BILL NUMBER: AB 2315 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 30, 2000
PASSED THE SENATE AUGUST 28, 2000
AMENDED IN SENATE AUGUST 25, 2000
AMENDED IN SENATE AUGUST 7, 2000
AMENDED IN SENATE JUNE 28, 2000
AMENDED IN SENATE JUNE 12, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY MAY 3, 2000
INTRODUCED BY Assembly Members Mazzoni and Strom-Martin
(Coauthors: Senators Escutia, Polanco, Solis, and Vasconcellos)
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, Mazzoni. Children of incarcerated parents.
Existing law provides various services for the care of children,
including foster care placement, child welfare services, and services
for children who are exposed to alcohol or drugs or who are HIV
positive.
This bill would require the Attorney General to convene a study
group within 6 months of enactment of this act to include
representatives of state and local law enforcement, child welfare and
mental health agencies, parents who have been incarcerated,
individuals who were minors during periods when a parent was
incarcerated, and the courts for the purpose of developing, by March
2002, 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, including the role and
responsibilities of the arresting officer to make appropriate
inquiries and referrals.
The bill would also require the report filed by the probation
officer with the court prior to sentencing to include a discussion of
whether or not a defendant over 18 years of age has children, what
arrangements exist for the care of the children if the defendant is
to be incarcerated, and the location of the children and their
caretakers. At the option of county boards of supervisors, the
report would be referred to the County Child Protective Services
Agency for assessment, review, and appropriate disposition, as
specified. 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.
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 report filed by the probation officer with the
court prior to sentencing pursuant to Section 1203 shall include a
discussion of whether or not a defendant over 18 years of age has
children, and what arrangements exist for the care of a defendant's
children if the defendant is to be incarcerated, and the location of
the children and their caretakers.
(b) At the option of county boards of supervisors, this section of
the presentencing report shall be referred to the County Child
Protective Services Agency for assessment, review, and appropriate
disposition to ensure the safety, protection, and physical and
emotional well-being of children who are at risk of harm, as
authorized by Section 16504 of the Welfare and Institutions Code.
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. More than two-thirds 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 shall convene a study group
within six months of enactment of this chapter, to include
representatives of state and local law enforcement, child welfare and
mental health agencies, parents who have been incarcerated,
individuals who were minors during periods when a parent was
incarcerated, and the courts. The study group shall develop a model
protocol by March 2002 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, including the role and
responsibilities of the arresting officer to make appropriate
inquiries and referrals.
(b) The Department of Justice 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.
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.