BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1052 (Lara) - Custodial interrogation: juveniles
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|Version: March 28, 2016 |Policy Vote: PUB. S. 5 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 27, 2016 |Consultant: Jolie Onodera |
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Bill
Summary: SB 1052 would require a youth under 18 years of age to
consult with counsel prior to a custodial interrogation and
before the waiver of any Miranda rights, as specified. This bill
provides that the consultation may not be waived.
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal
Impact:
Local law enforcement agencies : Major non-reimbursable local
costs, potentially in the millions of dollars (Local Funds)
annually to provide legal counsel to minors prior to custodial
interrogations, to the extent local law enforcement agencies
(482 cities and 58 counties) incur additional costs to provide
counsel and/or incur operational delays. The DOJ Juvenile
Justice in California report indicates nearly 87,000 juvenile
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arrests reported in 2014. A portion of these costs could
potentially be subject to Proposition 30 funding requirements
(General Fund*).
Department of Corrections and Rehabilitation (CDCR) : One-time
costs of up to $50,000 (General Fund) to revise regulations.
Ongoing minor costs of $37,000 (General Fund) annually to the
Division of Juvenile Justice (DJJ) to have legal counsel
available for DJJ youth. The DJJ has indicated an average of
six DJJ youth subject to custodial interrogation per month.
California Highway Patrol : Minor, absorbable costs (Special
Fund**) to modify juvenile interrogation policy and training.
Court instruction : Minor one-time cost (General Fund***) to
the Judicial Council to develop the court instruction, as
specified.
Court workload : No significant impact estimated to ongoing
court workload (General Fund***) resulting from this measure.
Proposition 30* : Exempts the State from mandate reimbursement
for realigned responsibilities for "public safety services"
including the provision of services for, and supervision of,
juvenile offenders. However, legislation enacted after
September 30, 2012, that has an overall effect of increasing
the costs already borne by a local agency for public safety
services applies to local agencies only to the extent that the
State provides annual funding for the cost increase. The
provisions of Proposition 30 have not been interpreted through
the formal court process to date, however, to the extent local
agency costs to county probation and sheriff departments
resulting from this measure are determined to be applicable
under the provisions of Proposition 30, could potentially
result in additional costs to the State.
**Motor Vehicle Account
***Trial Court Trust Fund
Author
Amendments: Clarify that references to counsel in the bill mean
"legal" counsel.
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