BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 962|
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THIRD READING
Bill No: SB 962
Author: Liu (D)
Amended: 4/20/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/23/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE JUDICIARY COMMITTEE : 4-0, 4/13/10
AYES: Corbett, Hancock, Leno, Walters
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/3/10
AYES: Kehoe, Cox, Corbett, Leno, Price, Walters, Wolk,
Wyland, Yee
NO VOTE RECORDED: Alquist, Denham
SUBJECT : Prisoners: adjudication of parental rights:
participation
SOURCE : Los Angeles Dependency Lawyers
Friends Outside
DIGEST : This bill allows for the use of video or
teleconference technology for prisoners to participate in
judicial proceedings involving their parental rights or a
dependency petition for their child.
ANALYSIS : Existing law provides that, where a judicial
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proceeding concerns the termination of the parental rights
of any prisoner, or the dependency proceeding involving a
prisoner's child, the superior court of the county in which
the proceeding is pending, or a judge thereof, shall order
notice of any court proceeding regarding the proceeding
transmitted to the prisoner, as specified. (Pen. Code Sec.
2625.)
Existing law further requires the temporary removal of a
prisoner from an institution for the prisoner's production
before the court where a prisoner has advised the court of
his or her desire to be present, as specified. (Pen. Code
Sec. 2625.)
Existing law provides that no proceeding (terminating
parental rights or dependency adjudication) may be held
without the physical presence of the prisoner or the
prisoner's attorney, unless the court has before it a
knowing waiver of the right of physical presence signed by
the prisoner or an affidavit signed by the warden,
superintendent, or other person in charge of the
institution, or his or her designated representative
stating that the prisoner has, by express statement or
action, indicated an intent not to appear at the
proceeding. (Pen. Code Sec. 2625.)
This bill provides that a prisoner who is a parent of a
child involved in a dependency hearing and who has either
waived his or her right to physical presence at the
hearing, or who has not been ordered before the court may,
at the court's discretion, in order to facilitate the
parent's participation, be given the opportunity to
participate in the hearing by videoconference, if that
technology is available, and if that participation
otherwise complies with the law. If videoconferencing
technology is not available, this bill would provide that
teleconferencing may be utilized to facilitate parental
participation. The bill specifies that these provisions
are not to be construed to limit a prisoner's right to
physically attend a dependency hearing.
This bill states that, because of the significance of
dependency court hearings for parental rights and
children's long-term care, physical attendance by the
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parent at the hearings is preferred to participation by
videoconference or teleconference.
This bill provides that it does not authorize the use of
videoconference or teleconference to replace in-person
family visits with prisoners.
This bill provides that a prisoner subject to this section
shall not lose internal job placement opportunities, be
removed from a court-ordered course, or be denied any
earned privileges as a result of his or her participation
in the proceedings described in this section, whether in
person or by videoconference or teleconference, unless the
prisoner is absent from the institution for this purpose
for more than 10 days.
This bill additionally authorizes the Department of
Corrections and Rehabilitation to establish a pilot project
to facilitate the participation of incarcerated parents in
dependency court hearings regarding their children.
This bill provides that the costs of the pilot project
shall be funded with private funds and shall be implemented
only after a determination is made by the Department of
Finance that private donations, sufficient to fully support
the activities of the project, have been deposited with the
state.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2010-11
2011-12 2012-13 Fund
Authorizes CDCR pilot project Unknown,
possibly significant Private
Likely minor custody costs, if
implemented General
Inmate transportation
Potentially significant savings
General
SUPPORT : (Verified 5/4/10)
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Los Angeles Dependency Lawyers (co-source)
Friends Outside (co-source)
California Public Defenders Association
County Welfare Directors Association
Family Law Section of the State Bar
SEIU Local 1000
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author's office:
A substantial majority of Californians in the criminal
justice system are parents. The California Research
Bureau estimates that 67% of male inmates are fathers
and 79% of female inmates are mothers (2000). Over
the last 15 years, an increasing number of adults have
been incarcerated under the state's more strict
criminal sentencing policies. As a consequence, the
number of children whose parents are in prison has
grown.
These children often enter and remain in the child
welfare system because logistical issues prevent
incarcerated parents from maintaining their parental
rights, irrespective of their parenting practices.
Incarcerated parents often waive physical appearance
at a hearing, not because they are unwilling to be
present and participate, but because attending may
result in the loss of good time credits or
rehabilitation program eligibility. Often these are
the very credits or program participation required by
the family reunification case plan (Family and
Juvenile Law Advisory Committee). If a parent elects
to attend a dependency hearing in person, hearing and
travel time can take up to 10 days, greatly damaging
the parent's ability to fulfill the family
reunification requirements ?.
? In the wake of fiscal distress, counties in other
states have already begun utilizing video-conferencing
for inmates as a cost-saving measure ? SB 962 seeks to
prevent unnecessary termination of parental rights by
allowing for a cost-savings solution.
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RJG:nl 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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