BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                            Senator Carole Migden, Chair

                                           760 (Nava)
          
          Hearing Date:  7/11/05          Amended: AI 2/18/05
          Consultant: Nora Lynn           Policy Vote: Public Safety 5-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   

          AB 760 entitles arrested persons who are custodial parents to  
          place three phone calls during the booking process in order to  
          make arrangements for the care of their minor children. AB 760  
          further states legislative intent for law enforcement and county  
          child welfare agencies to develop protocols with local  
          educational, judicial, correctional and community-based  
          organizations for their response to the arrest of a caretaker  
          parent with a minor child.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2005-06     2006-07    2007-08    Fund
           
          State mandated local program Costs potentially in the $700  
          General
          (calls)                      range annually

          POST guidelines              $115                         
          Special*

          Judicial Council rules       Minor, absorbable costs     General
          _____
          * Peace Officers Training Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria to be placed on the  
          Suspense file.

          In 2003, approximately 1.4 million adults were arrested in  
          California on felony and misdemeanor charges. It is unknown how  
          many adults arrested each year are custodial parents and would  
          be permitted an additional three phone calls under AB 760. 











          Assuming 10% of adults arrested are custodial parents and that  
          it would take each of these parents 15 minutes to make the  
          additional three calls permitted by AB 760, additional mandated  
          guarding costs would exceed $700,000 per year. Costs to POST to  
          produce the required guidelines and training would be an  
          estimated $115,000, which POST staff has indicated would be  
          absorbable. Costs to Judicial Counsel would be minor and  
          absorbable.

          STAFF NOTES that the Legislative Analyst estimates the state  
          owes about $2.8 billion in unpaid mandates through the end of  
          the 2004-05 fiscal year. Proposition 1A, approved by the voters  
          at the November 2004 election, requires non-school mandates to  
          be fully funded beginning in 2005-06 or suspended.