of uniformity regarding clearances for attorneys and attorney representatives which has created an unnecessary burden for obtaining approval for prison visits. To address that issue, this bill requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances for approval to provide legal services at all state prisons.

Proposed Law:

• Provides that “Legal professional” refers to an attorney or attorney representative. An attorney representative is any of the following:
  • A private investigator licensed by any state and sponsored by the attorney or appointed by the court;
  • An investigator who is employed by a government agency, public agency, or public institution;
  • A law student sponsored by the attorney;
  • A legal paraprofessional sponsored by the attorney or appointed by the court; and,
  • An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.
• Requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances.
• Provides that a legal professional applying for an annual clearance shall complete a standardized clearance form for approval to provide legal services at all institutions. A legal professional shall renew their clearance annually.
• Requires CDCR to notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the applicant. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.
• Allows the following persons to be granted short-term clearance without the requirement to apply for a clearance for CDCR facilities upon request:
  • The Governor and all cabinet members;
  • Members of the Legislature and legislative staff; and,
  • Current judges of the State of California.

Related Legislation:

AB 581 (Carrillo), Chapter 335, Statutes of 2023, created a standard processes for short-term clearances, annual clearances, and five-year clearances for rehabilitative providers providing services in state prisons.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: SB 553 Hearing Date: April 1, 2025

Subject: Prisons: clearances

HISTORY

Source: California Innocence Coalition

Initiate Justice

Prior Legislation: AB 581 (Carrillo), Ch. 335, Stats. of 2023

Support: ACLU California Action; California Alliance for Youth and Community Justice; California Association of Licensed Investigators; California Coalition for Women Prisoners; California Public Defenders Association; Californians for Safety and Justice; Californians United for A Responsible Budget; Courage California; Ella Baker Center for Human Rights; FAMM; Felony Murder Elimination Project; Grip Training Institute; Initiate Justice Action; Land Together; Legal Services for Prisoners with Children; Local 148, LA County Public Defenders Union; Prosecutors Alliance Action; Rubicon Programs; San Francisco Public Defender; Smart Justice California; UnCommon Law; University of San Francisco School of Law, Racial Justice Clinic

Opposition: None known

PURPOSE

The purpose of this bill is to require the California Department of Corrections and Rehabilitation (CDCR) to create standardized clearance forms for legal professionals to apply for annual clearance to gain approval to provide legal services at all institutions, as specified, and to require CDCR to give short-term clearance, upon request, to specified individuals.

Existing law enumerates civil rights held by incarcerated individuals, including the right to correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband. (Pen. Code, § 2601, subd. (b).)

Existing law includes the following definitions:

• “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
• “Institution” refers to a California state prison.
• “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside CDCR and provides rehabilitative programming to incarcerated people.
• “Program provider identification card” refers to an identification card that allows a program provider to enter a specified institution without a sponsor.
• “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
• “Sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
• “Statewide program provider clearance” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.

(Pen. Code, § 7460.)

Existing law requires CDCR to provide forms to the institution for short-term clearances for program providers. Requires an institution to use the forms provided by the department to process the short-term clearance and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7461, subd. (a).)

Existing law requires CDCR provide a standardized clearance packet to the institution for annual clearances. Requires an institution to use the clearance packet provided by the department, and prohibits an institution from requiring additional institution-specific “local” forms. (Pen. Code, § 7462, subd. (a).)

Existing law delineates the process for a program provider to apply for short-term and annual clearance. (Pen. Code, §§ 7462, 7463, 7264.)

This bill defines “legal professional” as an attorney or attorney representative.

This bill defines an attorney representative as any of the following:

• A private investigator licensed by any state and sponsored by the attorney or appointed by the court.
• An investigator who is employed by a government agency, public agency, or public institution.
• A law student sponsored by the attorney.
• A legal paraprofessional sponsored by the attorney or appointed by the court.
• An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.

This bill requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances.

This bill requires a legal professional applying for an annual clearance to complete a standardized clearance form for approval to provide legal services at all institutions.

This bill requires a legal professional to renew their clearance annually.

This bill requires CDCR to notify all legal professional applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. Requires CDCR to provide an update to the applicant is it has not received the applicable information from the Department of Justice (DOJ) after 30 days. Requires CDCR to notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from DOJ.

This bill requires that the following individuals be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request:

• The Governor and all cabinet members.
• Members of the Legislature and legislative staff.
• Current judges of the State of California.

COMMENTS

1. Need For This Bill

According to the author:

An effective and accountable corrections system depends on ensuring efficient access for those responsible for shaping its policies and making informed decisions related to corrections. Currently, the California Department of Corrections and Rehabilitation (CDCR) requires state officials and legal professionals seeking prison access to undergo an extensive clearance process for each facility which creates administrative burdens and delays that hinder oversight. This bill will eliminate these barriers by granting seamless access upon request to trusted public officials and legal professionals, removing redundant application requirements while maintaining essential security protocols. By streamlining this process, SB 553 will strengthen oversight, improve accountability, and support efforts to create a porous prison atmosphere which aligns with California’s goals of promoting a more humane environment.

1. Attorney Visits to Incarcerated Clients in State Prisons

Regulations outline the processes by which attorney visits are approved and conducted. An attorney visit is defined as “a private consultation between an incarcerated person and their attorney or attorney representative.” (Cal. Code of Regs., tit. 15, § 3178, subd. (b).) Attorney visits must be conducted in a confidential area in the prison. (Ibid.) Regulations require attorney visiting to be accommodated during a prison’s regularly scheduled visiting days and hours, and where regular visiting is scheduled on both weekdays and weekends, the scheduling preference is for weekdays. (Ibid.) When a prison’s visiting schedule only provides for visiting on weekends, an attorney visit is required to be scheduled during normal weekday business hours upon written request of the attorney or attorney representative. (Ibid.) If an attorney or attorney representative does not desire private accommodations, the attorney or attorney representative may visit the incarcerated person on any scheduled visiting day and be provided the same accommodations as a regular visitor. (Ibid.)

An attorney or court may designate other individuals to act on the attorney’s behalf as attorney representatives. (Cal. Code of Regs., tit. 15, § 3178, subd. (c).) Regulations define attorney representatives as one of the following: a private investigator licensed by any state and sponsored by the attorney or appointed by the court; an investigator who is employed by a government agency, public agency, or public institution; a law student sponsored by the attorney, a legal paraprofessional sponsored by the attorney or appointed by the court; or an employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(1).) Personnel retained by an attorney or attorney representative, including, but not limited to certified sign language interpreters, certified language interpreters, and court reporters may accompany the attorney or attorney representative during the private consultation. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(2).) Licensed mental or medical health care professionals may also serve as attorney representatives and do not have to be accompanied by the attorney. (Ibid.) If a person is designated as an attorney representative, the designation must be in writing and signed by the attorney or judge. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(3).) Attorney representatives must be afforded the same accommodations and services, and are subject to the same rules and regulations, as an attorney. (Cal. Code of Regs., tit. 15, § 3178, subd. (c)(4).)

An attorney who wants to consult in person with an incarcerated person is required to contact the prison at which the incarcerated person is housed, and the request for the in-person consultation must be made by phone or in writing to the designated staff person at the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (d).) Regulations specify the information an attorney must provide in order to obtain approval and clearance to visit, including name, date of birth, and proof of current registry and good standing with a governing bar association, among other things. (Ibid.) Additionally, attorneys requesting an in-person consultation must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility, and declare one or more of the following:

• They are the incarcerated person’s attorney either by appointment by the court or at the incarcerated person’s request;
• They have been requested by a judge to interview a named incarcerated person for purposes of possible appointment as counsel by the same court;
• They are requesting to visit an incarcerated person who may be a witness directly relevant to a legal process, purpose, or proceeding;
• They are seeking to interview a named incarcerated person, at the request of the incarcerated person, for the purpose of representation of the incarcerated person in a legal process, for a legal purpose or in a legal proceeding.
• They have been requested by a third party to consult with the incarcerated person when the incarcerated person cannot do so because of a medical condition, disability, or other circumstance.

(Cal. Code of Regs., tit. 15, § 3178, subd. (d)(1)-(5).)

Any false statement or deliberate misrepresentation of facts specific to the required requested information is grounds for denying the request and is cause for subsequent suspension or exclusion from all state prisons. (Cal. Code of Regs., tit. 15, § 3178, subd. (e).) After a request for an attorney visit is made, a background check is performed and the attorney’s state bar membership and status is verified. (Cal. Code of Regs., tit. 15, § 3178, subd. (f).) Once the clearance and state bar verification have been obtained and approved, the attorney is contacted to

schedule the initial in-person visit with the specified incarcerated person. (Ibid.) Attorneys and attorney representatives are required to report any change in personal or professional information, arrest history, and declarations made to retain their approval and clearance. (Ibid.)

An approved attorney or approved attorney representative must provide a prison with no less than two business days’ notice to schedule a private consultation with an incarcerated person. (Cal. Code of Regs., tit. 15, § 3178, subd. (g).) In an emergency, appointment requests may be cleared through the institution head. (Ibid.) The approved attorney is processed into the prison in the same manner and under the same restrictions as regular visitors. (Cal. Code of Regs., tit. 15, § 3178, subd. (h).) Attorneys must present their state bar card or other similar documentation that they are currently registered in good standing with a state bar association. (Ibid.) Not more than two attorneys or attorney representatives may visit privately with an incarcerated person or witness at the same time but exceptions may be authorized by the official in charge of visiting commensurate with space and staff availability. (Cal. Code of Regs., tit. 15, § 3178, subd. (l).)

Conversations between an incarcerated person and an attorney or attorney representative are prohibited from being listened to or monitored, except visual observation by staff which is necessary for the safety and security of the prison. (Cal. Code of Regs., tit. 15, § 3178, subd. (m).) All items, including legal documents permitted into the security area, must be inspected for contraband or unauthorized items or substances, and the incarcerated person may retain and take any legal documents given to them by the attorney or attorney representative from the visiting area, provided that the incarcerated person consents to staff examination of the documents for contraband or unauthorized items or substances. (Cal. Code of Regs., tit. 15, § 3178, subd. (n).)

confidential privileges, including confidential visiting, mail, or phone privileges, or normal visiting privileges afforded an attorney or attorney representative may be taken by the institution head to restrict, where cause exists. (Cal. Code of Regs., tit. 15, § 3178, subd. (s).)

1. Effect of This Bill

The provisions in this bill were modeled after AB 581 (Carrillo), Chapter 335, Statutes of 2023, which established uniform standards for program providers to apply for and obtain annual and short-term clearances in order to visit the state’s prisons. AB 581 was introduced, in part, due to the variation between different prisons with respect to the requirements for program providers seeking to obtain clearances.

The proponents of this bill contend that there is a lack of uniformity regarding clearances for attorneys and attorney representatives which has created an unnecessary burden for obtaining approval for prison visits. To address that issue, this bill requires CDCR to provide standardized clearance forms for legal professionals to apply for annual clearances for approval to provide legal services at all state prisons. This bill defines legal professional as an attorney or attorney representative and adopts the department’s definition of attorney representative as provided in its regulations. This bill also requires CDCR to notify all legal professional applicants for annual clearance of its decision to approve or deny the application within 30 days of receipt of the application, or within 30 days of receiving the necessary information from DOJ used to aid in making its determination.

Finally, this bill requires the following individuals to be granted short-term clearance without the requirement to apply for a clearance for all CDCR facilities upon request: the Governor and all cabinet members, members of the Legislature and legislative staff, and sitting state judges. It is

unclear that this provision of the bill is necessary given that some of the listed individuals do not currently need to obtain clearance at all (e.g., the Governor) and others face a fairly minimal burden in order to obtain clearance (e.g., legislative staff).

1. Argument in Support

Smart Justice California writes:

The California Department of Corrections and Rehabilitation (CDCR) currently has three existing clearance levels: short-term clearance, annual program provider clearance, and statewide program provider clearance. These longer-approval levels are exclusively available to community-based organization program providers upon a formal application procedure.

If a legal professional would like to access a prison, they must follow the same extensive process for each facility. This system creates administrative burdens, logistical barriers, and delays as the cumulative workload overburdens prison staff.

SB 553 provides seamless access upon request to legal professionals without the use of a formal application process each time, while upholding security protocols.

-- END --