BILL NUMBER: AB 2316 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2000
AMENDED IN ASSEMBLY APRIL 25, 2000
AMENDED IN ASSEMBLY MARCH 28, 2000
INTRODUCED BY Assembly Member Mazzoni
(Coauthors: Assembly Members Alquist, Kuehl, Longville, Migden,
Romero, Strom-Martin, Thomson, and Washington)
(Coauthor: Senator Solis)
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, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2316, as amended, 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 require the California Research Bureau
(CRB) in the California State Library, pursuant to
specified guidelines, to conduct a study of the children of parents
who are incarcerated in state prisons.
The bill would appropriate the sum of $69,000 from the General
Fund to the California Research Bureau for the purpose of
implementing its provisions.
This bill would require certain local agencies and school
districts to provide the California Research Bureau with access to
certain records, as specified. By imposing additional duties on
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: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no 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
77440. The California Research Bureau (CRB) in
the California State Library shall conduct a study of the children
of parents women who are incarcerated
in state prisons. The CRB California
Research Bureau shall design and complete the study, surveying
selected state prisoners in cooperation with the Department of
Corrections, and reviewing the records of local agencies to obtain
outcome information about a sample of women prisoners'
children and a control sample.
77441. The purpose of the survey of state prisoners is to
determine how many have children and to gather basic information
about the children to include the following variables, among others:
(a) Number.
(b) Age.
(c) Siblings.
(d) Location.
(e) Caregiver.
(f) Grade and performance in school.
(g) Medical issues.
(h) Possible delinquency.
(i) Visitation.
(j) Possible involvement in the child welfare system.
(k) Other pertinent information.
77442. (a) The purpose of the review of local agency
records, in a representative sample of California counties, is to
obtain outcome information about the status of a sample of the
children of incarcerated parents and their caregivers .
This information will may be of value
in establishing public costs associated with the care these children
and in determining any special needs and problems that targeted
public programs might meet. The review shall be undertaken by the
CRB California Research Bureau .
(b) Women prisoners who participate in the survey sample of state
prisoners shall provide written permission allowing the California
Research Bureau access to their children's records in regard to
school performance, identity of the caretaker responsible for the
child, child protective services records, public assistance records,
juvenile justice records, and medical records relating to drug or
alcohol use, and mental health. The California Research Bureau shall
follow appropriate procedures to ensure confidentiality of the
records and to protect the privacy of the survey participants and
their children.
(c) County agencies, including members of multidisciplinary teams,
and school districts shall comply with requests by the California
Research Bureau for access to records, pursuant to subdivision (b),
to the extent permitted by federal law.
(d) Notwithstanding Section 10850 of the Welfare and Institutions
Code, the survey required by this section is deemed to meet the
research criteria identified in paragraph (3) of subdivision (c) of
Section 11977 of the Health and Safety Code, and subdivision (e) of
Section 5328 of the Welfare and Institutions Code. For purposes of
this study, the research is deemed not to be harmful for the at-risk
and vulnerable population of children of women prisoners.
(e) For purposes of the study only, the California Research Bureau
is authorized to survey records, reports, and documents described in
Section 827 and in paragraph (3) of subdivision (h) of Section
18986.4 of the Welfare and Institutions Code, and information
relative to the incidence of child abuse, as provided by Section
11167, among children in the study sample.
(f) School districts shall provide directory information to the
California Research Bureau for purposes of this study. The
California Research Bureau is deemed an appropriate organization to
conduct studies for legitimate educational interests, including
improving instruction, for purposes of paragraph (4) of subdivision
(b) of Section 4906 of the Education Code. School variables that the
California Research Bureau shall survey shall include, but not be
limited to, attendance patterns, truancy rates, achievement level,
suspension and expulsion rates, and special education referrals.
77443. The confidentiality of records shall be maintained.
77443. The California Research Bureau shall follow appropriate
procedures to ensure confidentiality of the records and to protect
the privacy of the survey participants and their children, and
participating agencies. Data compiled from case files shall be coded
under an assigned number and not identified by name. Survey
questionnaires and coding forms shall be exempt from the public
disclosure requirements prescribed by Chapter 3.4 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.
77444. The CRB California Research Bureau
shall convene an advisory group to assist in designing and
administering the study. Any costs associated with convening the
advisory group are to be paid for by funds appropriated pursuant to
this act.
77445. The California Research Bureau shall report to the
Legislature, analyzing the findings of its research, upon completion
of the report.
SEC. 2. The amount of sixty-nine thousand dollars ($69,000) is
hereby appropriated from the General Fund to the California Research
Bureau for the purpose of implementing Section 7440 of the
Penal Code. purposes of this chapter.
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.