BILL ANALYSIS                                                                                                                                                                                                    




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

          Bill No:    SB 795        Hearing Date:    April 28, 2015    
          
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          |Author:    |Committee on Public Safety                           |
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          |Version:   |March 10, 2015                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|MK                                                   |
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                           Subject:  Public Safety Omnibus



          HISTORY
          Source:   Various

          Prior Legislation:SB 1461 (SCoPS)
                           SB 514 (Committee on Public Safety) - Ch. 59,  
          Stats. 2013
                           SB 1144 (Strickland) - Ch. 867, Stats. 2012
                           SB 428 (Strickland) - Ch. 304, Stats. 2011
                           SB 1062 (Strickland) - Ch. 708, Stats. 2010
                           SB 174 (Strickland) - Ch. 35, Stats. 2009
                           SB 1241 (Margett) - Ch. 699, Stats. 2008
                           SB 425 (Margett) - Ch. 302, Stats. 2007
                           SB 1422 (Margett) - Ch. 901, Stats. 2006
                           SB 1107 (Committee on Public Safety) - Ch. 279,  
          Stats. 2005
                           SB 1796 (Committee on Public Safety) - Ch. 405,  
          Stats. 2004
                           SB 851 (Committee on Public Safety) - Ch. 468,  
          Stats. 2003











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                           SB 1852 (Committee on Public Safety) - Ch. 545,  
          Stats. 2002
                           SB 485 (Committee on Public Safety) - Ch. 473,  
          Stats. 2001
                           SB 832 (Committee on Public Safety) - Ch. 853,  
          Stats. 1999
                           SB 1880 (Committee on Public Safety) - Ch. 606,  
          Stats. 1998

          Support:  Unknown

          Opposition:None known
                                                
          PURPOSE
          
          The purpose of this bill is to make technical and corrective  
          changes to various code sections relating generally to criminal  
          justice laws, as specified.
          
          Existing law provides that when a person is arrested without a  
          warrant, the person must be taken before the nearest accessible  
          magistrate with certain exceptions. (Penal Code  849)

          This bill adds an exception for a person arrested for a DUI that  
          needs to be taken for medical treatment first.
          Existing law provides that when a person is arrested and taken  
          into custody, that person may be subjected to patdown searches,  
          metal detector searches and thorough clothing searches in order  
          to discover and retrieve concealed weapons and contraband  
          substance prior to being placed in a booking cell. (Penal Code   
          4030)

          This bill would also allow the use of body scanners when a  
          person is taken into custody.

          Existing law, the Interstate Compact for Juveniles, which  
          sunsets on January 1, 2016, establishes an interstate commission  
          of the compacting states to, among other things, oversee,  
          supervise, and coordinate the interstate movement of juveniles.





                                                                           






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          This bill deletes the sunset.

          This bill makes additional technical changes.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight 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  
          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 February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 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).

          While significant gains have been made in reducing the prison  
          population, the state now 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  




                                                                           






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


          COMMENTS

          1.Purpose of This Bill  




















                                                                           






           
          This is the annual omnibus bill.  In past years, the omnibus  
          bill has been introduced by all members of the Committee on  
          Public Safety.  This bill is similar to the ones introduced as  
          Committee bills in the past in that it has been introduced with  
          the following understanding:

           The bill's provisions make only technical or minor changes to  
            the law; and
           There is no opposition by any member of the Legislature or  
            recognized group to the proposal.

          This procedure has allowed for introduction of fewer minor bills  
          and has saved the Legislature time and expense over the years.
          
          2.  A Person Arrested for DUI Needing Medical Attention

          This amendment to Section 849 of the Penal Code (PC) seeks to  
          clarify existing language relating to the release of a person  
          arrested for driving under the influence (DUI) who is injured  
          and requires medical attention.

          This amendment would help provide law enforcement officials with  
          clarification of release from custody procedures in situations  
          where a DUI arrestee cannot be booked into jail due to their  
          need for medical attention.  

          A common occurrence patrol officers experience is when a DUI  
          driver is involved in a traffic collision and requires some type  
          of medical attention.  The provisions of Section 849 PC often  
          confuse officers who desire to release a driver lawfully  
          arrested for DUI to the care of the hospital.  While the intent  
          of Section 849 PC is to allow the release of an arrestee in this  
          situation, the current statutory language causes confusion. 

          3.  Use of Body Scanners When a Person is Taken Into Custody
          
          There is some concern that although airport-type screenings are  
          permitted for bookings, including authorizing the use of metal  
          detectors and pat down searches, there is no explicit  
          authorization for body scanners.  This amendment will authorize  
          the use of body scanners for 

          bookings, the use of which, arguably, is less intrusive than  
          strip searches and visual body cavity searches.    

          4.  Removal of Sunset on the Interstate Compact for Juveniles
          
          Chapter 4 of the WIC, which includes 1400-1403, codifies the  






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          terms, requirements and responsibilities of the Interstate  
          Compact for Juveniles (ICJ), which was adopted into California  
          law by Assembly Bill (AB) 1053 (Solorio) (Chapter 268, Statutes  
          of 2009). When originally enacted, this section also included a  
          sunset which stated that the chapter would only be in effect  
          until January 1, 2012, pending various actions. Since the  
          enactment of the legislation in 2012, the sunset has been  
          extended twice, to 2014 and again to 2016.  As many of the  
          requirements of AB 1053 have been met or are in the process of  
          being fulfilled, the sunset is no longer necessary. This  
          proposal would remove the sunset from this section, thereby  
          ensuring California's permanent membership in this national  
          compact. 

          5.  Technical Changes
          
          This bill makes other technical changes.


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