BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               C
                                                                     R

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          SCR 40 (Yee)                                                
          As Introduced April 29, 2009 
          Hearing date:  June 23, 2009
          Uncodified
          AA:mc

                                   JUVENILE JUSTICE
                                           
                                       HISTORY

          Source:  National Center for Substance Abuse at Columbia  
          University  

          Prior Legislation: None

          Support: California Public Defenders Association

          Opposition:None known


                                         KEY ISSUE
           
          SHOULD THE LEGISLATURE, IN A SENATE CONCURRENT RESOLUTION,  
          acknowledge the role that substance abuse plays in the lives of  
          juvenile offenders, set forth the rights of all juveniles in the  
          juvenile justice system, AND 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?


                                       PURPOSE





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          The purpose of this Senate Concurrent Resolution is to  
          acknowledge the role that substance abuse plays in the lives of  
          juvenile offenders, set forth the rights of all juveniles in the  
          juvenile justice system, and 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.

           This Senate Concurrent Resolution  sets forth the following  
          statements concerning substance abuse, education and the  
          juvenile justice system:

                 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, as specified;<1>  

                 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; 

                 Up to 75 percent of all incarcerated juveniles  
               nationally have some diagnosable mental health disorder,  
               yet mental health services remain scarce;  

                 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; 
             --------------------------
          <1>   Specifically:  "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 . . . ."



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                 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;  


                 At least 30 percent of adults in prison for felony  
               crimes nationally were incarcerated as juveniles; 

                 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 as well  
               as reducing overall crime; 

                 Rather than spend more than two hundred fifty thousand  
               dollars 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; 

                 With comprehensive screening, the needs of juveniles can  
               be identified and appropriate care provided while  
               maintaining the safety of the community; and

                 With appropriate care, juvenile recidivism rates will  
               drop and more youth can become productive, healthy, and  
               law-abiding members of society.

           This Senate Concurrent Resolution  would resolve the following:

                 That the California Legislature hereby recognizes that  
               all juveniles in the juvenile justice system (hereafter the  
               system) should have the following rights:





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                  ?         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  




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                    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. m

                  ?         Right to Speedy Review:  All juveniles in the  
                    system have the right to have their cases processed  
                    fairly and quickly; 

                 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

                 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

                 That the Secretary of the Senate transmit copies of this  




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                                                               SCR 40 (Yee)
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               resolution regarding juvenile justice rights and  
               rehabilitation to the Chief Deputy Secretary for the  
               Division of Juvenile Facilities, 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.

              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          California continues to face a severe prison overcrowding  
          crisis.  The Department of Corrections and Rehabilitation (CDCR)  
          currently has about 170,000 inmates under its jurisdiction.  Due  
          to a lack of traditional housing space available, the department  
          houses roughly 15,000 inmates in gyms and dayrooms.   
          California's prison population has increased by 125 percent (an  
          average of 4 percent annually) over the past 20 years, growing  
          from 76,000 inmates to 171,000 inmates, far outpacing the  
          state's population growth rate for the age cohort with the  
          highest risk of incarceration.<2>  

          In December of 2006 plaintiffs in two federal lawsuits against  
          CDCR sought a court-ordered limit on the prison population  
          pursuant to the federal Prison Litigation Reform Act.  On  
          February 9, 2009, the three-judge federal court panel issued a  
          tentative ruling that included the following conclusions with  
          respect to overcrowding:

               No party contests that California's prisons are  
               overcrowded, however measured, and whether considered  
               in comparison to prisons in other states or jails  
               within this state.  There are simply too many  
               prisoners for the existing capacity.  The Governor,  
               the principal defendant, declared a state of emergency  
               ----------------------
          <2>   "Between 1987 and 2007, California's population of ages 15  
          through 44-the age cohort with the highest risk for  
          incarceration-grew by an average of less than 1 percent  
          annually, which is a pace much slower than the growth in prison  
          admissions."  (2009-2010 Budget Analysis Series, Judicial and  
          Criminal Justice, Legislative Analyst's Office (January 30,  
          2009).)



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               in 2006 because of the "severe overcrowding" in  
               California's prisons, which has caused "substantial  
               risk to the health and safety of the men and women who  
               work inside these prisons and the inmates housed in  
               them." . . .  A state appellate court upheld the  
               Governor's proclamation, holding that the evidence  
               supported the existence of conditions of "extreme  
               peril to the safety of persons and property."  
               (citation omitted)  The Governor's declaration of the  
               state of emergency remains in effect to this day.

               . . .  the evidence is compelling that there is no  
               relief other than a prisoner release order that will  
               remedy the unconstitutional prison conditions.
               . . .

               Although the evidence may be less than perfectly  
               clear, it appears to the Court that in order to  
               alleviate the constitutional violations California's  
               inmate population must be reduced to at most 120% to  
               145% of design capacity, with some institutions or  
               clinical programs at or below 100%.  We caution the  
               parties, however, that these are not firm figures and  
               that the Court reserves the right - until its final  
               ruling - to determine that a higher or lower figure is  
               appropriate in general or in particular types of  
               facilities.
               . . .

               Under the PLRA, any prisoner release order that we  
               issue will be narrowly drawn, extend no further than  
               necessary to correct the violation of constitutional  
               rights, and be the least intrusive means necessary to  
               correct the violation of those rights.  For this  
               reason, it is our present intention to adopt an order  
               requiring the State to develop a plan to reduce the  
               prison population to 120% or 145% of the prison's  
               design capacity (or somewhere in between) within a  






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               period of two or three years.<3>

          The final outcome of the panel's tentative decision, as well as  
          any appeal that may be in response to the panel's final  
          decision, is unknown at the time of this writing.

           This SCR  does not appear to aggravate the prison overcrowding  
          crisis outlined above.






























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          ---------------------------
          <3>   Three Judge Court Tentative Ruling, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          Composed of three judges pursuant to Section 2284, Title 28  
          United States Code (Feb. 9, 2009).









                                      COMMENTS

          1.  Stated Need for This SCR

           The author states:

               Up to 80% of arrested juveniles are involved with  
               alcohol and/or drug abuse. Without intervention and  
               treatment, these juveniles are at a high risk for  
               future crimes. 

               By the time children reach the juvenile justice  
               system, virtually every prevention and support  
               system-family, neighborhoods, schools, health care-has  
               failed. Juvenile offenders are likely to have been  
               neglected and abused by parents; many have grown up in  
               impoverished and dangerous neighborhoods; schools,  
               teachers and administrators have been unable to engage  
               them; they have either slipped through the cracks in  
               our nation's health system or providers have failed to  
               diagnose and treat their problems; and they are likely  
               to be hanging out with other troubled peers and lack  
               spiritual grounding.

               At least 30% of adults in prison for felony crimes  
               nationally were incarcerated as juveniles.  California  
               is missing a profound opportunity to rehabilitate  
               children and prevent future crimes.  Research shows  
               that a high percentage of juvenile offenders could  
               instead become productive citizens, responsible  
               parents and taxpaying, law-abiding members of society  
               if they could only receive the help they so  
               desperately need.

               SCR 40 urges that instead of spending more than  
               $250,000 annually in California to incarcerate each  
               juvenile offender, in appropriate cases, California  
               should rehabilitate court-involved juveniles in need  
               through diversion to treatment programs and other  




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               appropriate services for a much lower public cost.

               Based on extensive research, this resolution urges the  
               California Department of Corrections and  
               Rehabilitation, the Division of Juvenile Justice, and  
               county facilities to join other states in adopting the  
               guidelines set forth in this "Children's Bill of  
               Rights."

          2.  Recent Related Legislation

           SB 518 (Migden), Ch. 649, Statutes of 2007, contained the  
          following uncodified legislative findings:

               (a) Youth confined in a facility of the Department of  
               Corrections and
               Rehabilitation, Division of Juvenile Facilities, are  
               harmed by discrimination
               based on actual or perceived race, ethnic group  
               identification, ancestry,
               national origin, color, religion, sex, sexual  
               orientation, gender identity,
               mental or physical disability, and HIV status.
               (b) Youth are committed to the Department of  
               Corrections and
               Rehabilitation, Division of Juvenile Facilities in  
               order to provide them an
               opportunity for rehabilitation.  These rehabilitation  
               opportunities shall include
               the provision of educational, therapeutic, and other  
               necessary services to
               ensure that these youth can become successful and  
               productive members of
               their communities.
               (c) All youth confined in the Division of Juvenile  
               Facilities have the
               constitutional right to a safe and secure environment.
               (d) The Division of Juvenile Facilities is committed  
               to treating all people
               with dignity, respect, and consideration and  












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               demonstrating behavior which
               is fair, honest, and ethical.
               (e) There is a need to inform youth confined in the  
               Division of Juvenile
               Facilities about their rights.


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