BILL ANALYSIS
AB 760
Page 1
ASSEMBLY THIRD READING
AB 760 (Nava)
As Introduced February 18, 2005
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 13-5
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|Ayes:|Leno, La Suer, Cohn, |Ayes:|Chu, Bass, Berg, |
| |Dymally, Goldberg, | |Calderon, Mullin, |
| |Ruskin, Spitzer | |Karnette, Klehs, Leno, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
| | | | |
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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.
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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:
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.
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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.
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.
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Moderate state-reimbursable mandated local cost, potentially
in excess of $500,000 statewide, to local law enforcement
(primarily county jails) for additional custody coverage for
what could be hundreds of thousands of additional phone calls.
For example, if 5% of the 1.4 million people arrested in
California in 2003 were determined to be custodial parent and
made three additional phone calls, the result would be an
additional 210,000 calls. Assuming several minutes per call,
local law enforcement would pursue reimbursement for hundreds
of thousands of dollars for these custodial costs.
2)One-time costs to POST in the range of $100,000 to develop
guidelines and training for local law enforcement.
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COMMENTS : 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."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0010750