BILL ANALYSIS
AB 760
Page 1
Date of Hearing: March 29, 2005
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 760 (Nava) - As Introduced: February 18, 2005
SUMMARY : States legislative intent to encourage law
enforcement and protective service agencies to develop protocols
in collaboration with local educational, judicial, correctional,
and community-based organizations, when appropriate, regarding
how to best cooperate in their response to the arrest of a
caretaker parent in a home where a minor child resides.
Specifically, this bill :
1)Requires that if, during the booking process, an arrested
person is identified as a custodial parent with responsibility
for a minor child, the arrested person shall be given three
additional phone calls for the purpose of arranging for the
care of the minor child or children, as specified.
2)Adds inmates who are the sole custodial parents of minor
children to the category of inmates for whom the Legislature
encourages the development of policies and programs designed
to educate and rehabilitate.
3)Requires the Judicial Council to amend its rules in order that
a probation report at the time of sentencing reflect a
defendant's custodial responsibility for minor children.
4)States that local correctional administrators should
especially consider low-risk offenders who are the sole
custodial parents of minor children for participation in a
home detention program in lieu of post-sentence confinement in
the county jail.
5)Requires the Commission on Peace Officer Standards and
Training (POST) to develop guidelines and training for use by
state and local law enforcement officers to address child
safety when a caretaker parent or guardian is arrested, and
shall at a minimum address the following subjects:
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a) Establishing procedures to ensure that officers and
custodial employees inquire whether an arrestee has minor
dependent children without appropriate supervision;
b) Authorizing additional telephone calls by arrestees so
that they may arrange for the care of minor dependent
children;
c) Using county welfare services, as appropriate, and other
similar service providers to assist in the placement of
dependent children when the parent or guardian is unable or
unwilling to arrange suitable care for the child or
children;
d) Identifying local governmental or nongovernmental
agencies able to provide appropriate custodial services;
e) Temporary supervising minor children to ensure their
safety and well-being; and,
f) Using sample procedures to assist state and local law
enforcement agencies to develop ways to ensure the safety
and well-being of children when the parent or guardian has
been arrested.
EXISTING LAW :
1)Provides that immediately upon being booked and, except where
physically impossible, no later than three hours after arrest,
an arrested person has a right to make at least three
completed phone calls, as specified. (Penal Code Section
851.5.)
2)Finds and declares legislative intent to develop policies and
programs designed to educate and rehabilitate non-violent,
first-time felony offenders consistent with the purpose of
imprisonment. [Penal Code Section 1170(a)(2).]
3)Provides that if a person convicted of a felony is eligible
for probation before judgment is pronounced, the court shall
immediately refer the matter to a probation officer to
investigate and report to the court, at a specified time, upon
the circumstances surrounding the crime and the prior history
and record of the person which may be considered either in
aggravation or mitigation of the punishment. [Penal Code
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Section 1203(b)(2).]
4)Authorizes a county board of supervisors to offer a program
under which minimum security inmates and low-risk offenders
committed to a county jail, granted probation, or
participating in a work furlough program may voluntarily
participate in a home detention program in lieu of confinement
in the county jail. [Penal Code Section 1203.16(a).]
5)Establishes POST to develop and implement training programs to
increase the effectiveness of law enforcement agencies. POST
is authorized to do any and all things necessary or convenient
to enable it to fully and adequately to perform its duties and
to exercise the power granted to it. POST may adopt such
regulations as deemed necessary. (Penal Code Sections 13500,
13503, and 13506.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "As a deputy
district attorney in Fresno and Santa Barbara Counties, I have
seen compelling cases that exemplify the issues addressed by
this bill. Children are deeply affected by the arrest or
incarceration of their parent. Families, law enforcement,
local governments, and community-based organizations must work
together to ensure that children are taken care of when a
parent is arrested or incarcerated. Research and testimony
have shown that there are supportive perspectives throughout
California and other states. This bill is necessary to
address the often over-looked challenges faced by children who
have a parent arrested or incarcerated. According to the
California Research Bureau, approximately 850,000 children in
California have a parent in the criminal justice system. This
bill creates policies that allow for these children to be
treated with respect and care.
2)Children of Parents in Jail : According to the California
Research Bureau's publication, "California Law and the
Children of Prisoners" (February 2003), nationwide an
estimated 1.5 million children had a parent in state or
federal prison in 1999; 22% of those children were under five
years old. The California sample of this survey found that
two-thirds of the state's male prison inmates and 79% of
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female prison inmates were parents with an average of 2.5
children for the men and 2.9 children for the women. This
data closely tracks a 1995 survey of California women
prisoners which found that 80% of female prison inmates had
two or more children and about two-thirds had minor children
(ages 18 and younger). California jails and prisons held
352,732 adult prisoners in mid-2002. Women comprise about 12%
of the adults in jail and 6% of the prison population. Based
upon these numbers and the 1995 California survey data, there
are an estimated 846, 980 children who have parents in
California's jails and prisons.
3)Parental Arrest Effects on Children : Additionally, according
to the above publication, the trauma of an arrest event and
the resulting parent-child separation can have a profound
effect on a child's development, lasting well into adulthood.
Emotional reactions to the arrest can include denial, anger,
anxiety, inability to concentrate, depression, sadness, grief
shame and fear. Often, there are negative behavioral
manifestations which may include difficulty sleeping, poor
school performance, truancy, use of alcohol or drugs, and
delinquency
and intergenerational conflict. A study of the children of 70
mothers awaiting trial in Boston, Massachusetts, found that
52% suffered from at least one major psychological disturbance
(anxiety, depression, and hyperactivity), making it difficult
to succeed in school. Over one-third of the children were
enrolled in special education classes because of emotional
issues; one-third had repeated a grade. Many of these
children exhibited aggressive and violent behavior, making it
" . . . unlikely they will become successful adults without
early intervention by social service agencies."
4)Law Enforcement and Children of Prisoners : The California
Research Bureau also noted that parents are sometimes arrested
in their children's presence, particularly young children who
are not yet in school. If the child is not present at the
arrest (for instance, the child is at school), he or she may
come home to an empty house and not know what happened to the
parent. Children may be exposed to a repeating pattern of
parental arrest, with the resulting trauma and change in
caregivers. For example, a study of women incarcerated in
three Montana state prisons found that they had previously
been in jail an average of 7.3 times. Thus, law enforcement
is frequently and intensively involved in these families.
AB 760
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What is the responsibility of an arresting officer for a
child, whether the child is present at the time of parental
arrest or not? California law does not directly address this
issue, and there are very few local police guidelines or
protocols to guide an officer's response. The result is a
range of ad hoc decisions made by officers in the field. Law
enforcement officers are necessarily focused on making sure
that the arrest is accomplished in a safe manner. Dealing
with children is not part of a law enforcement officer's
primary duty, nor are most law enforcement officers trained as
to an appropriate response.
REGISTERED SUPPORT / OPPOSITION :
Support
California Commission on the Status of Women
Catholic Conference of Bishops
Drug Policy Alliance Network
Office of the Attorney General
Opposition
None on file
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744