BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 760|
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THIRD READING
Bill No: AB 760
Author: Nava (D), et al
Amended: 8/30/05 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/21/05
AYES: Alquist, Cedillo, Migden, Perata, Romero
NO VOTE RECORDED: Poochigian, Margett
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/25/05
AYES: Migden, Alarcon, Alquist, Escutia, Florez, Murray,
Ortiz, Romero
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
ASSEMBLY FLOOR : 72-6, 5/31/05 - See last page for vote
SUBJECT : Children of incarcerated parents
SOURCE : Author
DIGEST : This bill 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 entitled to make two additional phone
calls, as specified, for the purpose of arranging for the
care of the minor child or children in the parent's
absence.
ANALYSIS : Existing law provides that immediately upon
being booked and, except where physically impossible, no
CONTINUED
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later than three hours after arrest, an arrested person has
a right to make at least three completed phone calls, as
specified.
This bill provides that if, upon questioning during the
booking process, an arrested person is identified as a
custodial parent with responsibility for a minor child, the
arrested person be shall be entitled to make two additional
phone calls at no expense if the calls are completed to
telephone numbers within the local calling area to a
relative or other person for the purpose of arranging for
the care of the minor child or children in the parent's
absence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07
2007-08 Fund
State-mandated local Costs potentially in the
$700 range General
program (calls) annually
Assuming 10 percent of adults arrested are custodial
parents and that it will take each of these parents 15
minutes to make the additional two calls permitted by this
bill, additional mandated guarding costs will exceed
$700,000 per year. Costs to the Commission on Peace
Officers Standards and Training (POST) to produce the
required guidelines and training is an estimated $115,000,
which POST staff has indicated will be absorbable. Costs
to the Judicial Council of California will be minor and
absorbable.
SUPPORT : (Verified 8/30/05)
California Catholic Conference of Bishops
Office of the Attorney General
California Commission on the Status of Women
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3
California Judges Association
California Public Defenders Association
Drug Policy Alliance Network
Friends Committee on Legislation
Girl Scout Councils of California
Juvenile Court Judges of California
Los Angeles Affiliate of the National Association of
Counsel for Children
National Association of Social Workers, California Chapter
Office of the Attorney General
ARGUMENTS IN SUPPORT : The author states, "AB 760
addresses the fact that state law provides very limited
direction on how the criminal justice authorities should
interact with the families and children of incarcerated
parents. Currently, law and practice do not require the
arresting officer to inquire of arrestees if they have
children who may need care and supervision in the
arrestees' absence. Especially, when a parent is arrested
without his or her children present, there are no
established guidelines for ascertaining whether the
children will need supervision while their parent is
detained or incarcerated. AB 760 provides several measures
during arrest, jail intake, probation evaluation, and
sentencing that serve to protect the safety and well-being
of children who have a parent who is arrested or
incarcerated."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Evans, Frommer, Garcia, Goldberg,
Hancock, Harman, Jerome Horton, Shirley Horton, Houston,
Huff, Jones, Karnette, Keene, Klehs, Koretz, La Suer,
Laird, Leno, Leslie, Levine, Lieber, Liu, Matthews, Maze,
McCarthy, Montanez, Mullin, Nakanishi, Nation, Nava,
Negrete McLeod, Niello, Oropeza, Parra, Pavley, Plescia,
Richman, Ridley-Thomas, Ruskin, Saldana, Salinas,
Spitzer, Torrico, Tran, Umberg, Vargas, Villines, Wolk,
Wyland, Yee, Nunez
NOES: Haynes, La Malfa, Mountjoy, Sharon Runner,
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Strickland, Walters
NO VOTE RECORDED: Emmerson, Gordon
RJG:mel 8/29/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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