BILL ANALYSIS AB 2350 Page 1 ASSEMBLY THIRD READING AB 2350 (Hill) As Amended April 12, 2010 Majority vote PUBLIC SAFETY 7-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Beall, | | | | |Gilmore, Hill, | | | | |Portantino, Skinner | | | | | | | | ----------------------------------------------------------------- SUMMARY : Provides that all juveniles held as status offenders may only be held for 24 hours with the exception of those out-of-state runaways being held pursuant to the Interstate Compact on Juveniles (ICJ). Specifically, this bill : 1)Eliminates the provision of existing law which states that status offenders may be held up to 24 hours after having been taken into custody, in order to locate the minor's parent or guardian as soon as possible and to arrange the return of the minor to his or her parent or guardian, whose parent or guardian is a resident outside of California wherein the minor was taken into custody, except that the period may be extended to no more than 72 hours when the return of the minor cannot reasonably be accomplished within 24 hours due to the distance of the parents or guardian from the county of custody, difficulty in locating the parents or guardian, or difficulty in locating resources necessary to provide for the return of the minor. 2)Clarifies those minors who are out of state runaways being held pursuant to the ICJ, in accordance with the Juvenile Justice and Delinquency Prevention Act of 2002. EXISTING LAW : 1)Provides that no minor shall be detained in any jail, lockup, juvenile hall, or other secure facility who is taken into custody solely upon the ground that he or she is a status offender or adjudged to be such or made a ward of the juvenile court solely upon that ground, except as provided in Welfare and Institutions Code (WIC) Section 207(b). If such an AB 2350 Page 2 offender is detained, he or she shall be detained in a sheltered-care facility or crisis resolution home as provided for as specified, or in a non-secure facility provided for as specified. 2)States that a minor taken into custody upon the ground that he or she is a status offender, or adjudged to be a ward of the juvenile court solely upon that ground, may be held in a secure facility, other than a facility in which adults are held in secure custody, in any of the following circumstances: a) For up to 12 hours after having been taken into custody for the purpose of determining if there are any outstanding wants, warrants, or holds against the minor in cases where the arresting officer or probation officer has cause to believe that the wants, warrants, or holds exist; b) For up to 24 hours after having been taken into custody, in order to locate the minor's parent or guardian as soon as possible and to arrange the return of the minor to his or her parent or guardian; and, c) For up to 24 hours after having been taken into custody, in order to locate the minor's parent or guardian as soon as possible and to arrange the return of the minor to his or her parent or guardian, whose parent or guardian is a resident outside of California wherein the minor was taken into custody, except that the period may be extended to no more than 72 hours when the return of the minor cannot reasonably be accomplished within 24 hours due to the distance of the parents or guardian from the county of custody, difficulty in locating the parents or guardian, or difficulty in locating resources necessary to provide for the return of the minor. 3)States that any minor detained in juvenile hall pursuant to WIC Section 207(b) may not be permitted to come or remain in contact with any person detained on the basis that he or she has been taken into custody upon the ground that he or she is a person described as specified or adjudged to be such or made a ward of the juvenile court upon that ground. 4)Provides that minors detained in juvenile hall as specified may be held in the same facility provided they are not AB 2350 Page 3 permitted to come or remain in contact within that facility. 5)States that every county shall keep a record of each minor detained under WIC Section 207(b) of, the place and length of time of the detention, and the reasons why the detention was necessary. Every county shall report this information to the Board of Corrections (Board) on a monthly basis, on forms to be provided by that agency. The Board shall not disclose the name of the detainee, or any personally identifying information contained in reports sent to the Youth Authority under this subdivision. FISCAL EFFECT : None COMMENTS : According to the author, "AB 2350 will conform California statutes to federal funding standards to avoid any loss of federal money coming to the state. It does so by clarifying that the maximum time spent by a non-ICJ status offender is 24 hours, and that an ICJ status offender is held no more than currently allowed limit at 72 hours." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003856