BILL ANALYSIS
AB 2315
Page 1
ASSEMBLY THIRD READING
AB 2315 (Mazzoni)
As Amended May 26, 2000
Majority vote
HUMAN SERVICES 6-0 APPROPRIATIONS 17-4
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|Ayes:|Aroner, Bock, Brewer, |Ayes:|Migden, Alquist, Aroner, |
| |Ducheny, Dutra, | |Brewer, Cedillo, Corbett, |
| |Strom-Martin | |Davis, Kuehl, Maldonado, |
| | | |Papan, Romero, Shelley, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Wright, Zettel |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Campbell, Ackerman, |
| | | |Ashburn, Runner |
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SUMMARY : Establishes the Children of Incarcerated Parents Act
of 2000 to ensure the temporary and long-term safety of the
children of incarcerated adults. Specifically, this bill :
1)Requires, when a defendant is to be incarcerated, that
probation officers include in the sentencing report filed with
the criminal court a discussion of what arrangements exist for
the care of a defendant's children in the defendant's absence.
2)Requires criminal court judges, at the time of sentencing, to
inquire whether a defendant with children has made
arrangements for the care of his or her children while
incarcerated.
3)Authorizes a criminal court judge to refer to the family
court, probate court, or the local child protective services
agency, any case involving an adult defendant who has children
in which the judge believes that an adequate plan for the care
of the defendant's children does not exist.
4)Requires the Attorney General (AG) and the Secretary of the
Health and Human Services Agency (HSSA) to jointly convene a
study group to develop and disseminate a model protocol for
the care of children at the time of their parent's arrest.
AB 2315
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5)Requires counties to review local operating procedures for
identifying, locating, and ensuring the appropriate provision
of care for the minor children of arrestees, and to
incorporate into these procedures any elements of the model
protocol developed by the AG and HSSA Secretary that are not
included in the county's operating procedures.
6)Requires the Secretary of HSSA and the Secretary of the Adult
and Youth Correctional Agency to jointly convene an Advisory
Committee on the Children of Incarcerated Parents to develop
recommendations for targeting state and local services to
children of incarcerated parents.
EXISTING LAW :
1)Requires probation departments to provide care and supervision
to delinquent children who are or may become wards of the
juvenile court.
2)Requires child welfare agencies to provide children with
protection from abuse and neglect and to provide care and
supervision to children who are or may become dependents of
the juvenile court.
3)Authorizes a law enforcement officer to take a child into
custody if the child is without any provision of support, and
authorizes the officer to transfer custody of the child to a
county child welfare worker if the child's parent or guardian
cannot be located.
4)Requires that a child in the temporary custody of a county
child welfare worker be released to the care of a parent or
relative unless there is suspicion that the child is within
the jurisdiction of the juvenile court due to abuse or
neglect.
5)Provides that any child whose parent or parents have been
incarcerated and who has been left without an arrangement for
support is within the jurisdiction of the juvenile court and
may be adjudged a dependent of the court.
FISCAL EFFECT : According to the Assembly Appropriations
AB 2315
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Committee, minor absorbable costs to the state to conduct
studies, and minor absorbable costs to county probation
departments to include information in sentencing reports.
COMMENTS : According to the author, approximately 856,000
children in California, nearly 9% of all children in the state,
have a parent currently involved in the criminal justice system.
In addition, 80% of female prisoners are parents with, on
average, two children.
Under existing law, there is no requirement that an arresting
officer or judge inquire of arrestees or defendants whether they
have any children who may need care and supervision in their
absence. When a person is arrested in the presence of his or
her children, an officer may immediately ascertain whether the
children will have supervision in the parent's absence. However,
when a person is arrested outside the presence of their
children, without any process for inquiring about children, law
enforcement officers may have no idea whether an arrestee's
children will be left unsupervised while the arrestee is
detained or incarcerated.
Analysis Prepared by : Andy Shaw / HUM. S. / (916) 319-2247
FN: 0005220