BILL ANALYSIS
SB 962
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 962 (Liu) - As Amended: August 2, 2010
Policy Committee: Public
SafetyVote:7-0
Judiciary 10-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill authorizes video or teleconferencing to allow
prisoners (Department of Corrections and Rehabilitation (CDCR)
inmates and wards as well as county jail inmates) to participate
in judicial proceedings involving parental rights. Specifically
this bill:
1)Provides that an inmate who is a parent of a child involved in
a dependency hearing and has either waived the right to be
present at the hearing, or has not been ordered before the
court, may, at the court's discretion, have the opportunity to
participate in the hearing via video or teleconferencing, if
that participation otherwise complies with the law.
2)Specifies parental physical participation at dependency
hearings is preferable to video or teleconference, and states
that nothing in this bill shall be construed to limit a
prisoner's right to attend a dependency hearing.
3)Specifies legislative intent that CDCR protect inmates from
losing prison jobs or educational opportunities as a result of
absence due to participation in child dependency proceedings.
4)Authorizes CDCR to accept donated materials and services
related to video and teleconferencing for a program, at an
institution to be determined by CDCR, to facilitate
participation of incarcerated parents in dependency court
hearings regarding their children.
FISCAL EFFECT
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1)Potential annual moderate GF savings to CDCR to the extent
authorizing video or teleconferencing results in fewer inmate
trips to court, which require significant guarding and
transport costs, which far offset the costs of video and
teleconferencing.
2)Minor offsetting state costs as the bill is permissive, at the
court's discretion, and contingent upon availability of
equipment. In addition, the costs of the video and
teleconferencing at the one-prison program to be determined by
CDCR must be supported by private donations.
COMMENTS
1)Rationale . This bill authorizes video or teleconferencing
technology to allow inmates to participate in parental rights
or dependency hearings. Current law provides inmates the right
to attend these proceedings; this bill provides additional
options for how they could participate, subject to
availability, at the discretion of the court, and if the
participation otherwise complies with the law.
This bill also specifies intent that inmates not lose internal
job placement or educational opportunities as a result of
participation in these proceedings, whether in person or by
video or teleconference.
2)Current law authorizes an inmate to travel to court for
dependency hearings. No proceeding terminating parental rights
or adjudicating dependency may be held without the presence of
the prisoner or the prisoner's attorney, unless the court has
received a waiver 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 indicated an
intent not to appear at the proceeding.
3)Support. Friends Outside and L.A. Dependency Lawyers, Inc are
co-sponsors of this bill and have stated their intent to help
supply the necessary videoconferencing equipment necessary to
accommodate inmate participation.
SB 962
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081