BILL NUMBER: SCR 20 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 12, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Liu
MARCH 9, 2009
Relative to the Children of Incarcerated Parents Bill of Rights.
LEGISLATIVE COUNSEL'S DIGEST
SCR 20, as amended, Liu. Children of Incarcerated Parents Bill of
Rights.
This measure would encourage designated entities to distribute the
Children of Incarcerated Parents Bill of Rights to identified
children of incarcerated parents, and to invite discussion and
encourage relevant departments to use the bill of rights as a
framework for analysis and determination of procedures when making
decisions about services for these children.
Fiscal committee: yes.
WHEREAS, As many as 1 in 10 children have a parent who is in jail,
prison, or on parole or probation; and
WHEREAS, Over the last 15 years, federal and state governments
have expanded and lengthened criminal sentences, particularly for
drug offenses, incarcerating an increasing number of adults. An
unintended consequence of this rapid increase in adult incarceration
has been the growing number of children whose parents are, or have
been, in jail or prison; and
WHEREAS, The California sample of this a
national survey found that two-thirds of the state's male
prison inmates and 79 percent of the state's female prison inmates
were parents, with an average of 2.5 children for the men and 2.9
children for the women. Still, state law provides very limited
direction on how criminal justice authorities should interact with
the families and children of prisoners; and
WHEREAS, Studies indicate that maintaining family bonds during
incarceration reduces recidivism for parents and improves outcomes
for children; and
WHEREAS, The San Francisco Children of Incarcerated Parents
Partnership (SFCIPP) has developed a bill of rights for children of
incarcerated parents and has turned it into a resolution for the
city; and
WHEREAS, The San Francisco CIPP bill of rights states the
following:
"San Francisco Children of Incarcerated Parents: A Bill of Rights
(1) I have the right to be kept safe and informed at the time of
my parent's arrest.
(2) I have the right to be heard when decisions are made about me.
(3) I have the right to be considered when decisions are made
about my parent.
(4) I have the right to be well cared for in my parent's absence.
(5) I have the right to speak with, see and touch my parent.
(6) I have the right to support as I face my parent's
incarceration.
(7) I have the right not to be judged, blamed, or labeled because
my parent is incarcerated.
(8) I have the right to a lifelong relationship with my parent";
now, therefore, be it
Resolved by the Senate of the State of California, the Assembly
thereof concurring, That, the Legislature hereby encourages the State
Department of Social Services, the Department of Corrections and
Rehabilitation, the Office of the State Foster Care Ombudsperson,
schools, relevant nonprofit organizations, law enforcement agencies,
and other departments that interact with children of incarcerated
parents to distribute this the bill of
rights created by the San Francisco Children of Incarcerated Parents
Partnership to identified children of incarcerated parents, utilizing
available funds; and be it further
Resolved, That these entities are encouraged to invite discussion
and encourage relevant departments to use this bill of rights as a
framework for analysis and determination of procedures when making
decisions about services for the children of incarcerated parents;
and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution.