BILL NUMBER: AB 2316	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mazzoni

                        FEBRUARY 24, 2000

   An act to add Chapter 17 (commencing with Section 7440) to Title 7
of Part 3 of the Penal Code, relating to children of incarcerated
parents.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2316, as introduced, Mazzoni.  Children of incarcerated
parents:  study.
   Existing law establishes the California Institution for Women for
the punishment, treatment, supervision, custody, and control of
females convicted of felonies.  The Department of Corrections is
required to establish and implement a community treatment program for
women sentenced to state prison who have one or more children under
the age of 6 years.  In operating the program, the department is
required to make its prime concern the establishment of a safe and
wholesome environment for the participating children.
   This bill would authorize a research project to study the children
of 11,600 female prisoners.  The bill would require the Department
of Corrections to cooperate in conducting a survey of these women to
determine which of them have children and to gather from the women
who have children, specified information about their children
relating to the children's residence, caregivers, source of support,
school level, medical problems, involvement, if any, with the
criminal justice system, and frequency of prison visits.  The
research project would track the development of a subgroup of these
children to determine the risk factors and public costs associated
with this group of children.  By increasing the duties of local
agencies, 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.  Chapter 17 (commencing with Section 7440) is added to
Title 7 of Part 3 of the Penal Code, to read:

      CHAPTER 17.  CHILDREN OF INCARCERATED PARENTS

   7440.  A research project to study children of incarcerated
parents shall be conducted in cooperation with the Department of
Corrections.
   7441.  (a) The research project shall begin with a survey of
11,600 women imprisoned in a California state prison.  The survey
shall begin by determining which of these women have children and the
women who are determined to have children shall be required to
provide the following information:
   (1) The number, age, name, and current address of each of her
children.
   (2) The legal status or relation of each of her children's
caregiver, including but not limited to a relative, a friend, or a
foster caregiver, and to report whether each child lives with one or
more of his or her siblings.
   (3) The source of each of her children's support, including but
not limited to a father or other relative or public assistance.
   (4) Whether each child is in school and the grade level of each
child.
   (5) The existence of any serious medical problem of each child.
   (6) Whether any of the children have been involved with the
criminal justice system.
   (7) How often do her children visit her in prison.
   (b) The survey shall include appropriate safeguards to ensure the
confidentiality of the information disclosed by the women pursuant to
this section.
   7442.  After the survey in Section 7441 is completed, a group of
children from nine counties shall be selected from the children of
the women who participated in the survey.  This group shall be
tracked for the purpose of determining the risk factors and public
costs associated with this group of children.
  SEC. 2.  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.