BILL NUMBER: SCR 40	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2010

INTRODUCED BY   Senator Yee

                        APRIL 29, 2009

   Relative to juvenile justice.


	LEGISLATIVE COUNSEL'S DIGEST


   SCR 40, as amended, Yee. Juvenile justice.
   This measure would acknowledge the role that substance abuse plays
in the lives of juvenile offenders and would set forth the rights of
all juveniles in the juvenile justice system. The measure would urge
each facility in the state that houses wards or is responsible for
the oversight of wards to adopt these rights into the regulations and
common practices of the facility.
   Fiscal committee: no.



   WHEREAS, According to The National Center on Addiction and
Substance Abuse (CASA) at Columbia University, substance abuse plays
a role in the lives of up to 80 percent of juveniles in juvenile
justice systems across the United States: 18.2 percent are under the
influence of alcohol or drugs while committing their offenses, 53.9
percent test positive for drugs at the time of arrest, 12.1 percent
are arrested for committing an alcohol or drug offense, 62.5 percent
report having substance abuse problems, and many exhibit some
combination of these characteristics; and
   WHEREAS, Although 44 percent of juveniles arrested nationally meet
clinical criteria for a substance abuse disorder requiring medical
treatment, only 3.6 percent receive any form of substance abuse
treatment; and
   WHEREAS, Up to 75 percent of all incarcerated juveniles nationally
have some diagnosable mental health disorder, yet mental health
services remain scarce; and
   WHEREAS, Incarcerated juveniles have an increased need for basic
and special education, but they are left behind in the current
system. The education provided should be age appropriate and
developmentally appropriate, and the curricula and conditions
developed by the state should be comparable to what children in
public schools experience, including credentialed teachers and
adequate facilities; and
   WHEREAS, Juveniles who drink and use drugs are more likely to be
arrested multiple times, with each conviction raising the likelihood
of transfer to adult court and eventual adult felony conviction.
Juveniles whose cases are transferred to criminal court also
recidivate faster and with more serious offenses than those retained
in the juvenile court; and
   WHEREAS, At least 30 percent of adults in prison for felony crimes
nationally were incarcerated as juveniles; and
   WHEREAS, If treatment options are successful in only 12 percent of
cases nationally, reducing the population of adult prisoners with
juvenile records by the same amount would create annual savings of
eighteen billion dollars ($18,000,000,000), as well as reducing
overall crime; and
   WHEREAS, Rather than spend more than two hundred fifty thousand
dollars ($250,000) annually in California to incarcerate a juvenile
offender as was projected for the 2008-09 year, in appropriate cases,
California could rehabilitate juveniles who come before the juvenile
court through diversion to treatment programs and other appropriate
services for a much lower public cost; and
   WHEREAS, With comprehensive screening, the needs of juveniles can
be identified and appropriate care provided while maintaining the
safety of the community; and
   WHEREAS, With appropriate care, juvenile recidivism rates will
drop and more youth can become productive, healthy, and law-abiding
members of society; now, therefore, be it
   Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the California Legislature hereby recognizes
that all juveniles in the juvenile justice system (hereafter the
system) should have the following rights:
   Right to Rehabilitation: In the handling of each juvenile case,
the state should use its best efforts to rehabilitate the juvenile,
in furtherance of which  ,  a comprehensive
assessment should be made of each juvenile's substance use, medical
and mental health, education, and family issues that may be linked to
the delinquency.
   Right to Treatment: All juveniles in the system should have
effective, evidence-based treatment services for substance abuse
problems and disorders as well as health issues, including medical,
mental, and dental issues, based on a comprehensive assessment of
their needs, and provided by trained professionals.
   Right to Education: All juveniles in the system should have a
public education, including special education when needed, that meets
criteria as established by the State Department of Education.
   Right to Family and Social Services: All juveniles in the system
should have services to improve family and social functioning.
   Right to Least Restrictive Alternatives: All juveniles in the
system should be entitled to the least restrictive means appropriate
to their individual cases throughout their contact with the system.
   Right to Reintegration: All juveniles in the system should be
provided with appropriate aftercare to support successful reentry
into the community that incorporates a continuity of care from
placement through release.
   Right to Nondiscrimination: All juveniles in the system have the
right to have all determinations in their cases made without regard
to religion, race, national origin, ethnicity, gender, or sexual
orientation.
   Right to Safety and Security: All juveniles in the system have the
right to be housed in safe, dedicated juvenile facilities, to be
kept free from any form of abuse, including protection from
disproportionate means and the use of force.
   Right to Counsel: All juveniles in the system have the right to
free, competent counsel at all stages of proceedings.
   Right to Protection from Self-Incrimination: All juveniles in the
system have the right to appropriate safeguards against
self-incrimination, including the vesting in the juvenile of a
privilege for any statement by the juvenile given in furtherance of
treatment or assessment for treatment.
   Right to Evidence-Based Practice: The state should track and
evaluate the effectiveness of treatment and assessments over time to
ensure that the means employed are scientifically supported and
improved.
   Right to Speedy Review: All juveniles in the system have the right
to have their cases processed fairly and quickly; and be it further
   Resolved, That none of the foregoing rights shall abridge or
abrogate any other recognized rights, entitlements, or privileges
enjoyed by those in whom these rights are vested; and be it further
   Resolved, That each facility in California housing wards of the
juvenile court, or responsible for the oversight of wards, is urged
to adopt these rights into the regulations and common practices of
the facility; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution regarding juvenile justice rights and rehabilitation to
the Chief Deputy Secretary for the Division of Juvenile Facilities,
 and  to each facility in the state housing wards of the
juvenile court, or responsible for the oversight of wards  ,
and to the author for appropriate distribution.   .