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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