California 2017-2018 Regular Session

California Assembly Bill AB2250 Latest Draft

Bill / Amended Version Filed 04/05/2018

                            Amended IN  Assembly  April 05, 2018 Amended IN  Assembly  March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2250Introduced by Assembly Member ThurmondFebruary 13, 2018 An act to add Section 7446 to the Penal Code, relating to children of incarcerated parents.LEGISLATIVE COUNSEL'S DIGESTAB 2250, as amended, Thurmond. Children of incarcerated parents: working group.Existing law requires the California Research Bureau in the California State Library to conduct a study of the children of women who are incarcerated in state prisons for the purpose of determining how many incarcerated women have children and to gather basic information about the children. Existing law requires the California Research Bureau to convene an advisory group to assist in designing and administering the study.This bill would require the Board of State and Community Corrections to convene a working group regarding the specified needs of children of incarcerated parents. The bill would require the working group to include representatives from the Department of Corrections and Rehabilitation, the Judicial Council, the Chief Probation Officers of California, and children of incarcerated parents and their advocacy groups, among others. The bill would require the working group to develop guidelines for policy and procedure decisions that impact children of incarcerated parents and to make policy and fiscal recommendations to the Legislature for potential revisions to state law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7446 is added to the Penal Code, to read:7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:(1) The Department of Corrections and Rehabilitation.(2) The State Department of Education.(3) The State Department of Social Services.(4) The State Department of Health Care Services.(5) The Judicial Council.(6) The Commission on Peace Officer Standards and Training.(7) The California State Sheriffs Association.(8) The Chief Probation Officers of California.(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.(b) The working group shall do all of the following:(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:(A) To be kept informed and protected from additional trauma at the time of parental arrest.(B) To be heard and respected by decisionmakers when decisions are made about the child.(C) To be considered when decisions are made about the childs parent.(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.(E) To speak with, see, and touch the incarcerated parent.(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.(G) To not be judged, labeled, or blamed for the parents incarceration.(H) To have a lifelong relationship with the incarcerated parent.

 Amended IN  Assembly  April 05, 2018 Amended IN  Assembly  March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2250Introduced by Assembly Member ThurmondFebruary 13, 2018 An act to add Section 7446 to the Penal Code, relating to children of incarcerated parents.LEGISLATIVE COUNSEL'S DIGESTAB 2250, as amended, Thurmond. Children of incarcerated parents: working group.Existing law requires the California Research Bureau in the California State Library to conduct a study of the children of women who are incarcerated in state prisons for the purpose of determining how many incarcerated women have children and to gather basic information about the children. Existing law requires the California Research Bureau to convene an advisory group to assist in designing and administering the study.This bill would require the Board of State and Community Corrections to convene a working group regarding the specified needs of children of incarcerated parents. The bill would require the working group to include representatives from the Department of Corrections and Rehabilitation, the Judicial Council, the Chief Probation Officers of California, and children of incarcerated parents and their advocacy groups, among others. The bill would require the working group to develop guidelines for policy and procedure decisions that impact children of incarcerated parents and to make policy and fiscal recommendations to the Legislature for potential revisions to state law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 05, 2018 Amended IN  Assembly  March 15, 2018

Amended IN  Assembly  April 05, 2018
Amended IN  Assembly  March 15, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2250

Introduced by Assembly Member ThurmondFebruary 13, 2018

Introduced by Assembly Member Thurmond
February 13, 2018

 An act to add Section 7446 to the Penal Code, relating to children of incarcerated parents.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2250, as amended, Thurmond. Children of incarcerated parents: working group.

Existing law requires the California Research Bureau in the California State Library to conduct a study of the children of women who are incarcerated in state prisons for the purpose of determining how many incarcerated women have children and to gather basic information about the children. Existing law requires the California Research Bureau to convene an advisory group to assist in designing and administering the study.This bill would require the Board of State and Community Corrections to convene a working group regarding the specified needs of children of incarcerated parents. The bill would require the working group to include representatives from the Department of Corrections and Rehabilitation, the Judicial Council, the Chief Probation Officers of California, and children of incarcerated parents and their advocacy groups, among others. The bill would require the working group to develop guidelines for policy and procedure decisions that impact children of incarcerated parents and to make policy and fiscal recommendations to the Legislature for potential revisions to state law.

Existing law requires the California Research Bureau in the California State Library to conduct a study of the children of women who are incarcerated in state prisons for the purpose of determining how many incarcerated women have children and to gather basic information about the children. Existing law requires the California Research Bureau to convene an advisory group to assist in designing and administering the study.

This bill would require the Board of State and Community Corrections to convene a working group regarding the specified needs of children of incarcerated parents. The bill would require the working group to include representatives from the Department of Corrections and Rehabilitation, the Judicial Council, the Chief Probation Officers of California, and children of incarcerated parents and their advocacy groups, among others. The bill would require the working group to develop guidelines for policy and procedure decisions that impact children of incarcerated parents and to make policy and fiscal recommendations to the Legislature for potential revisions to state law.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 7446 is added to the Penal Code, to read:7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:(1) The Department of Corrections and Rehabilitation.(2) The State Department of Education.(3) The State Department of Social Services.(4) The State Department of Health Care Services.(5) The Judicial Council.(6) The Commission on Peace Officer Standards and Training.(7) The California State Sheriffs Association.(8) The Chief Probation Officers of California.(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.(b) The working group shall do all of the following:(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:(A) To be kept informed and protected from additional trauma at the time of parental arrest.(B) To be heard and respected by decisionmakers when decisions are made about the child.(C) To be considered when decisions are made about the childs parent.(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.(E) To speak with, see, and touch the incarcerated parent.(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.(G) To not be judged, labeled, or blamed for the parents incarceration.(H) To have a lifelong relationship with the incarcerated parent.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 7446 is added to the Penal Code, to read:7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:(1) The Department of Corrections and Rehabilitation.(2) The State Department of Education.(3) The State Department of Social Services.(4) The State Department of Health Care Services.(5) The Judicial Council.(6) The Commission on Peace Officer Standards and Training.(7) The California State Sheriffs Association.(8) The Chief Probation Officers of California.(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.(b) The working group shall do all of the following:(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:(A) To be kept informed and protected from additional trauma at the time of parental arrest.(B) To be heard and respected by decisionmakers when decisions are made about the child.(C) To be considered when decisions are made about the childs parent.(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.(E) To speak with, see, and touch the incarcerated parent.(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.(G) To not be judged, labeled, or blamed for the parents incarceration.(H) To have a lifelong relationship with the incarcerated parent.

SECTION 1. Section 7446 is added to the Penal Code, to read:

### SECTION 1.

7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:(1) The Department of Corrections and Rehabilitation.(2) The State Department of Education.(3) The State Department of Social Services.(4) The State Department of Health Care Services.(5) The Judicial Council.(6) The Commission on Peace Officer Standards and Training.(7) The California State Sheriffs Association.(8) The Chief Probation Officers of California.(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.(b) The working group shall do all of the following:(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:(A) To be kept informed and protected from additional trauma at the time of parental arrest.(B) To be heard and respected by decisionmakers when decisions are made about the child.(C) To be considered when decisions are made about the childs parent.(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.(E) To speak with, see, and touch the incarcerated parent.(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.(G) To not be judged, labeled, or blamed for the parents incarceration.(H) To have a lifelong relationship with the incarcerated parent.

7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:(1) The Department of Corrections and Rehabilitation.(2) The State Department of Education.(3) The State Department of Social Services.(4) The State Department of Health Care Services.(5) The Judicial Council.(6) The Commission on Peace Officer Standards and Training.(7) The California State Sheriffs Association.(8) The Chief Probation Officers of California.(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.(b) The working group shall do all of the following:(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:(A) To be kept informed and protected from additional trauma at the time of parental arrest.(B) To be heard and respected by decisionmakers when decisions are made about the child.(C) To be considered when decisions are made about the childs parent.(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.(E) To speak with, see, and touch the incarcerated parent.(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.(G) To not be judged, labeled, or blamed for the parents incarceration.(H) To have a lifelong relationship with the incarcerated parent.

7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:(1) The Department of Corrections and Rehabilitation.(2) The State Department of Education.(3) The State Department of Social Services.(4) The State Department of Health Care Services.(5) The Judicial Council.(6) The Commission on Peace Officer Standards and Training.(7) The California State Sheriffs Association.(8) The Chief Probation Officers of California.(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.(b) The working group shall do all of the following:(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:(A) To be kept informed and protected from additional trauma at the time of parental arrest.(B) To be heard and respected by decisionmakers when decisions are made about the child.(C) To be considered when decisions are made about the childs parent.(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.(E) To speak with, see, and touch the incarcerated parent.(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.(G) To not be judged, labeled, or blamed for the parents incarceration.(H) To have a lifelong relationship with the incarcerated parent.



7446. (a) The Board of State and Community Corrections shall convene a working group regarding the needs of children of incarcerated parents, as specified in paragraph (3) of subdivision (b), in order to develop policy and fiscal recommendations for meeting those needs. The working group shall include, but not be limited to, representatives from all of the following:

(1) The Department of Corrections and Rehabilitation.

(2) The State Department of Education.

(3) The State Department of Social Services.

(4) The State Department of Health Care Services.

(5) The Judicial Council.

(6) The Commission on Peace Officer Standards and Training.

(7) The California State Sheriffs Association.

(8) The Chief Probation Officers of California.

(9) Children of incarcerated parents and their advocacy groups, including, but not limited to, the San Francisco Children of Incarcerated Parents Partnership, the Alameda County Children of Incarcerated Parents Partnership, Project Avary, and Project WHAT!. Project WHAT!, POPS the Club, and Place4Grace.

(b) The working group shall do all of the following:

(1) By January 1, 2020, develop guidelines using the needs described in paragraph (3) as a set of guiding principles for policy and procedure decisions that impact children of incarcerated parents in the areas of corrections, education, child welfare, mental health, the courts, law enforcement, and probation.

(2) By January 1, 2020, make policy and fiscal recommendations to the Legislature for potential revisions to state law that would adhere to those aforementioned guidelines.

(3) Examine the unique needs of children of incarcerated parents, which include, but are not limited to, the childs need for all of the following:

(A) To be kept informed and protected from additional trauma at the time of parental arrest.

(B) To be heard and respected by decisionmakers when decisions are made about the child.

(C) To be considered when decisions are made about the childs parent.

(D) To be cared for in the absence of the childs parent in a way that prioritizes the childs physical, mental, and emotional needs.

(E) To speak with, see, and touch the incarcerated parent.

(F) To be provided support through local services and programs geared toward the needs of children with incarcerated parents.

(G) To not be judged, labeled, or blamed for the parents incarceration.

(H) To have a lifelong relationship with the incarcerated parent.