BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 2015 (Mitchell) - Criminal procedure: telephone calls:
arrested custodial parents.
Amended: May 25, 2012 Policy Vote: Public Safety 5-0
Urgency: No Mandate: Yes
Hearing Date: August 16, 2012
Consultant: Jolie Onodera
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: AB 2015 would require an arresting or booking
officer to inquire, as soon as practicable, and except where
physically impossible, no later than three hours after arrest,
if an arrested person is a custodial parent and if so, inform
the person of his or her right to make two additional telephone
calls, as specified, to arrange for child care. This bill would
additionally provide that upon being transferred, held for
immigration reasons, or released to the custody of federal
immigration authorities, an arrestee or detainee shall be
informed of the right to make at least two additional telephone
calls to notify a child caregiver or family member of the
transfer, hold, or release, as specified.
Fiscal Impact:
Ongoing state-reimbursable costs potentially in the low
hundreds of thousands of dollars (General Fund) resulting
from direct inquiry by local law enforcement officers to
identify and notify custodial parents of their right to
additional telephone calls, based on the impact over 1.4
million arrestees per year.
Potential cost pressure (General Fund) on the courts
associated with increased causes of action related to claims
of failure to properly inquire/notify arrestees.
Ongoing state-reimbursable costs potentially in excess of
$360,000 (General Fund) statewide for increased custodial
costs resulting from active notification by local law
enforcement officers to arrestees and detainees upon hold or
release, as specified, of their right to two additional
telephone calls, and the additional custody time required
for the new telephone calls.
One-time state-reimbursable costs likely less than $50,000
AB 2015 (Mitchell)
Page 1
to post the required signage, as specified.
Background: Existing law provides that immediately upon being
booked and, except where physically impossible, no later than
three hours after arrest, an arrested person has a right to make
at least three completed telephone calls, as specified.
Additionally, existing law provides that if, upon questioning
during the booking process, an arrested person is identified as
a custodial parent with responsibility for a minor child, the
arrestee shall be entitled to two additional telephone calls, as
specified, for the purpose of arranging for the care of the
minor child(ren) in the parent's absence.
Proposed Law: This bill would require an arresting or booking
officer to inquire, as soon as practicable upon being arrested
but, except where physically impossible, no later than three
hours after arrest, as to whether the arrested person is a
custodial parent with responsibility for a minor child, and if
so, inform the custodial parent that he or she is entitled to,
and may request to, make two additional telephone calls, as
specified, for the purpose of arranging for the care of the
minor child or children in the parent's absence. Additionally,
this bill:
Provides that at any police facility or place where an
arrestee is detained, a sign in bold black type be posted in
a conspicuous place informing an arrestee who is a custodial
parent with responsibility for a minor child of his or her
right to two additional telephone calls, as specified.
Requires the signs posted, both the notification of
entitlement to three telephone calls as well as the
notification of entitlement to two additional telephone calls
for a custodial parent, to make the specified notifications
in any non-English language spoken by a substantial number of
the public, as specified, who are served by the police
facility or place of detainment.
Specifies the rights and duties relating to additional
telephone calls are to be enforced regardless of the
arrestee's immigration status.
Provides that upon being transferred for any reason, being
held for immigration reasons, or being released to the
custody of federal immigration authorities, an arrestee or
detainee shall be informed of the right to, and may request
to, make at least two telephone calls to notify a child
AB 2015 (Mitchell)
Page 2
caregiver or family member of the release, transfer, or hold
and the location to which he or she will be transferred or
the location of release, if known.
Related Legislation: AB 760 (Nava) Chapter 635/2005 provided
that when, during booking, an arrested person is determined to
be a custodial parent of a minor child or children, the person
would be entitled to make two telephone calls at no expense, as
specified, for the purpose of arranging for the care of the
minor child or children.
Staff Comments: This bill requires law enforcement officers to
actively identify custodial parents and notify them of their
right to two additional telephone calls to arrange for child
care. The provisions of this bill do not increase the number of
telephone calls currently afforded to custodial parents,
however, direct inquiry by law enforcement officers and the
required notification posting could result in a significant
increase in the number of telephone calls conducted, resulting
in increased costs to local law enforcement (primarily county
jails) for additional custody coverage during telephone calls.
It is unknown how many adults arrested each year are custodial
parents and, of those, what percentage of those would be
impacted by the provisions of this bill and would not otherwise
have made telephone calls in the absence of the mandated inquiry
and notification. Should ten percent of the approximately 1.4
million individuals arrested each year (2010 data from the
Department of Justice Annual Report on Crime) be custodial
parents, and assuming 25 percent of the custodial parents would
be impacted by direct inquiry, additional ongoing custody costs
could be in the range of $200,000. It should be noted ongoing
costs could be significantly higher dependent upon the actual
proportion of custodial parents and the existing prevalence of
calls made by custodial parents. Given the right to the
telephone calls already exists under current law, these
additional local costs would likely not be determined
state-reimbursable, however, the active inquiry of all arrestees
could be determined to be a higher level of service upon local
law enforcement agencies. Given the volume of approximately 1.4
million arrestees each year, the costs to actively inquire and
document that each individual has been so notified would result
in state-reimbursable costs potentially in the low hundreds of
thousands of dollars (General Fund). Although the bill does not
AB 2015 (Mitchell)
Page 3
require documentation by law enforcement agencies, the absence
of such documentation could lead to increased litigation and new
causes of action related to claims for failure to properly
inquire/notify, resulting in increased General Fund cost
pressure on the courts.
This bill creates a new notification requirement and establishes
a new right to at least two additional telephone calls for
specified persons. This bill requires law enforcement officers
to notify arrestees of their right to at least two additional
telephone calls upon being transferred, detained, or released to
the custody of federal immigration authorities. It is unknown at
this time how many transfers occur statewide, but the number of
detainees in California based on data from the federal U.S.
Immigration and Customs Enforcement (ICE) Secure Communities
interoperability statistics indicate California administratively
arrested or booked into ICE custody 91,318 individuals over the
30-month period ending April 30, 2011, and removed or deported
41,883 individuals over the same time period. Based on these
figures, over 36,500 individuals could be detained and 16,750
individuals could be deported each year, resulting in over
53,250 occasions for individuals to be provided at least two
additional telephone calls.
These calls were not previously afforded under existing law and
would result in increased state-reimbursable local custody costs
of $360,000 (General Fund) statewide, based on a correctional
officer average hourly wage of $27 and 15 minutes of additional
custody time for the added telephone calls. Staff notes that
this estimate does not include the number of inmate transfers
statewide, which would result in additional state-reimbursable
costs. Moreover, as drafted the bill provides for at least two
additional calls, but does not limit the number of calls,
thereby the number of calls, and associated custodial costs,
could be significantly greater. This bill does not specify that
the additional calls, if made outside of the local calling area,
are to be at the expense of the arrestee/detainee, which would
also increase cost exposure to the state. In consideration of
these additional factors, total state-reimbursable costs
associated with the new telephone calls for transfers, holds, or
release of detainees, could exceed $700,000 (General Fund)
annually statewide.
This bill requires the posting in a conspicuous place of a sign
AB 2015 (Mitchell)
Page 4
in bold black type informing an arrestee who is a custodial
parent of his or her right to two additional telephone calls.
Moreover, the bill requires the new sign, and the existing sign
notifying an arrestee of his or her right to three telephone
calls, to make the specified notification in any non-English
language spoken by a substantial number of the public who are
served by the police facility or place of detainment.
Additional state-reimbursable costs to create, translate, and
post the signs, are estimated to be less than $50,000 (General
Fund) statewide for translations.
Recommended Amendments: As currently drafted, the signage
requirements specify the posted notifications to be in any
non-English language spoken by a substantial number of the
public. Although it is assumed the signs would be posted in
English as well as the appropriate non-English language, the
provisions of the bill do not specifically require the signs to
be posted in English. For clarification, staff recommends the
following amendment:
(f) The signs posted pursuant to subdivisions (b) and (d) shall
make the specified notifications in English and any non-English
language spoken by a substantial number of the public, as
specified in Section 7296.2 of the Government Code, who are
served by the police facility or place of detainment.
This bill would require an arrestee or detainee to be informed
of the right to, and would authorize the person to request, at
least two additional telephone calls to notify a child caregiver
or family member when the individual is transferred, held for
immigration reasons, or released to the custody of federal
immigration authorities. Staff recommends an amendment for
consistency with other related provisions to state that the
additional calls are at no expense to the arrestee if the calls
are completed to telephone numbers within the local calling
area, or at his or her own expense if outside the local calling
area.
As currently drafted, upon transfer, release, or detainment,
individuals have the right to at least two additional telephone
calls. As this provision is open ended and appears inconsistent
with similar calling provisions under existing law, staff
recommends an amendment to clarify that only two additional
calls are authorized.
AB 2015 (Mitchell)
Page 5
Proposed Author Amendments: The proposed author amendments
reflect the staff recommendations above and additionally remove
the provision authorizing additional telephone calls for
defendants being transferred.