BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 2380       Hearing Date:    June 21, 2016    
          
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          |Author:    |Alejo                                                |
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          |Version:   |April 18, 2016    Click here to enter text.          |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|MK                                                   |
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                        Subject:  Defendants:  minor children



          HISTORY
          Source:   Author

          Prior Legislation:None

          Support:  Peace Officers Research Association of California;  
                    Monterey County Department of Social Services

          Opposition:None known

          Assembly Floor Vote:                 78 - 0
          

          PURPOSE
          The purpose of this bill is to require the court, at the  
          arraignment of a defendant charged with a felony who is the sole  
          custodial parent of a minor child, to provide specified  
          information on options regarding the care of the child.
          
          Existing law states that the arraignment consists of reading the  
          accusatory pleading to the defendant, providing the defendant a  
          copy of the accusatory pleading, and asking the defendant  
          whether he or she pleads guilty or not guilty to the accusatory  
          pleading. (Penal Code, § 988.) 








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          Existing law states that if the defendant appears at arraignment  
          without counsel, the court shall inform defendant of the right  
          to counsel being arraigned, and shall ask the defendant whether  
          he or she desires the assistance of counsel. (Penal Code, §§  
          858(a); 987(a).) 

          Existing law requires the court to advise defendants at  
          arraignment that there are special provisions of law applicable  
          to those who have active duty or veteran status, and shall  
          inform the defendant that if he or she is a member of the  
          military or a veteran that he or she may request the Judicial  
          Council form explaining those special rights. (Penal Code, § 858  
          (d).) 

          Existing law requires, prior to acceptance of a plea of guilty  
          or nolo contendere to any offense punishable as a crime under  
          state law, the court to advise the defendant on the record about  
          the potential immigration consequences of a plea. (Penal Code, §  
          1016.5 (a).)

          This bill provides that at the arraignment of a defendant who is  
          charged with a felony and who is the sole custodial parent of  
          one or more minor children, the court shall provide the  
          following to the defendant:
                 The Judicial Council form the "Guardianship Pamphlet."
                 Information regarding a Power of Attorney for a minor  
               child.
                 Information regarding trustline background examinations  
               pertaining to childcare providers.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  








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          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  








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               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.



          COMMENTS
          1. Need for the bill
          
          According to the author:

               Recently in California a pilot flying a helicopter with  
               seven firefighters on board who were battling a blaze  
               threatening nearby homes, saw a four-rotor drone only  
               10 feet from his windshield.  This forced him to make a  
               hard left to avoid a collision about 500 feet above  
               ground.  In another incident, the sighting of five  
               drones in the area of a wildfire that closed Interstate  
               15 in Southern California and destroyed numerous  
               vehicles, grounded air tanker crews for 20 minutes as  
               flames spread.
               The unregulated and irresponsible use of drones is  
               placing Californians, our firefighters and emergency  
               response personnel in increasing danger.  

               The existing Penal Code section dealing with  
               interfering with police, fire and EMTs does not  
               specifically state that the crime can be committed by  
               using a drone.  By clarifying existing law, police,  
               fire and EMTs will be able to tell drone operators that  
               the use of an unmanned aircraft that interferes with  
               their official activities is a crime and that they must  
               discontinue their use or face being charged.

               Unmanned aircraft or the use of a drone is an emerging  
               industry and technology that is rapidly gaining in  
               popularity.  The sheer numbers of drones is creating  
               problems and concerns about how and where they should  
               be used and it is only now that they are being  
               regulated by the FAA.       AB 1680 recognizes the fact  
               that drones will need additional federal and state  
               regulation but takes a common sense intermediate  
               approach to doing so.  








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               Last year the Joint Legislative Committee on Emergency  
               management and the Senate Judiciary Committee held a  
               hearing on drones in California.  While the use of  
               drones has been presenting  increasing numbers of  
               problems and difficulties, many of those testifying  
               recommended moving slowly to see what the Federal  
               Aviation Administration's response would be in  
               regulating unmanned aerial vehicles.
               AB 1680 is a modest step in ensuring that drones do not  
               interfere with law enforcement, fire fighters and  
               emergency personnel. 
          
          2. Care Options for Children of Incarcerated Parents
          
          Parental incarceration can be traumatic for children, and it can  
          have damaging impacts on a child's education, health, and social  
          relationships. For children who do not have another parent at  
          home, being placed with a relative is often the most stable  
          option, allowing a child to maintain relationships and, ideally,  
          to live at or near his or her home and attend his or her regular  
          school. 

          For a parent who is sentenced to prison and who is the sole  
          guardian, options exist for formalizing the relationship between  
          a chosen caregiver and a parent's child(ren). These can include  
          more informal arrangements, such as completing a Caregiver's  
          Authorization Affidavit, which is a two-page form that an  
          authorized relative can sign which allows a qualified relative  
          to enroll a child in school and agree to school-related medical  
          care for the child. This option does not give a caregiver legal  
          custody over a child. Another option is to grant Power of  
          Attorney to a caregiver, which authorizes an individual to act  
          as a caregiver for a child, and to make decisions regarding the  
          child on behalf of parent. More formal options could also be  
          sought, including legal guardianship, whereby the court may  
          appoint an individual to have custody of a child indefinitely.  
          Legal guardianship does not terminate a parent's rights, but  
          suspends them. These, and other, options each come with various  
          benefits and drawbacks, depending on the circumstances, and  
          parents need to consider their family's particular needs and  
          situation when deciding which, if any, option to pursue. 

          3. TrustLine








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          TrustLine, created by the California Legislature in the 1980s,  
          is a registry of license-exempt child care providers who have  
          cleared a criminal background check run by the Department of  
          Social Services that includes a check of the Child Abuse Central  
          Index (CACI) administered by the Attorney General and the  
          California Department of Justice's California Criminal History  
          System, and can involve a check of criminal history records at  
          the Federal Bureau of Investigation. Child care providers listed  
          on TrustLine do not have either of the following: disqualifying  
          criminal convictions or substantiated reports of child abuse  
          found on CACI. AB   Applicants for the registry must complete a  
          form, submit fingerprints, and pay a one-time fee to DSS. Fees  
          can vary, and start at approximately $135. Parents are able to  
          check if an individual is listed on the registry by calling a  
          toll-free number.
          
          4. Arraignment

          The arraignment is the defendant's first court appearance. At  
          this time, the defendant is informed of the nature of the  
          charges, is given a copy of the accusatory pleading, and also  
          given an opportunity to enter a plea. (Penal Code § 988.) At  
          this time judge or magistrate also advises the defendant of the  
          right to counsel and the right to a court appointed attorney, if  
          he or she is indigent. 

          At arraignment, this bill would also have the judge at provide a  
          defendant who is the sole custodial parent of one or more minor  
          children: a Judicial Council from called the "Guardianship  
          Pamphlet"; Information regarding a Power of Attorney for a minor  
          child; and information regarding trustline background  
          examinations.

           
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