BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2380 Hearing Date: June 28, 2016
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|Author: |Alejo |
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|Version: |April 18, 2016 |
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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.
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On February 10, 2014, the federal court ordered California to
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 This Bill
According to the author:
In December of 2015, authorities found the bodies of a
3-year-old and a 6-year-old child in a storage
container in Northern California. The children had
been in the custody of Tami Huntsman, an informal
caregiver who was designated by their father. The
father had been sentenced to a long prison term and
children's mother was deceased. Huntsman has since been
charged with the children's murder in Monterey County.
A 2000 study conducted by the California Research
Bureau on the Children of Incarcerated Parents stated
that, "Police do not routinely ask at the time of
arrest whether their prisoners have children, nor do
sentencing judges or correctional agencies regularly
raise this question" , and that "these children seem to
fall through the cracks". In addition, Parents in
Prison and Their Minor Children, a 2008 Special Report
by the Bureau of Justice Statistics stated that "An
estimated 809,800 prisoners ?held in the nation's
prisons at midyear 2007 were parents of minor children,
or children under age 18.
Doing the most to ensure the health and safety of our
children is one of the most essential roles of
government. Our system failed these children. There is
currently no requirement for the courts to provide any
information or guidance regarding steps incarcerated
parents can take to ensure the wellbeing of their
children with a new non parent guardian. To help
prevent tragedies in cases such as that of Tami
Huntsman, it is absolutely necessary that the courts,
at a minimum, provide information on what steps can be
taken to keep children safe.
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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
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
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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 is also
given an opportunity to enter a plea. (Penal Code § 988.) At
this time the 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 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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