BILL ANALYSIS
AB 862
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 862 (Bass)
As Amended July 12, 2005
Majority vote
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|ASSEMBLY: |42-32|(June 2, 2005) |SENATE: |25-14|(August 23, |
| | | | | |2005) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires that information and other materials
regarding child support modification be distributed to any
parent with minor children, while the parent is in the custody
of the California Department of Corrections and Rehabilitation
(CDCR).
The Senate amendments name this act the "Sheran Rallanson Act."
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.
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
county jail not exceeding one year, or by both such fine and
imprisonment.
3)Creates the Department of Child Support Services (DCSS) to
administer all services and perform all functions necessary to
establish, collect and distribute child support.
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.
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
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provided by law for the enforcement of judgments.
6)Requires each superior court to maintain an office of the
family law facilitator to deal with various matters, including
child support.
AS PASSED BY THE ASSEMBLY , this bill required 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 DCSS, which shall include, but not
be limited to:
a)A DCSS Child Support Handbook;
b)A pamphlet, "Child Support Information for the Parent in Jail
or Prison;" and,
c)Any other materials developed by DCSS that will provide the
necessary information regarding child support services and
procedures.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Minor absorbable costs to the California Department of
Corrections to distribute materials.
2)Minor costs, less than $50,000, to DCSS to provide materials.
3)Unknown potential out-year increase in child support
collections, to the extent this bill helps inmates manage
their fiscal responsibilities.
COMMENTS : 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
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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.
"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."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0011955