BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2350
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2350 (Hill)
          As Amended  April 12, 2010
          Majority vote 

           PUBLIC SAFETY       7-0                                         
           
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          |Ayes:|Ammiano, Hagman, Beall,   |     |                          |
          |     |Gilmore, Hill,            |     |                          |
          |     |Portantino, Skinner       |     |                          |
          |     |                          |     |                          |
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           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
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            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
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            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