Can a court order a restriction on the telephone access of a pretrial detainee?

California, United States of America


The following excerpt is from People v. Clark, 203 Cal.Rptr.3d 407, 372 P.3d 811, 63 Cal.4th 522 (Cal. 2016):

Citing Small v. Superior Court (2000) 79 Cal.App.4th 1000, 1010, 94 Cal.Rptr.2d 550, petitioner contends that former section 2600, the statute defining the civil rights of prisoners, is the starting point for matters involving security measures affecting prisoner rights.30 But, unlike Small, petitioner's claim does not involve a challenge to a security measure promulgated by prison authorities. Rather, it involves a restriction imposed by the trial court at the urging of the prosecutor due to concerns that defendant would use telephone access to threaten or order the execution of witnesses in the case. In the absence of authority applying former section 2600 to a court-ordered limitation on the telephone access of a pretrial detainee, we decline to apply it here.

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