BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 303 (Gonzalez) - Searches:  county jails
          
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          |Version: April 16, 2015         |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: June 22, 2015     |Consultant: Jolie Onodera       |
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          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  






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            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  







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          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. 









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                 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.







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          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: 







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           (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.




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