Female Inmates: Family Visitation (Senate Bill 700)

Debate Remarks by Senator Tom McClintock

Senate Floor, September 6, 2001

Mr. President,
Every so often a bill comes along that causes me to wonder if we've completely taken leave of our senses. As I understand the measure before us, it basically would allow unsupervised, overnight visits by children locked up with convicted murderers who happen to be their parents; in this case the mother.

Now, whatever maternal instinct might apply, we should also be very careful in noting that under the Equal Protection Clause, the very first thing that would happen under such an arrangement is a suit by fathers who require the same thing. Which means that we're basically taking children and putting them in unsupervised, overnight stays with convicted murderers, and I wonder what in the world are we thinking?

Andrea Yates drowned five of her children. The fifth one, a seven-year-old, ran to escape. Suppose he'd actually escaped? Would we want him locked up overnight, unsupervised with that mother? I know that's an extreme example, but that's essentially what this bill would allow with a wide range of murderous parents.

We have a responsibility to those children. We abrogate that responsibility with this bill.

The measure, SB 700, was passed by the State Senate by a vote of 21-18.