BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 795 (Committee on Public Safety) - Public Safety Omnibus
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|Version: March 10, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 11, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 795, the Public Safety Omnibus bill, would make
changes to various code sections relating generally to criminal
justice laws, as specified below:
Removes the sunset on the Interstate Compact for
Juveniles (ICJ), thereby extending its provisions
indefinitely.
Authorizes the use of body scanners when a person is
taken into custody.
Adds an additional exception to the requirement to
appear before a magistrate prior to release from custody
for a person arrested for driving under the influence (DUI)
that needs to be taken for medical treatment first.
Makes various other technical changes.
Fiscal
Impact:
Removal of ICJ sunset : Annual dues of $37,000 (General Fund).
Unknown, potential future cost pressure (General Fund) for
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ongoing ICJ compliance.
Body scanner authorization : Significant future cost pressure
(Local/State) to the extent the authorization for the use of
body scanners results in future funding for equipment and
training.
Background: Existing law sets forth the Interstate Compact for Juveniles,
a multi-state agreement governing the out-of-state placement of
juvenile wards and procedures for the return to their home
states of juveniles who have run away or absconded. The ICJ,
enabled by the Federal Crime Control Act, 4 U.S.C. Section 12
(1965), is authorized and encouraged for cooperative efforts and
mutual assistance in the prevention of crime. The original
Juvenile Compact was developed in 1955. A new ICJ was written
and enacted in 2008 when the threshold of 35 states each
ratified the legislation.
Chapter 268/2009 repealed the old compact and authorized the new
ICJ in the State until January 1, 2012. The ICJ sunset date has
since been extended twice and is set to sunset on January 1,
2016. An Executive Steering Committee (ESC) was convened to
review and make recommendations regarding the ICJ, including
whether permanent membership in the ICJ would be the most
effective and prudent means to address supervision of
out-of-state juvenile wards. The Corrections Standard Authority
presented the ESC's final report to the Legislature in January
2011. The report stated it is imperative that all court
officers, judges, prosecutors and defense attorneys, and
probation and parole personnel who are or may be involved in the
interstate movement of juveniles be provided ongoing training in
the ICJ provisions.
Existing law establishes a statewide policy strictly limiting
strip and body cavity searches of prearrangement detainees
arrested for infraction or misdemeanor offenses and of minors
detained prior to a detention hearing on the grounds that he or
she is alleged to have committed a misdemeanor or infraction
offense. Existing law provides that if a person is arrested and
taken into custody, that person may be subjected to pat-down
searches, metal detector searches, and thorough clothing
searches in order to discover and retrieve concealed weapons and
contraband substances prior to being placed in a booking cell.
(Penal Code § 4030.)
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Proposed Law:
This bill makes numerous changes to various code sections
relating generally to criminal justice laws, as follows:
Removes the sunset on the ICJ, thereby extending its
provisions indefinitely.
Authorizes the use of body scanners when a person is taken
into custody.
Adds an additional exception to the requirement to appear
before a magistrate prior to release from custody for a person
arrested for DUI that needs to be taken for medical treatment
first.
Makes various other technical changes.
Related
Legislation: SB 100 (Committee on Budget and Fiscal Review)
Chapter 360/2013 extended the ICJ sunset to January 1, 2016.
AB 220 (Solorio) Chapter 356/2011 extended the ICJ sunset from
January 1, 2012, to January 1, 2014.
Staff
Comments: The CDCR indicates annual costs for ICJ dues of
$37,000 (General Fund). There could be significant future cost
pressure related to maintaining compliance with ICJ rules, as
there are substantial reporting, data collection and data
analysis requirements for ICJ members. The ESC report noted
additional staff and an automated system will most likely be
needed. Although the Interstate Compact Offender Tracking System
(ICOTS) has been established for the Adult Compact, any
significant system changes to the system in order to accommodate
juvenile data would incur costs that would have to be paid for
by the ICJ member states. To the extent the prospective costs of
the data system and maintenance would be paid by the Commission
through the annual dues paid by member states, there would be
significant cost pressure to increase annual dues to members in
order to subsidize costs associated with the development of a
new data system.
Notwithstanding the potential costs of ICJ membership, there are
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likely costs to non-participation in the ICJ to the extent
non-members are not afforded the legal protections of the
Commission and/or individual agreements would need to be drafted
with other states.
The provision of this measure authorizing the use of body
scanners creates significant future cost pressure to the extent
law enforcement agencies utilize this authority and subsequently
purchase equipment. While predominantly impacting local law
enforcement agencies, staff notes the California Highway Patrol
(CHP) is also subject to the provisions of PC § 4030 related to
strip searches. While the CHP has indicated they do not have
booking facilities, there are facilities that the CHP utilizes
that require the CHP to perform a strip search.
Recommended Amendments: Delete the word "prearrangement" in line
2 of page 6, and replace with "prearraignment" - this reverts
the language to existing law.
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