BILL ANALYSIS                                                                                                                                                                                                    



          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 28, 2015      |Consultant: Jolie Onodera       |
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          SUSPENSE FILE. AS AMENDED.

          

          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 (as approved May 28,  
          2015):  
            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.  
            

          Committee amendments (as adopted May 28, 2015):  Make the  
          following technical changes: 
                 On page 5, in line 3, strike out "and" and insert  
               "released, shall,"


                 On page 5, in line 3, strike out "shall"


                 On page 6, in line 2, delete the word "prearrangement"  
               and insert "prearraignment" 


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