BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 303 (Gonzalez) - Searches: county jails
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|Version: April 16, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 22, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 303 would do the following:
Requires that during a strip search or body cavity
search of a prearraignment detainee or a minor detained
prior to a detention hearing and charged with a misdemeanor
or infraction offense, all persons within sight of the
detainee be of the same sex as the person being searched,
except for physicians or licensed medical personnel, as
specified.
Extends the protections regarding the manner in which a
strip search or visual or physical body cavity search is
conducted to all detained minors (including those charged
with felony offenses, post-detention hearing, and in the
custody of the Department of Corrections and Rehabilitation
(CDCR)), and all minors adjudged a ward of the court, as
specified.
Fiscal
Impact:
Minor ongoing costs (General Fund*) to local jails to comply
with the added requirement that all persons within sight of a
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prearraignment detainee charged with a misdemeanor or
infraction offense be of the same sex as the person being
searched.
Potentially significant one-time and ongoing costs in excess
of $150,000 (General Fund*) statewide for local jails and
county juvenile facilities to comply with the protections
regarding the manner in which a strip search or body cavity
search is conducted on all detained minors and wards of the
court. According to DOJ statistics, nearly 97,000 arrests of
juveniles occurred in 2013, of which nearly 32 percent
(30,800) accounted for felony arrests.
Minor and absorbable ongoing costs (General Fund) to the CDCR
to comply with the search requirements for all minors placed
in CDCR facilities.
Potential impact (General Fund) to the Department of Social
Services (DSS) to comply with the requirements relating to
minors adjudged wards of the court and placed in DSS-licensed
facilities.
Non-reimbursable local costs for enforcement, offset to a
degree by fine revenue to the extent misdemeanor violations
are charged.
*Proposition 30 exempts the State from mandate reimbursement for
realigned programs, however, legislation that has an overall
effect of increasing the costs already borne by a local agency
for realigned programs, including public safety services such as
managing local jails and providing supervision of juvenile and
adult offenders, apply to local agencies only to the extent that
the State provides annual funding for the cost increase. To the
extent the provisions of this measure create a higher level of
service and increase the overall costs to local jails and county
juvenile facilities, could require the provision of General Fund
support.
Background: Existing law states the conditions and manner in which strip
searches may occur in local detention facilities. AB 1367
(Waters) Chapter 35/1984 includes codified language stating the
intent of the Legislature to protect the state and federal
constitutional rights of the people of California by
establishing a statewide policy strictly limiting strip search
and body cavity searches.
These provisions apply only to pre-arraignment detainees
arrested for infraction or misdemeanor offenses and to minors
detained prior to a detention hearing, as specified. Existing
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law provides that no person as just described held in custody on
a misdemeanor or infraction offense, except those involving
weapons, controlled substances, or violence, shall be subjected
to a strip or visual body cavity search prior to the placement
in the general jail population unless a peace officer has
determined there is a reasonable suspicion to believe the person
is concealing a weapon or contraband, and a strip search will
result in the discovery of the weapon or contraband. A strip
search may only occur with the prior written authorization of
the supervising officer on duty. (Penal Code (PC) §
4030(b)-(f).)
Existing law requires, among other things, that all persons
conducting or otherwise present during a strip search or visual
or physical body cavity search to be of the same sex as the
person being searched, except for physicians or licensed medical
personnel. (PC § 4030(l).). Under existing law, a person who
knowingly and willfully authorizes or conducts a strip, visual,
or physical body cavity search in violation of the prescribed
provisions is guilty of a misdemeanor. (PC § 4030(n).).
Proposed Law:
This bill requires that during a strip search or body cavity
search of a prearraignment detainee or a minor detained prior to
a detention hearing and charged with a misdemeanor or infraction
offense, all persons within sight of the detainee be of the same
sex as the person being searched, except for physicians or
licensed medical personnel, as specified. Additionally, this
bill extends the following protections regarding the manner in
which a strip search or visual or physical body cavity search is
conducted to all detained minors and all minors adjudged a ward
of the court:
Persons conducting a strip search or a visual body
cavity search shall not touch the breasts, buttocks, or
genitalia of the person being searched.
A physical body cavity search shall be conducted under
sanitary conditions, and only by a physician, nurse
practitioner, registered nurse, licensed vocational nurse
or emergency medical technician Level II licensed to
practice in this state.
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All persons conducting or otherwise present or within
sight of the inmate during a strip search or visual or
physical body cavity search shall be of the same sex as the
person being searched, except for physicians or licensed
medical personnel.
All strip, visual, and physical body cavity searches
shall be conducted in an area of privacy so that the search
cannot be observed by persons not participating in the
search. Persons are considered to be participating in the
search if their official duties relative to search
procedure require them to be present at the time the search
is conducted.
Provides that a person who knowingly and willfully
authorizes or conducts a strip, visual, or physical body
cavity search in violation of the specified provisions is
guilty of a misdemeanor.
Authorizes any person who suffers damage or harm as a
result of a violation of this section to bring a civil
action to recover actual damages, or $1,000, whichever is
greater.
Related
Legislation: None applicable.
Staff
Comments: By imposing additional requirements on local
agencies, this bill creates a state-mandated local program.
Proposition 30 (2012) exempts the State from mandate
reimbursement for realigned programs, however, legislation that
has an overall effect of increasing the costs already borne by a
local agency for realigned programs, including public safety
services such as managing local jails and providing supervision
of juvenile and adult offenders, apply to local agencies only to
the extent that the State provides annual funding for the cost
increase.
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This bill revises existing law to require that all persons
within sight during a strip search or body cavity search of a
prearraignment detainee charged with a misdemeanor or infraction
offense be of the same sex as the person being searched. As
existing law already requires all persons conducting or
otherwise present during a strip search or body cavity search to
be of the same sex as the person being searched, with the
exception of physicians or licensed medical personnel, this
change is estimated to result in minimal impact to local
agencies.
This bill also extends the protections regarding the manner in
which a strip search or visual or physical body cavity search is
conducted to 1) all detained minors, regardless of the offense
charged, at any time during custody, and inclusive of minors in
the custody of CDCR; and, 2) all minors adjudged a ward of the
court.
This provision could result in one-time and ongoing costs
potentially in excess of $150,000 (General Fund) statewide for
local jails and county juvenile facilities to comply with these
provisions, which could include the need to revise policies and
procedures to comply operationally with these requirements.
The CDCR has indicated minor and absorbable ongoing costs to
comply with the search requirements for all minors placed in
CDCR facilities.
The Department of Social Services (DSS) may incur additional
workload and costs to comply with the requirements relating to
minors adjudged wards of the court and placed in DSS-licensed
facilities. The magnitude of this impact, while still being
determined at the time of this analysis, could be significant.
To the extent misdemeanor charges are filed due to violations of
the bill's provisions would result in non-reimbursable local
costs for enforcement, offset to a degree by fine revenue.
Recommended
Amendments: To clarify that the provisions of new PC § 4031 do
not limit the additional protections provided under existing law
to minors charged with misdemeanor or infraction offenses, staff
recommends the following amendment:
On page 6, between lines 33 and 34 insert:
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(i) Nothing in this section shall be construed to limit the
protections provided by Section 4030 for individuals described
in subdivision (b) of that section.
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