Criminal procedure: telephone calls: arrested custodial parents.

Under existing law, immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as specified. Existing law requires that a sign informing the arrestee of this right be posted in a conspicuous place. Under existing law, if the arrested person is identified as a custodial parent with responsibility for a minor child, the arrested person is entitled to make 2 additional calls for the purpose of arranging for the care of the minor child or children in the parent's absence, as specified. This bill would require the arresting or booking officer to inquire as to whether the arrested person is a custodial parent with responsibility for a minor child as soon as practicable upon arrest but, except where physically impossible, no later than 3 hours after arrest. The bill would require the booking officer or arresting officer to inform the person that he or she is entitled to, and may request to, make 2 additional telephone calls to arrange for care of a minor child, as provided, and would require a sign to be posted in a conspicuous place informing the arrestee that, if he or she is a custodial parent, he or she has the right to make the additional telephone calls. The bill would require that the signs informing the arrestee of his or her right to make telephone calls be made in English and any non-English language spoken by a substantial number of the public who are served by the police facility or place of detainment, as provided. The bill would state that the rights and duties provided by these provisions shall be enforced regardless of the arrestee's immigration status. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.