BILL ANALYSIS Ó
AB 2015
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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
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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
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081