BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 962|
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UNFINISHED BUSINESS
Bill No: SB 962
Author: Liu (D)
Amended: 8/2/10
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
SENATE FLOOR : 30-0, 5/10/10 (Consent)
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,
Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,
Simitian, Steinberg, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Corbett, Denham, Dutton, Harman, Liu,
Oropeza, Strickland, Wiggins
ASSEMBLY FLOOR : 78-0, 8/12/10 (Consent) - See last page
for vote
SUBJECT : Prisoners: adjudication of parental rights:
CONTINUED
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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.
Assembly Amendments (1) provide that this is not a "pilot
program" rather a program at an institution to be
determined, (2) delete a required report, and (3) add
intent language.
ANALYSIS : Existing law provides that, where a judicial
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
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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
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 states that it is the intent of the Legislature
to maintain internal job placement opportunities and
preserve earned privileges for prisoners, and prevent the
removal of prisoners from court-ordered courses as a result
of their participation in the proceedings described in this
bill.
This bill authorizes the Department of Corrections and
Rehabilitation to accept donated materials and services
related to videoconferencing and teleconferencing in order
to implement a program, at a prison to be determined by the
department, to facilitate the participation of incarcerated
parents in dependency court hearings regarding their
children.
This bill provides that the implementation of this program
is contingent upon the receipt of sufficient donations of
materials and services by the department.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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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 8/12/10)
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
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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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Norby, Vacancy
RJG:nl 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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