BILL NUMBER: AB 2315	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mazzoni

                        FEBRUARY 24, 2000

   An act to add Section 1203.15 to the Penal Code, and to add
Chapter 6 (commencing with Section 16575) to Part 4 of Division 9 of
the Welfare and Institutions Code, relating to children of
incarcerated parents.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2315, as introduced, Mazzoni.  Children of incarcerated
parents.
   Existing law provides various services for the care of children,
including foster care placement, child welfare services, services for
children who are exposed to alcohol or drugs or who are HIV
positive.
   This bill would require the Attorney General and the Secretary of
the Health and Human Services Agency to convene a study group within
2 months of enactment of this act to include representatives of state
and local law enforcement, child welfare and mental health agencies,
and the courts for the purpose of developing a model protocol that
addresses how best to ensure the temporary and long-term safety,
security, and care of children at the time of their parent's arrest.
The bill would require the arresting officer to inquire at the time
of an arrest whether the arrested individual has dependent children
and where they are located. This information would be required to be
shared with child protective service agencies and the courts.  By
increasing the duties of local officials, this bill would impose a
state-mandated local program.
   The bill would also require a court at the time of entry of a plea
of guilty or nolo contendere or upon the rendering of a verdict of
guilty of any person over 18 years of age if the defendant has
children.  If the court determines that the defendant has children,
the court would be required to refer the case to the probation
department to determine what arrangements have been made for those
children.  The probation department would also be required to make
recommendations to the court concerning the children.  The court
would be authorized to refer the matter of the children's care and
custody to the family or probate court, or to the child protective
services agency for assessment, review, and appropriate disposition.
By increasing the duties of local officials, this bill would impose
a state-mandated local program.
   Additionally, the bill would require the Secretary of the Health
and Human Services Agency and the Secretary of the Adult and Youth
Correctional Agency to convene the Advisory Committee on the Children
of Incarcerated Parents. The committee would be comprised of
representatives from the Department of Education, the Judicial
Council, visitor center providers, researchers, and local law
enforcement and child welfare agencies.  The committee would be
required to develop recommendations on how to provide and target
state and local services to children of incarcerated parents and
caregivers.  By increasing the duties of local officials, this bill
would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1203.15 is added to the Penal Code, to read:
   1203.15.  (a) The court shall inquire at the time of entry of a
plea of guilty or nolo contendere or at the time a verdict of guilty
is rendered of any defendant over 18 years of age if the defendant
has one or more children. If the court determines that the defendant
has children, the court shall refer the case to the probation
department to determine what arrangements have been made for the care
of the children if the parent is incarcerated.  The probation report
filed with the court shall specify the arrangements that have been
made for the minor children and, if appropriate, make recommendations
to the court concerning the children.  The court may directly refer
the matter of the children's care and custody to the family or
probate court for appropriate orders, or to the County Child
Protective Services Agency for assessment, review, and appropriate
disposition.
   (b) The Judicial Council shall adopt rules and forms to implement
this section.
  SEC. 2.  Chapter 6 (commencing with Section 16575) is added to Part
4 of Division 9 of the Welfare and Institutions Code, to read:

      CHAPTER 6.  CHILDREN OF INCARCERATED PARENTS

   16575.  This article shall be known and may be cited as the
Children of Incarcerated Parents Act of 2000.
   16576.  The Legislature declares as follows:
   (a) An estimated 80 percent of the 11,600 women in state youth and
adult correctional facilities, and the approximately 10,000 women in
county jails, are parents.  Most of these women are single parents
who have an average of two children.  Approximately three-fourths of
these women had custody of their children at the time of their
arrest.
   (b) About one in five children are present at the time of their
parent's arrest, and many of these children are between the ages of
three and six years old.
   (c) The children of incarcerated parents may suffer from
separation anxiety, fear, and guilt, and may act out by withdrawing
or by aggressive behavior.  Repeated separations due to their parent'
s recidivism may aggravate these problems.
   (d) The children of incarcerated parents are at risk for poor
outcomes in school, mental health and social problems, and juvenile
delinquency.  There is increasing evidence of intergenerational
incarceration.
   (e) Most jurisdictions do not request or collect family
information from arrested persons, nor do they have protocols in
place to define official roles and responsibilities for addressing
the needs of the children of prisoners at the time of arrest or at
sentencing.
   16577.  (a) The Attorney General and the Secretary of the Health
and Human Services Agency shall jointly convene a study group within
two months of enactment of this chapter, to include representatives
of state and local law enforcement, child welfare and mental health
agencies, and the courts.  The study group shall develop a model
protocol within six months of its first meeting that addresses how
best to ensure the temporary and long-term safety, security, and care
of children at the time of their parent's arrest.  This would
include having the arresting officer inquire at the time of arrest
whether the arrestees have dependent children and where those
children are located.  Information about the children and their
whereabouts shall be shared with child protective service agencies
and the courts as soon as possible, in a manner specified by the
model protocol.
   (b) The study group shall disseminate the model protocol to county
boards of supervisors and city councils, and to local law
enforcement, judicial, child welfare, and mental health agencies.
   (c) Upon enactment of this chapter, counties shall ensure that
they have in place standard operating procedures for identifying,
locating, and providing appropriate arrangements to ensure the
safety, security, and well-being of the minor child of an arrestee.
Upon receiving the model protocol developed by the state study group,
counties shall again review the standard operating procedures and
incorporate any elements of the model protocol that may be omitted
from those standard operating procedures.
   16578.  (a) The Secretary of the Health and Human Services Agency
and the Secretary of the Adult and Youth Correctional Agency shall
jointly convene the Advisory Committee on the Children of
Incarcerated Parents.  The advisory committee shall include agency
officials and representatives from the Department of Education, the
Judicial Council, visitor center providers, researchers, and local
law enforcement and child welfare agencies, as suggested by the
secretaries.
   (b) The advisory committee shall develop recommendations within
six months on how to best provide and target state and local services
to the children of incarcerated parents and caregivers.  The
committee shall suggest how to develop a database that will track the
needs and outcomes of these children while ensuring confidentiality
of the data.  The committee shall also consider how to facilitate
visitation with the incarcerated parent when in the best interest of
the child.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.