BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 303 (Gonzalez) - Searches: county jails ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 16, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 27, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- *********** 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 ? 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. -- END --