BILL ANALYSIS Ó AB 2015 Page 1 Date of Hearing: April 25, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2015 (Mitchell) - As Amended: April 11, 2012 Policy Committee: Public SafetyVote: 6-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill requires an arresting or booking officer to immediately inquire if an arrested person is a custodial parent with responsibility for a minor child, and requires a sign be posted in a conspicuous place informing an arrested custodial parent of his or her right to two additional phone calls to arrange childcare in the parent's absence. Specifically, this bill: 1)States the required notification be conducted in the arrestee's primary language. 2)Requires that at any police facility or place where an arrestee is detained, a sign be conspicuously posted in bold black letters informing an arrestee who is a custodial parent with responsibility for a minor child of the right to two additional telephone calls at no expense if the telephone calls are within the local calling area, or at his or her own expense if outside the local calling area, to arrange childcare. Requires the signs be in any non-English language spoken by 5% or more of the public served by the police facility or detainment facility. 3)Specifies the rights and duties relating to additional phone calls for custodial parents be enforced regardless of the arrestee's immigration status. 4)Requires, upon release or transfer, an arrestee or detainee be informed of the right to make at least two telephone calls to notify a child caregiver or family member of the release or transfer. AB 2015 Page 2 FISCAL EFFECT 1)Unknown, potentially moderate reimbursable costs that could run into the hundreds of thousands of dollars, for active rather than passive identification of custodial parents who have the right to two additional phone calls. As this bill requires the identification to be accomplished in the arrestee's native language, immediately upon arrest and again three hours after arrest, the cost of an interpreter could prove significant. There were more than 1.6 million arrests in California in 2009. 2)Unknown, likely minor reimbursable costs for signage. COMMENTS 1)Rationale . The author's intent is simply to facilitate what is basically current law. Custodial parents already have the right to two additional phone calls and signage is required to notify all detained persons of the right to three phone calls. The author, and a lengthy list of proponents, contend that an active effort to identify custodial parents can be accomplished without significant procedural changes, and that enhanced signage and efforts to acknowledge additional languages will protect children who might otherwise be overlooked. 2)Concerns. Preliminary comments from law enforcement representatives indicate concerns regarding the mandated active notification as well as potential liability given the sheer number of required notifications. In turn, the author has indicated a willingness to clarify the notification procedures and address the mandate concerns. AB 2015 Page 3 Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081