BILL ANALYSIS
AB 2316
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CONCURRENCE IN SENATE AMENDMENTS
AB 2316 (Mazzoni)
As Amended August 30, 2000
Majority vote
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|ASSEMBLY: |60-12|(May 8, 2000) |SENATE: |26-10|(August 31, |
| | | | | |2000) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the California Research Bureau (CRB) to
conduct a study of the children of women who are incarcerated in
state prisons, and that certain local agencies and school
districts permit CRB to have reasonable access to specified
records. States that the costs of this bill will be paid from
money appropriated for its purpose in the 2000-2001 State
Budget.
The Senate amendments :
1)Provide that of the funds identified in Item 6120-011-0001 of
the 2000-2001 Budget, $40,000 shall be made available, in
consultation with the Assembly Rules Committee, to be used for
the purposes of this act including, but not limited to,
contracts for outside researchers.
2)Require CRB to convene an advisory group to assist in
designing and administering the study and members of the
advisory group shall not receive compensation for their
services but shall be reimbursed for travel and per diem
expenses.
3)Expand the basic information to be gathered about the children
to include performance in school, possible involvement in the
child welfare system, and other pertinent information.
Outcome information about the status of a sample of the
children shall include information about their caregivers.
4)Require women prisoners who participate in the survey sample
to provide written permission allowing CRB 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
AB 2316
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records, and medical records including drug or alcohol use,
and mental health. CRB shall follow appropriate procedures to
ensure the confidentiality of records and to protect the
privacy of the survey participants and their children.
5)Require county agencies, including members of
multidisciplinary teams, and school districts to comply with
requests by CRB for reasonable access to records to the extent
permitted by federal law.
6)Provide that the survey is deemed to meet the research
criteria identified in Health and Safety Code Section 11977(c)
and Welfare and Institutions Code Section 5328(e) regarding
the disclosure of patient records.
7)Provide that for purposes of this study only, CRB is
authorized to survey records, reports, and documents described
in Welfare and Institutions Code Sections 827, 11167, and
18986.4(h)(3) relating to juvenile case file inspection, and
reporting known or suspected child abuse.
8)Require that school districts permit reasonable access to
directory information to the CRB for purposes of this study.
Provide that CRB is deemed an appropriate organization to
conduct studies for legitimate educational interests for
purposes of Education Code Section 4906(b)(4).
9)Require CRB to report to the Legislature on or before January
1, 2003, analyzing the findings of its research, upon
completion of the study.
EXISTING LAW states that:
1)The California Institution for Women was established for the
punishment, treatment, supervision, and custody and care of
women convicted of felonies.
2)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.
3)CDC shall be guided by the need to provide programs geared to
AB 2316
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assure the stability of the parent-child relationship during
and after participation in the program.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required that CRB in the California State Library design and
conduct a study of the children of the parents who were
incarcerated in state prisons. The purpose was to identify a
control sample and to obtain outcome information about the
status of the children.
2)Appropriated $69,000 from the GF to CRB for the study.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill appropriates $69,000 from the GF
to CRB for the study.
COMMENTS : According to the author, "Mothers are the primary
caregivers of children. AB 2316 would provide an in-depth study
of children of women in state prison through survey forms and
interviews. 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. AB 2316
gives us a better understanding of the impact on children of
incarcerated parents."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Angelo Butler / PUB. S. / (916)
319-3744 FN:
0007189