BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2316|
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THIRD READING
Bill No: AB 2316
Author: Mazzoni (D), et al
Amended: 8/30/00 in Senate
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/13/00
AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco,
Rainey
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/29/00
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Johnson,
Karnette, Kelley, Leslie, McPherson, Mountjoy, Perata,
Vasconcellos
ASSEMBLY FLOOR : 60-12, 5/8/00 - See last page for vote
SUBJECT : Children of incarcerated parents
SOURCE : Author
DIGEST : This bill commissions the California Research
Bureau to conduct a study of the children of parents who
are incarcerated in state prisons.
ANALYSIS : 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
CONTINUED
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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 women 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.
The CRB would be required to submit a report to the
Legislature on the findings of its research.
This bill appropriates $40,000 from the General Fund to the
CRB for the study.
The bill provides that members of the advisory group will
not be reimbursed for travel and/or per diem. These
expenses may be paid from the above-mentioned $40,000.
Background
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 nine 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.
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Furthermore, the lack of research and viable information
means that government programs do not target these children
or their caregivers in order to design or provide needed
services.
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, 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.
Related 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
Committee.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2000-01 2001-02 2002-03 Fund
Study $40 General
CDC Unknown costs, potentially $24
one-General
time
*CRB staff indicate they have raised $30 for purposes of
the study.
SUPPORT : (Verified 8/30/00)
Archdiocese of Los Angeles
Attorney General's Office
California Catholic Conference
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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
ARGUMENTS IN SUPPORT : 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."
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:
"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."
ASSEMBLY FLOOR
AYES: Aanestad, Alquist, Aroner, Bates, Bock, Calderon,
Campbell, Cardenas, Cardoza, Cedillo, Corbett, Correa,
Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Florez, Floyd, Gallegos, Granlund, Havice,
Honda, Jackson, Keeley, Knox, Kuehl, Leach, Lempert,
Longville, Lowenthal, Machado, Maddox, Maldonado,
Mazzoni, Migden, Nakano, Robert Pacheco, Papan, Pescetti,
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Reyes, Romero, Runner, Scott, Shelley, Steinberg,
Strom-Martin, Thomson, Torlakson, Vincent, Washington,
Wayne, Wesson, Wiggins, Wildman, Wright, Zettel,
Hertzberg
NOES: Ackerman, Ashburn, Baugh, Brewer, Briggs, House,
Kaloogian, Leonard, Oller, Rod Pacheco, Strickland,
Thompson
RJG:kb 8/31/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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