BILL ANALYSIS                                                                                                                                                                                                    



                                                                 AB 2212
                                                                 Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2212 (Fuentes) - As Amended:  April 22, 2010 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill codifies certain constitutional requirements for  
          determining juvenile competency. Specifically, this bill:


          1)Requires a juvenile court to suspend criminal proceedings if  
            doubt is present as to the minor's present ability to  
            cooperate with his or her lawyer with a reasonable degree of  
            rational understanding.


          2)Requires the court, upon declaration of a doubt as to the  
            minor's competency, to order the competence to be determined  
            at a hearing. 


          3)Requires the court to appoint an expert in the field of  
            juvenile competency to evaluate whether the minor suffers from  
            a mental disorder, developmental disability, or developmental  
            immaturity.  


          4)Species that if the minor is found incompetent by a  
            preponderance of evidence, all proceedings shall remain  
            suspended for a sufficient period of time to determine whether  
            there is a substantial probability the minor will attain the  
            necessary capacity in the foreseeable future. The period of  
            time during which proceedings are suspended shall not exceed  
            six months, during which time the court may consider a motion  
            to dismiss, a motion by the defense regarding a change in the  
            placement of the minor, a detention hearing, or a demurrer. 








                                                                 AB 2212
                                                                 Page  2

           
           FISCAL EFFECT


           1)Minor annual state and local costs for hearings and increased  
            mental health services, depending on how many wards are  
            affected by this bill. This bill essentially codifies current  
            practice, so costs should be minimal. 


            By creating this procedure, however, judges could arguably  
            widen the net and make broader than anticipated use of the  
            proposed procedure, which could result in additional hearings.  
             


          2)Minor absorbable costs to the Judicial Council to develop  
            rules to implement the proposed processes.

           

          COMMENTS

          1)Rationale  . The author's intent is codify competency processes  
            for juveniles, similar to those afforded adults. According to  
            the author, "Despite the Penal Code procedures for determining  
            competency in adult proceedings, a determination of juvenile  
            competency lives only in case law and the Rules of Court. The  
            absence of statutory authority for deciding juvenile  
            competency creates lack of certainty and disparate application  
            of existing case law. 

            "Juvenile adjudicative competency is governed by a combination  
            of California statute as it relates to adults, juvenile rules  
            of court, and controlling case law related to both minors and  
            adults. Legislative action is necessary to articulate the law  
            in a manner that provides the juvenile court with the  
            appropriate guidance, mandate and uniformity to ensure due  
            process of law. 

            "While case law suggest that courts may rely on adult  
            competency provisions in the absence of a juvenile statute on  
            competency to stand trial, adult competency statutes do not  
            address the nuanced application of 'developmental immaturity'  
            outlined in case law relevant to determination of competency  








                                                                 AB 2212
                                                                 Page  3

            in juveniles. Developmental immaturity simply means the minor  
            is too young to understand the proceedings or effectively  
            assist counsel. 

            "Moreover, evaluation of children requires a professional  
            expertise on child development, use of assessment instruments  
            unique to evaluations of children in order to identify a  
            mental disorder or developmental disability. For obvious  
            reasons, the adult statutes fail to address such standard of  
            practice for juveniles. Codification of a juvenile statute for  
            competency to stand trial is necessary to address a void in  
            the statue that unambiguously provides guidance on the rule of  
            law for competency in delinquency proceedings."  

          2)Support.  The Youth Law Center, the CA Public Defenders  
            Association, and the Sacramento County Public Defender  
            reference confusion in this area of law and agree upon the  
            need to codifying juvenile competency processes. 

            According to the Sacramento County Public Defender, "With the  
            passage of AB 2212, the state could save countless resources  
            in avoiding further unnecessary litigation in this area.  
            Countless contested competency cases are being litigated in  
            juvenile court everyday, draining valuable resources. Cases  
            are being litigated up and down the appellate court ladder  
            attempting to get guidance in this vague area of the law. AB  
            2212 would give juvenile delinquency courts, minors'  
            attorneys, prosecutors, and other juvenile justice partners  
            clear standards, direction and guidance in this area of law,  
            as is the case regarding competency to stand trial in the  
            criminal court."
           
          3)Prior legislation  , AB 2019 (Steinberg), 2004, was similar to  
            AB 2212, but considerably more expansive and prescriptive  
            regarding the outcome should a juvenile be found incompetent.  
            AB 2212, expired on the Senate floor after passing off of the  
            Suspense File in both houses.  

          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081