BILL ANALYSIS
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THIRD READING
Bill No: AB 2315
Author: Mazzoni (D) and Strom-Martin (D), et al
Amended: 8/25/00 in Senate
Vote: 21
SENATE HEALTH & HUMAN SERV. COMMITTEE : 6-1, 6/21/00
AYES: Escutia, Figueroa, Hughes, Polanco, Solis,
Vasconcellos
NOES: Morrow
SENATE APPROPRIATIONS COMMITTEE : 7-3, 8/23/00
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Perata,
Vasconcellos
NOES: Kelley, Leslie, Mountjoy
ASSEMBLY FLOOR : 64-13, 5/31/00 - See last page for vote
SUBJECT : Children of incarcerated parents
SOURCE : Author
DIGEST : This bill requires probation officers to report,
prior to the sentencing of an individual who has minor
children, information about the arrangements for care of
those children if the defendant is to be incarcerated, and
establishes a process to develop a model protocol to
address the needs of children at the time of their parent's
arrest.
ANALYSIS : Current law:
CONTINUED
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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) has
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.
This bill:
1. Requires, when a defendant over age 18 who is a parent
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, at the option of county boards of supervisors,
that the report also be sent to the County Child
Protective Services Agency for assessment, review and
disposition.
3. Requires the Attorney General to convene a study group
to include representatives of state and local law
enforcement, child welfare and mental health agencies,
parents who have been incarcerated, individuals who were
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minors when a parent was incarcerated, and the courts to
develop and disseminate a "model protocol" by March 2002
for the care of children at the time of their parent's
arrest.
4. Requires the Department of Justice to disseminate the
model protocol to county boards of supervisors and the
city councils, and to local law enforcement, judicial,
child welfare, and mental health agencies.
Comments
Children of incarcerated parents
According to the California Research Bureau, approximately
850,000 children in California have a parent currently
involved in the criminal justice system. Of this number,
almost 300,000 have a parent in state prison or in jail;
the remainder have a parent on parole or on probation.
Furthermore, 80 percent of female prisoners are parents
with, on average, two children. The mothers of nearly
20,000 California children are in prison. Current law and
practice do not require the arresting officer to inquire of
arrestees if they have children who may need care and
supervision in the arrestees' absence. Especially, when a
parent is arrested without his or her children present,
there is no established protocol for ascertaining whether
the children will need supervision while their parent is
detained or incarcerated.
AB 2315
The author's stated purpose in introducing this bill is to
establish procedures at the local level to ensure that
children do not "fall through the cracks" when their
parents are arrested or incarcerated. AB 2315 requires
county probation officers to include in the pre-sentencing
report information about the presence of children and
arrangements for their care in their parent's absence.
Concurrently, a "model protocol" will be developed by a
state and local working group.
Related legislation
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The author is also carrying AB 2316, on Senate Third
Reading File, to require a study of children whose parents
are incarcerated in California's prisons.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2000-01 2001-02
2002-03 Fund
Reporting Minor local costs, potentially>150General*
Study Minor absorbable costs General
*State mandated costs are reimbursable
Staff comments:
The Attorney General and the Secretary of Health and Human
Services Agency should be able to absorb the costs relating
to the study. However, the local costs for including
information in the reports may cost more than $150,000 per
year depending on the difficulty in obtaining the required
information.
SUPPORT : (Verified 6/21/00) (Unable to reverify Support
and Opposition at time of this writing)
Archdiocese of Los Angeles, Office of Detention Ministry
Board of Deacons, Redwoods Presbyterian Church, Larkspur
California Catholic Conference
California Child Youth and Family Coalition
Judicial Council of California (if amended)
Los Angeles County District Attorney's Office
Office of the Attorney General
Sacramento County Sheriff's Department
OPPOSITION : (Verified 6/21/00)
California Judges Association
Department of Finance (8/1/00)
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ARGUMENTS IN SUPPORT : Supporters argue that California
needs a model protocol that addresses how best to ensure
the temporary and long-term safety, security, and care of
children at the time of the parent's arrest.
Supporters believe that the probation officer's
pre-sentencing report is the most cost-effective
opportunity in the trial process to gather information that
may be needed by the court and child welfare services
regarding the health and safety of a prisoner's children.
To wait for an action to be filed in dependency court would
neglect an opportunity to anticipate and prevent risk to
the children.
ARGUMENTS IN OPPOSITION : The California Judges
Association (prior version) believes the bill imposes
duties on already over-burdened probation and other court
staff to make assessments of child welfare, duties better
carried out in existing dependency courts.
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bock,
Calderon, Cardenas, Cardoza, Cedillo, Corbett, Correa,
Cox, Cunneen, Davis, Ducheny, Dutra, Firebaugh, Florez,
Floyd, Frusetta, Gallegos, Granlund, Havice, Honda,
Jackson, Keeley, Knox, Kuehl, Leach, Lempert, Longville,
Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni,
McClintock, Migden, Nakano, Olberg, Robert Pacheco,
Papan, Pescetti, Reyes, Romero, Runner, Scott, Shelley,
Steinberg, Strom-Martin, Thomson, Torlakson,
Villaraigosa, Vincent, Washington, Wayne, Wesson,
Wiggins, Wildman, Wright, Zettel, Hertzberg
NOES: Ackerman, Battin, Brewer, Briggs, Campbell,
Dickerson, House, Kaloogian, Leonard, Oller, Rod Pacheco,
Strickland, Thompson
CP:sl 8/27/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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