BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1052 (Lara) - Custodial interrogation: juveniles ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: PUB. S. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 27, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 1052 (Lara) Page 1 of ? 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. -- END -- SB 1052 (Lara) Page 2 of ?