BILL ANALYSIS
AB 862
Page 1
Date of Hearing: April 26, 2005
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 862 (Bass) - As Amended: April 21, 2005
SUMMARY : Requires that information regarding child support
modification be distributed to any parent of a minor in
California Department of Corrections (CDC) custody.
Specifically, this bill :
1)Requires that every inmate remanded to the custody of CDC who
is a parent of a minor child receive, upon reception,
information on child support modification as developed by the
Department of Child Support Services, which shall include, but
not being limited to:
a) A Department of Child Support Services Child Support
Handbook;
b) A pamphlet, "Child Support Information for the Parent in
Jail or Prison";
c) Information and forms on Compromise of Assigned
Arrearages; and,
d) Information on services provided by the family law
facilitators.
EXISTING LAW :
1)Provides that the father and mother of a minor child have an
equal responsibility to support their child in the manner
suitable to the child's circumstances. [Family Code Section
3900.]
2)Provides that if a parent of a minor child willfully omits,
without lawful excuse, to furnish necessary clothing, food,
shelter or medical attendance, or other remedial care for his
or her child, he or she is guilty of a misdemeanor punishable
by a fine not exceeding $2,000, or by imprisonment in the
AB 862
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county jail not exceeding one year, or by both such fine and
imprisonment. (Penal Code Section 270.)
3)Creates the Department of Child Support Services to administer
all services and perform all functions necessary to establish,
collect and distribute child support. (Family Code Section
17200.)
4)States that payment of child support ordered by the court
shall be made by the person owing the support payment before
payment of any debts owed to creditors. (Family Code Section
4011.)
5)Provides that if child support is owed and unpaid for 30 days,
the support obligee may file a motion to obtain a judgment for
the amount owed, which shall be enforceable in any manner
provided by law for the enforcement of judgments. (Family
Code Section 4725.)
6)Requires each superior court to maintain an office of the
family law facilitator to deal with various matters, including
child support. (Family Code Section 10004.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The purpose of
this bill is to create a uniform notification process in
California state prisons to provide incarcerated non-custodial
parents with the appropriate information on their
responsibilities relating to the process and procedures for
modification of child support orders.
"There are a large number of men and women entering state prison
with existing child support orders against them. Many parents
may not be aware of the orders against them. If individuals
become aware of support orders, many are unaware of their
responsibility to notify the court of their change in
circumstance, how to access the process for modification or
what must be done to petition for modification while in prison
and unable to earn. Out of the 32 prisons in this state, very
few have a process available for prisoners to access this
information. At a minimum, newly incarcerated inmates should
receive this information at all institutions upon reception.
AB 862
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"This bill is not an attempt to suspend the support obligations
of incarcerated individuals, but to ensure that they are
adequately informed of the need to modify their support orders
and are provided the vital information and resources to do so.
A uniform process of notification is a modest step to assist
the obligator to take responsibility for their cases. Early
access and intervention will ensure that the debt owed when
released from prison does not become an obstacle for job
opportunities and wages needed by parents to provide for their
children.
"Additionally, this process could also help with the collection
effort of Department of Child Support Services.
Approximately 29% of the past-due child support owed is from
incarcerated parents and this number will continue to grow if
this population remains uniformed and out of reach."
2)Comment : Under existing law, the CDC has responsibility for
the care and custody of inmates under its jurisdiction. This
bill would express the intent of the Legislature that every
inmate who is remanded to the CDC and is a parent of a minor
child shall receive, upon reception to the CDC, a notice of
parental rights and responsibilities, including information
about how to modify child support orders.
REGISTERED SUPPORT / OPPOSITION :
Support
Friends Committee on Legislation
Legal Services for Prisoners with Children
Voters Corrections Reform Coalition
Opposition
None on file
Analysis Prepared by : Nina Kapoor - Gregory Pagan / PUB. S. /
(916) 319-3744