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: August 27, 2015   |Consultant: Jolie Onodera       |
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          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                     adopted by the committee on August 27, 2015


          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









          AB 303 (Gonzalez)                                      Page 1 of  
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          Fiscal  
          Impact:  
           Minor ongoing costs (General Fund*) to local jails to comply  
            with the added requirement that all persons within sight of a  
            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.
           Non-reimbursable local costs for enforcement, offset to a  
            degree by fine revenue to the extent misdemeanor violations  
            are charged.


          Author  
          Amendments:  Clarify that the bill's provisions do not limit the  
          additional protections provided under existing law to minors  
          charged with misdemeanor or infraction offenses, and make other  
          technical changes.


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