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 ****