BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 459|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 459
          Author:   Burton (D)
          Amended:  4/3/03
          Vote:     27 - Urgency

           
          WITHOUT REFERENCE TO FILE
           
          SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 3/13/03
          AYES:  McPherson, Burton, Margett, Romero, Sher

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 3/17/03
          AYES:  Alpert, Battin, Aanestad, Ashburn, Burton, Escutia,  
            Johnson, Karnette, Machado, Poochigian

           SENATE FLOOR :  38-0, 3/17/03
          AYES:  Aanestad, Ackerman, Alarcon, Alpert, Ashburn,  
            Battin, Bowen, Burton, Cedillo, Chesbro, Denham, Ducheny,  
            Dunn, Escutia, Figueroa, Florez, Hollingsworth, Johnson,  
            Karnette, Knight, Kuehl, Machado, Margett, McClintock,  
            McPherson, Morrow, Murray, Oller, Ortiz, Perata,  
            Poochigian, Romero, Scott, Sher, Soto, Speier, Torlakson,  
            Vincent


           SUBJECT  :    Youthful Offender Parole Board:  consolidation  
          into CYA

           SOURCE  :     Author


           DIGEST  :     This bill consolidates the operations of the  
          Youthful Offender Parole Board under the State Department  
          of the Youth Authority and makes related changes to the  
                                                           CONTINUED





                                                                SB 459
                                                                Page  
          2

          juvenile law, as specified.

           Assembly amendments  allow the Youth Authority Board to  
          request the Director of the Youth Authority to review any  
          case when the State Department of Youth Authority has not  
          made a request to the prosecuting attorney pursuant to the  
          law concerning petitioning for order for further detention  
          and the board finds that the ward would be physically  
          dangerous to the public because of the ward's mental or  
          physical deficiency, disorder or abnormality.  Sets up  
          procedures concerning the review of the case including,  
          upon the board's request, a mental health professional  
          designated by the director to review the case and  
          thereafter may affirm the finding or order additional  
          assessment of the work.
           
          ANALYSIS  :    Current law generally authorizes juvenile  
          courts to commit juvenile offenders to the State Department  
          of the Youth Authority.

          Current law requires counties to pay the state a monthly  
          fee for persons who have been committed to the Youth  
          Authority, generally ranging from $150 per ward to 100  
          percent of the per capita institutional cost of the Youth  
          Authority, as specified, depending upon the nature of the  
          offense upon which the commitment is based.

          Current law establishes the seven-member state Youthful  
          Offender Parole Board ("YOPB"), comprised of gubernatorial  
          appointees confirmed by the Senate, which generally is  
          responsible with overseeing a number of decisions regarding  
          Youth Authority wards, including length of stay and  
          readiness to parole, handling certain disciplinary matters,  
          revoking parole, and required programming.

           Structural Consolidation:  YOPB into CYA
           
          This bill would recast, effective January 1, 2004, the  
          powers and duties of the YOPB, and consolidate some of its  
          functions into the CYA with the following changes:

            1.  Places YOPB under CYA.

            2.  Reduces board from seven to five appointees, plus  







                                                                SB 459
                                                                Page  
          3

              chair.

            3.  Grandfathers-in existing board members, with one term  
              expiring March 2004, one expiring in March 2005 and one  
              expiring in March 2006.

            4.  Provides for transfer of YOPB staff to CYA depending  
              upon workforce needs.

            5.  Adds to board qualifications background in care and  
              rehabilitation of juvenile offenders in a treatment  
              setting.

            6.  Adds mandatory training for board members and their  
              designees.

            7.  Makes CYA director ex officio nonvoting chair.

            8.  Distills board's powers to three:  releases  
              (discharges and parole), parole revocations and  
              disciplinary appeals.

            9.  Authorizes board to use designees who serve at the  
              pleasure of the director, have specified ward and staff  
              supervision experience, and are subject to the same  
              training as board members.

            10.Gives wards a right to appeal time adds to a panel of  
              at least two board members.

            11.Restores old name, "Youth Authority Board" (changed to  
              YOPB in 1980).

          In addition, this bill would enact the following changes  
          pertaining to CYA powers and duties effective January 1,  
          2004:

          1.Gives CYA some of YOPB's powers and duties (return of  
            persons to the court of commitment for redisposition by  
            the court, determination of offense category, setting of  
            parole consideration dates using existing guidelines,  
            conducting annual reviews, treatment program orders,  
            institution placements, furlough placements, return of  
            nonresident persons to the jurisdiction of the state of  







                                                                SB 459
                                                                Page  
          4

            legal residence, disciplinary decision making, and  
            referrals pursuant to Welfare and Institutions Code  
            Section 1800).

          2.Requires CYA to promulgate regulations for disciplinary  
            system, including time adjustments.

          3.Requires CYA to provide specified ward treatment  
            information to county probation and courts.

          4.Requires CYA to collect and make public specified  
            aggregate data concerning its population.

           Additional Related Reforms (effective January 1, 2004)
           
          1.Clarifies court's authority to remove a ward from CYA.

          2.Authorizes the court to set a maximum term of confinement  
            that is not necessarily the adult term maximum.

           Juvenile Law Changes
           
          Current law provides that "(a) minor committed to the  
          Department of the Youth Authority may not be held in  
          physical confinement for a period of time in excess of the  
          maximum period of imprisonment which could be imposed upon  
          an adult convicted of the offense or offenses which brought  
          or continued the minor under the jurisdiction of the  
          juvenile court."

          This bill would additionally provide that a "minor  
          committed to the Department of the Youth Authority also may  
          not be held in physical confinement for a period of time in  
          excess of the maximum term of physical confinement set by  
          the court based upon the facts and circumstances of the  
          matter or matters which brought or continued the minor  
          under the jurisdiction of the juvenile court, which may not  
          exceed the maximum period of adult confinement as  
          determined pursuant to this section."

          Current law provides that "(t)he court committing a ward to  
          the Youth Authority may thereafter change, modify, or set  
          aside the order of commitment . . .  In changing,  
          modifying, or setting aside such order of commitment, the  







                                                                SB 459
                                                                Page  
          5

          court shall give due consideration to the effect thereof  
          upon the discipline and parole system of the Youth  
          Authority or of the correctional school in which the ward  
          may have been placed by the Youth Authority.  Except as in  
          this section provided, nothing in this chapter shall be  
          deemed to interfere with the system of parole and discharge  
          now or hereafter established by law, or by rule of the  
          Youth Authority, for the parole and discharge of wards of  
          the juvenile court committed to the Youth Authority, or  
          with the management of any school, institution, or facility  
          under the jurisdiction of the Youth Authority."

          This bill would clarify that this "section does not limit  
          the authority of the court to change, modify, or set aside  
          an order of commitment after a noticed hearing and upon a  
          showing of good cause that the Youth Authority is unable  
          to, or failing to, provide treatment consistent with  
          Section 734 of the Welfare and Institutions Code."

           Appropriation
           
          Under current law, "(t)he Youthful Offender Parole Board is  
          limited in its expenditures to funds specifically made  
          available for its use."  The 2002-2003 budget bill (AB 425  
          (Oropeza), Chapter 379, Statutes 2002, contained only half  
          ($1,644,000) of the YOPB's budget for fiscal year  
          2002-2003; the other half was in SB 1793 (Burton), which  
          was vetoed by the Governor on September 30, 2002.  As a  
          result, the YOPB is without funding to conduct its  
          operations for the entire 2002-2003 budget year.

          This bill would make an immediate appropriation for the  
          usual current expenses of the YOPB for the current year  
          budget in the amount of $1.55 million to supplement funding  
          provided in Item 5450-001-0001 of the Budget Act of 2002.

           Background

          CYA Population; California's Juvenile Justice System;  
          Juvenile Arrest Rates
           
          CYA houses about 5,300 youthful offenders, and provides  
          them with education, training and treatment services.   
          CYA's institutional population has dropped by over 46  







                                                                SB 459
                                                                Page  
          6

          percent since 1996.  Although wards are committed to CYA by  
          local courts, decisions relating to length of stay and  
          parole are made by YOPB.

          County probation departments now supervise approximately 97  
          percent of all juvenile offenders; the remaining three  
          percent are committed to CYA.  State policies have  
          increasingly recognized the need to strengthen the local  
          juvenile justice system and its array of alternatives and  
          graduated sanctions for juvenile offenders.  For example:

           1.CYA Sliding Scale Fee Legislation  .  In 1996, a new fee  
            structure was imposed to provide incentives for counties  
            to treat less serious offenders in county-level  
            placements.  Counties are required to pay 100 percent of  
            the average cost for "category 7" wards, 75 percent for  
            "category 6" wards and 50 percent for "category 5" wards.  
             Counties now pay over $50 million annually for their  
            commitments to CYA.

           2.Crime Prevention Act  .  Over the past two years, the state  
            has provided counties with $237.6 million to develop and  
            implement comprehensive juvenile justice strategies.  An  
            additional $116.3 million is proposed in the Governor's  
            2002-03 budget.

           3.Juvenile Facility Construction Funds  .  Since 1997-98, a  
            total of $464.1 million in state and federal funds have  
            been dedicated to assist counties remodel and construct  
            local juvenile facilities.

           4.Juvenile Justice Challenge Grants  .  Since 1996, a total  
            of $131 million has been allocated to counties for grants  
            to develop innovative approaches to juvenile crime.

          Responding to these state initiatives, local leaders have  
          established innovative strategies emphasizing collaborative  
          and interdisciplinary responses to juvenile crime.  Judges,  
          probation departments, local law enforcement agencies,  
          district attorneys and public defenders, health and human  
          services agencies, and community based organizations have  
          come together to plan, identify gaps in services, and  
          coordinate resources and interventions.








                                                                SB 459
                                                                Page  
          7

          The juvenile arrest rate in California has declined  
          dramatically over the last several years.  From 1995 -  
          2000, for example, the felony arrest rate for juveniles  
          dropped over 34 percent; from 1980 - 2000, the felony  
          juvenile arrest rate declined 50 percent.  During the same  
          20-year period, the total juvenile arrest rate dropped over  
          38 percent.

          The author states, "this bill consolidates the work of the  
          Youthful Offender Parole Board under the Department of the  
          Youth Authority in a manner that makes both fiscal and  
          policy sense.  Up until 1980, the YOPB was part of CYA.   
          Returning to this general framework will greatly improve  
          the link between board members and the CYA, which will  
          result in a more effective and efficient Youth Authority.   
          This bill also contains important checks and balances that  
          will enhance the relationship between CYA and the counties,  
          which will improve CYA correctional services.

          "In addition, this bill ensures that the Youthful Offender  
          Parole Board is adequately funded to perform its duties  
          mandated by law for the remainder of the 2002-2003 budget  
          year."

           Prior legislation
           
          Last year, SB 1793 (Burton) proposed to eliminate YOPB and  
          shift its functions to local probation and the juvenile  
          courts.  SB 1793, which passed the Senate Public Safety  
          Committee, 4-0, and the Senate Floor on 8/30/02, 29-5,  
          (NOES:  Ackerman, Battin, Brulte, McClintock, Oller) was  
          vetoed by the Governor on September 30, 2002.

          In his veto message the Governor stated that:

               "While I welcome the author's goal to improve our  
               juvenile system, I believe this bill misses the mark.

               "Under my direction, the Department of the Youth  
               Authority and the Youthful Offender Parole Board are  
               making systemwide improvements including the  
               establishment of a workgroup to:  (1) Develop a  
               standardized screening, assessment and classification  
               process to accurately identify ward treatment needs  







                                                                SB 459
                                                                Page  
          8

               and the appropriate level of care; (2) Develop an  
               individualized treatment plan format to assist with  
               providing accurate and timely information for YOPB  
               review; (3) Review existing Youth Authority treatment  
               services to determine the most effective treatment  
               strategies and eliminate duplicative or less effective  
               programs; (4) Develop outcome and performance measures  
               for treatment services and (5) Develop compliance and  
               monitoring tools.  The workgroup will provide a first  
               draft of recommendations to the Youth Authority in  
               October.

               "I believe these improvements will accomplish many of  
               the objectives sought by the author and other  
               stakeholders in the juvenile justice system."

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2002-03     2003-04     2005-05   Fund

           YOPB-Administration
               Costs       $1,550*   $1,550    --        General
               Savings               ($1,550)  ($3,100)  General
          YAB                        ---Unknown, major---General
          CYA                        ---Unknown, major---General

          *Appropriated in the bill

          In addition to the appropriation in this bill, the transfer  
          of activities will result in unknown costs in future years  
          to the renamed YAB and the CYA. This bill imposes  
          additional requirements for board and staff training and  
          for CYA regulations, data collection and reporting.   
          Additional costs associated with these provisions are  
          unknown. Savings from reduced hearings and smaller board  
          size potentially would offset these costs.  

           SUPPORT  :   (Verified  4/4/03)








                                                                SB 459
                                                                Page  
          9

          California Catholic Conference
          California League of Women Voters

           OPPOSITION  :    (Verified  4/4/03)

          Crime Victims United of California

           ARGUMENTS IN SUPPORT  :    Supporters state, by realigning  
          this authority, the system will achieve greater local  
          control, enhance accountability at CYA and provide better  
          outcomes for youth resulting in improved public safety.

          League of Women Voters state, they support the proposal to  
          involve the county juvenile justice systems in determining  
          the treatment programs and length of stay of the young  
          people they commit to CYA.  The juvenile court judges and  
          probation officers know the wards and understand what  
          rehabilitation efforts are needed before the young  
          offenders can return to their communities.

           ARGUMENTS IN OPPOSITION  :    Opponents state, counties who  
          are financially strapped put pressure on CYA to release  
          wards back into the community regardless of whether or not  
          they have completed rehabilitative programs.  The Youth  
          Authority Parole Board serves a valuable public safety  
          function by providing checks and balances and independent  
          oversight of CYA's parole release recommendations.  Crime  
          Victims United strongly believes that parole release  
          decisions should not be based on fiscal concerns, but  
          rather on public safety concerns.  
           

          RJG:nl  04/4/03   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****