BILL ANALYSIS
AB 760
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 760 (Nava)
As Amended August 30, 2005
Majority vote
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|ASSEMBLY: |72-6 |(May 31, 2005) |SENATE: |23-13|(September 6, |
| | | | | |2005) |
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Original Committee Reference: PUB. S.
SUMMARY : Required 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 two additional phone calls for the purpose of arranging
for the care of the minor child or children, as specified.
The Senate amendments delete the Assembly version of this bill
except for provisions that would allow a custodial parent two
additional phone calls during the booking process and
double-join this bill with SB 963 (Ashburn), currently in
enrollment, to avoid chaptering problems.
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.
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
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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 the Commission on Peace Officer Standards and
Training (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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Added 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.
2)Required 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.
3)Stated 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.
4)Required 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
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, "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 two additional phone calls, the result would be
an additional 140,000 calls. Assuming several minutes per call,
local law enforcement would pursue reimbursement for hundreds of
thousands of dollars for these custodial costs.
COMMENTS : According to the author, "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."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744 FN:0012803