BILL ANALYSIS
AB 2350
Page 1
ASSEMBLY THIRD READING
AB 2350 (Hill)
As Amended April 12, 2010
Majority vote
PUBLIC SAFETY 7-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Hagman, Beall, | | |
| |Gilmore, Hill, | | |
| |Portantino, Skinner | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Provides that all juveniles held as status offenders
may only be held for 24 hours with the exception of those
out-of-state runaways being held pursuant to the Interstate
Compact on Juveniles (ICJ). Specifically, this bill :
1)Eliminates the provision of existing law which states that
status offenders may be held up to 24 hours after having been
taken into custody, in order to locate the minor's parent or
guardian as soon as possible and to arrange the return of the
minor to his or her parent or guardian, whose parent or
guardian is a resident outside of California wherein the minor
was taken into custody, except that the period may be extended
to no more than 72 hours when the return of the minor cannot
reasonably be accomplished within 24 hours due to the distance
of the parents or guardian from the county of custody,
difficulty in locating the parents or guardian, or difficulty
in locating resources necessary to provide for the return of
the minor.
2)Clarifies those minors who are out of state runaways being
held pursuant to the ICJ, in accordance with the Juvenile
Justice and Delinquency Prevention Act of 2002.
EXISTING LAW :
1)Provides that no minor shall be detained in any jail, lockup,
juvenile hall, or other secure facility who is taken into
custody solely upon the ground that he or she is a status
offender or adjudged to be such or made a ward of the juvenile
court solely upon that ground, except as provided in Welfare
and Institutions Code (WIC) Section 207(b). If such an
AB 2350
Page 2
offender is detained, he or she shall be detained in a
sheltered-care facility or crisis resolution home as provided
for as specified, or in a non-secure facility provided for as
specified.
2)States that a minor taken into custody upon the ground that he
or she is a status offender, or adjudged to be a ward of the
juvenile court solely upon that ground, may be held in a
secure facility, other than a facility in which adults are
held in secure custody, in any of the following circumstances:
a) For up to 12 hours after having been taken into custody
for the purpose of determining if there are any outstanding
wants, warrants, or holds against the minor in cases where
the arresting officer or probation officer has cause to
believe that the wants, warrants, or holds exist;
b) For up to 24 hours after having been taken into custody,
in order to locate the minor's parent or guardian as soon
as possible and to arrange the return of the minor to his
or her parent or guardian; and,
c) For up to 24 hours after having been taken into custody,
in order to locate the minor's parent or guardian as soon
as possible and to arrange the return of the minor to his
or her parent or guardian, whose parent or guardian is a
resident outside of California wherein the minor was taken
into custody, except that the period may be extended to no
more than 72 hours when the return of the minor cannot
reasonably be accomplished within 24 hours due to the
distance of the parents or guardian from the county of
custody, difficulty in locating the parents or guardian, or
difficulty in locating resources necessary to provide for
the return of the minor.
3)States that any minor detained in juvenile hall pursuant to
WIC Section 207(b) may not be permitted to come or remain in
contact with any person detained on the basis that he or she
has been taken into custody upon the ground that he or she is
a person described as specified or adjudged to be such or made
a ward of the juvenile court upon that ground.
4)Provides that minors detained in juvenile hall as specified
may be held in the same facility provided they are not
AB 2350
Page 3
permitted to come or remain in contact within that facility.
5)States that every county shall keep a record of each minor
detained under WIC Section 207(b) of, the place and length of
time of the detention, and the reasons why the detention was
necessary. Every county shall report this information to the
Board of Corrections (Board) on a monthly basis, on forms to
be provided by that agency. The Board shall not disclose the
name of the detainee, or any personally identifying
information contained in reports sent to the Youth Authority
under this subdivision.
FISCAL EFFECT : None
COMMENTS : According to the author, "AB 2350 will conform
California statutes to federal funding standards to avoid any
loss of federal money coming to the state. It does so by
clarifying that the maximum time spent by a non-ICJ status
offender is 24 hours, and that an ICJ status offender is held no
more than currently allowed limit at 72 hours."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003856