BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair A
1999-2000 Regular Session B
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AB 2316 (Mazzoni) 6
As Amended April 25, 2000
Hearing date: June 13, 2000
Penal Code
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CHILDREN OF INCARCERATED PARENTS
HISTORY
Source: Author
Prior Legislation: ACR 52 (Mazzoni) - currently in Assembly
Appropriations Committee
Support: Archdiocese of Los Angeles; Attorney General's Office;
California Catholic Conference; Centerforce; Friends
Committee on Legislation of California; Los Angeles
County District Attorney's Office; Redwoods
Presbyterian Church; Children's Advocacy Institute;
Kern County Superintendent of Schools
Opposition:None known
Assembly Floor Vote: Ayes 60 - Noes 12
KEY ISSUE
SHOULD $69,000 BE APPROPRIATED FROM THE GENERAL FUND TO THE
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CALIFORNIA RESEARCH BUREAU TO CONDUCT A STUDY OF THE CHILDREN OF
PARENTS WHO ARE INCARCERATED IN STATE PRISONS?
PURPOSE
The purpose of this bill is to commission the California
Research Bureau to conduct a study of the children of parents
who are incarcerated in state prisons.
Existing law states that the California Institution for Women
was established for the punishment, treatment, supervision, and
custody and care of women convicted of felonies. (Penal Code
section 3200.)
Existing law states that the California Department of
Corrections (CDC) 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 six years. CDC
shall have as a prime concern the establishment of a safe and
wholesome environment for the participating children. (Penal
Code section 3411.)
Existing law states that the CDC shall be guided by the need to
provide programs geared to assure the stability of the
parent-child relationship during and after participation in the
program. (Penal Code section 3412.)
This bill requires that the California Research Bureau (CRB) in
the California State Library design and conduct a study of the
children of the parents who are incarcerated in state prisons,
as specified. The purpose is to identify a control sample and
to obtain outcome information about the status of the children.
This bill appropriates $69,000 from the General Fund to the CRB
for the study.
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COMMENTS
1. Author's Statement
According to the Author:
"AB 2316 gives us a better understanding of the impact on
children of incarcerated parents. The survey and interviews
will gather the ages, names, location, type of support, school
status, medical history, and other relevant information on the
children. A subgroup of these children will be surveyed to
determine the risk factors associated with this group of
children."
2. Background Information
According to a report released by the California Research Bureau
in March of 2000, an estimated 856,000 children in California
who have at least one parent currently involved in the state
criminal justice system, which equates to nearly 9 percent of
the state's children. California does not currently keep record
of family information about arrested or convicted persons.
The report also indicates a lack of concrete information
regarding children of incarcerated parents. Estimates were
obtained through the use of models, but without solid numbers to
support the theories. Researchers contend that it is virtually
impossible to specify numbers, ages, gender or locations of the
children of incarcerated parents. Furthermore, the lack of
research and viable information means that government programs
do no target these children or their caregivers in order to
design or provide needed services.
3. More Background Information
The Legislature and Governor created the California Research
Bureau within the California State Library in the 1991 Budget
Act. The CRB provides objective, non-partisan, timely and
confidential research to the Governor's Office, the Legislature,
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and other state constitutional officers. The CRB provides these
clients with research, policy assistance through written reports
and other documents, consultations, seminars, and other training
and assistance in preparing legislative proposals.
4. Prior Legislation
ACR 52 (Mazzoni) of 1999 resolved that the California Research
Bureau of the California Public Library conduct a study on the
problems faced by and associated with children of incarcerated
parents and report back to the Legislature. This resolution is
currently in Assembly Appropriations.
5. Arguments in Support
The Friends Committee on Legislation of California states:
"The life experiences of children of prisoners are not well
understood. However, some preliminary investigations suggest
that many such children repeat their parents' mistakes. The
proposed study could identify ways that these children can
improve the ways that they cope with their circumstances."
The California Catholic Conference states:
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"Growing up in our world today presents high and frequent
hurdles to any youngster, but the child whose mother or father
is in prison has a number of additional barriers to clear in
order to have a chance to succeed in living. We must find the
way, the mind and the heart to practically design, analyze and
address the particular burdens of these children."
6. Changes in This Bill
This bill originally focused on the children of female
prisoners, and was not inclusive of all children of incarcerated
parents. The original proposed study would have been centered
around a survey of the 11,600 women currently incarcerated in
California state prisons. When it was first amended (March 28,
2000), the focus became more general, surveying selected state
prisoners, and reviewing records of local agencies to obtain
outcome information about a sample of prisoners' children and a
control sample.
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