BILL ANALYSIS                                                                                                                                                                                                    



          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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