BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Mark Leno, Chair S 2009-2010 Regular Session C R 4 0 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 (More) SCR 40 (Yee) PageB 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 . . . ." (More) SCR 40 (Yee) PageC 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: (More) SCR 40 (Yee) PageD ? 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 (More) SCR 40 (Yee) PageE 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 (More) SCR 40 (Yee) PageF 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).) (More) SCR 40 (Yee) PageG 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 (More) SCR 40 (Yee) PageH 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. (More) --------------------------- <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 (More) SCR 40 (Yee) PageJ 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 SCR 40 (Yee) PageK 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. ***************