BILL ANALYSIS
AB 862
Page 1
GOVERNOR'S VETO
AB 862 (Bass)
As Amended July 12, 2005
2/3 vote
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|ASSEMBLY: |42-32|(June 2, 2005) |SENATE: |25-14|(August 23, |
| | | | | |2005) |
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|-----------+-----+----------------+--------+-----+---------------|
|ASSEMBLY: |41-34|(August 29, | | | |
| | |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
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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
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
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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.
"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.
GOVERNOR'S VETO MESSAGE :
"This bill is unnecessary as current law provides for local and
state agencies to distribute information to incarcerated parents
regarding their child support obligations. In fact, there are
current pilot programs operating with federal funds to accomplish
what this bill would mandate state resources be spent on.
"At the state level we should be looking for ways to improve child
support collection so more funds get to the children, not
investing in ways to alleviate the future financial burdens due to
incarceration."
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744FN: 0013435