BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 303 (Gonzalez) - Searches: county jails ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 16, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 22, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 303 would do the following: Requires that during a strip search or body cavity search of a prearraignment detainee or a minor detained prior to a detention hearing and charged with a misdemeanor or infraction offense, all persons within sight of the detainee be of the same sex as the person being searched, except for physicians or licensed medical personnel, as specified. Extends the protections regarding the manner in which a strip search or visual or physical body cavity search is conducted to all detained minors (including those charged with felony offenses, post-detention hearing, and in the custody of the Department of Corrections and Rehabilitation (CDCR)), and all minors adjudged a ward of the court, as specified. Fiscal Impact: Minor ongoing costs (General Fund*) to local jails to comply with the added requirement that all persons within sight of a AB 303 (Gonzalez) Page 1 of ? prearraignment detainee charged with a misdemeanor or infraction offense be of the same sex as the person being searched. Potentially significant one-time and ongoing costs in excess of $150,000 (General Fund*) statewide for local jails and county juvenile facilities to comply with the protections regarding the manner in which a strip search or body cavity search is conducted on all detained minors and wards of the court. According to DOJ statistics, nearly 97,000 arrests of juveniles occurred in 2013, of which nearly 32 percent (30,800) accounted for felony arrests. Minor and absorbable ongoing costs (General Fund) to the CDCR to comply with the search requirements for all minors placed in CDCR facilities. Potential impact (General Fund) to the Department of Social Services (DSS) to comply with the requirements relating to minors adjudged wards of the court and placed in DSS-licensed facilities. Non-reimbursable local costs for enforcement, offset to a degree by fine revenue to the extent misdemeanor violations are charged. *Proposition 30 exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs, including public safety services such as managing local jails and providing supervision of juvenile and adult offenders, apply to local agencies only to the extent that the State provides annual funding for the cost increase. To the extent the provisions of this measure create a higher level of service and increase the overall costs to local jails and county juvenile facilities, could require the provision of General Fund support. Background: Existing law states the conditions and manner in which strip searches may occur in local detention facilities. AB 1367 (Waters) Chapter 35/1984 includes codified language stating the intent of the Legislature to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip search and body cavity searches. These provisions apply only to pre-arraignment detainees arrested for infraction or misdemeanor offenses and to minors detained prior to a detention hearing, as specified. Existing AB 303 (Gonzalez) Page 2 of ? law provides that no person as just described held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, shall be subjected to a strip or visual body cavity search prior to the placement in the general jail population unless a peace officer has determined there is a reasonable suspicion to believe the person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search may only occur with the prior written authorization of the supervising officer on duty. (Penal Code (PC) § 4030(b)-(f).) Existing law requires, among other things, that all persons conducting or otherwise present during a strip search or visual or physical body cavity search to be of the same sex as the person being searched, except for physicians or licensed medical personnel. (PC § 4030(l).). Under existing law, a person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of the prescribed provisions is guilty of a misdemeanor. (PC § 4030(n).). Proposed Law: This bill requires that during a strip search or body cavity search of a prearraignment detainee or a minor detained prior to a detention hearing and charged with a misdemeanor or infraction offense, all persons within sight of the detainee be of the same sex as the person being searched, except for physicians or licensed medical personnel, as specified. Additionally, this bill extends the following protections regarding the manner in which a strip search or visual or physical body cavity search is conducted to all detained minors and all minors adjudged a ward of the court: Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse or emergency medical technician Level II licensed to practice in this state. AB 303 (Gonzalez) Page 3 of ? All persons conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. Provides that a person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of the specified provisions is guilty of a misdemeanor. Authorizes any person who suffers damage or harm as a result of a violation of this section to bring a civil action to recover actual damages, or $1,000, whichever is greater. Related Legislation: None applicable. Staff Comments: By imposing additional requirements on local agencies, this bill creates a state-mandated local program. Proposition 30 (2012) exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs, including public safety services such as managing local jails and providing supervision of juvenile and adult offenders, apply to local agencies only to the extent that the State provides annual funding for the cost increase. AB 303 (Gonzalez) Page 4 of ? This bill revises existing law to require that all persons within sight during a strip search or body cavity search of a prearraignment detainee charged with a misdemeanor or infraction offense be of the same sex as the person being searched. As existing law already requires all persons conducting or otherwise present during a strip search or body cavity search to be of the same sex as the person being searched, with the exception of physicians or licensed medical personnel, this change is estimated to result in minimal impact to local agencies. This bill also extends the protections regarding the manner in which a strip search or visual or physical body cavity search is conducted to 1) all detained minors, regardless of the offense charged, at any time during custody, and inclusive of minors in the custody of CDCR; and, 2) all minors adjudged a ward of the court. This provision could result in one-time and ongoing costs potentially in excess of $150,000 (General Fund) statewide for local jails and county juvenile facilities to comply with these provisions, which could include the need to revise policies and procedures to comply operationally with these requirements. The CDCR has indicated minor and absorbable ongoing costs to comply with the search requirements for all minors placed in CDCR facilities. The Department of Social Services (DSS) may incur additional workload and costs to comply with the requirements relating to minors adjudged wards of the court and placed in DSS-licensed facilities. The magnitude of this impact, while still being determined at the time of this analysis, could be significant. To the extent misdemeanor charges are filed due to violations of the bill's provisions would result in non-reimbursable local costs for enforcement, offset to a degree by fine revenue. Recommended Amendments: To clarify that the provisions of new PC § 4031 do not limit the additional protections provided under existing law to minors charged with misdemeanor or infraction offenses, staff recommends the following amendment: On page 6, between lines 33 and 34 insert: AB 303 (Gonzalez) Page 5 of ? (i) Nothing in this section shall be construed to limit the protections provided by Section 4030 for individuals described in subdivision (b) of that section. -- END --