BILL ANALYSIS SCR 40 Page 1 Date of Hearing: May 4, 2010 Counsel: Meghan Masera ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair SCR 40 (Yee) - As Introduced: April 29, 2009 SUMMARY : Acknowledges the role that substance abuse plays in the lives of juvenile offenders and sets forth the rights of all juveniles in the juvenile justice system. In addition, this resolution urges all facilities in the state that house wards to adopt these rights into the regulations and common practices of the facility. Specifically, this bill : 1)Recognizes that substance abuse plays a role in the lives of up to 80% of juveniles in juvenile justice systems across the United States and although 44% of juveniles arrested nationally meet clinical criteria for a substance abuse disorder requiring medical treatment, only 3.6% receive any form of substance abuse treatment. 2)Recognizes that up to 75% of all incarcerated juveniles nationally have some diagnosable mental health disorder, yet mental health services remain scarce. 3)Recognizes that at least 30% of adults in prison for felony crimes nationally were incarcerated as juveniles and if treatment options are successful in only 12% of cases nationally, reducing the population of adult prisoners with juvenile records by the same amount would create annual savings of $18 billion, as well as reducing overall crime. Rather than spend more than $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. 4)Recognizes that with comprehensive screening and appropriate care, the needs of juveniles can be identified while maintaining the safety of the community, and juvenile recidivism rates will drop and more youth can become SCR 40 Page 2 productive, healthy, and law-abiding members of society. 5)Resolves that all juveniles in the juvenile justice system should have the following rights: a) Right to Rehabilitation: In the handling of each juvenile case, California 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. b) 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. c) 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. d) Right to Family and Social Services: All juveniles in the system should have services to improve family and social functioning. e) 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. f) 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. g) 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. h) Right to Safety and Security: All juveniles in the system have the right to be housed in safe, dedicated SCR 40 Page 3 juvenile facilities, to be kept free from any form of abuse, including protection from disproportionate means and the use of force. i) Right to Counsel: All juveniles in the system have the right to free, competent counsel at all stages of proceedings. j) 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. aa) Right to Evidence-Based Practice: California should track and evaluate the effectiveness of treatment and assessments over time to ensure that the means employed are scientifically supported and improved. bb) Right to Speedy Review: All juveniles in the system have the right to have their cases processed fairly and quickly. 6)States that none of the aforementioned rights shall abridge or abrogate any other recognized rights, entitlements, or privileges enjoyed by those in whom these rights are vested. 7)Requires the Secretary of the Senate to transmit copies of this resolution regarding juvenile justice rights and rehabilitation to the Chief Deputy Secretary for the Division of Juvenile Facilities (DJF); 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. EXISTING LAW : 1)Declares that all youth confined in a facility of the California Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Facilities shall have the following rights [Welfare and Institutions Code (WIC) Section 224.71]: a) To live in a safe, healthy, and clean environment SCR 40 Page 4 conducive to treatment and rehabilitation and where they are treated with dignity and respect; b) To be free from physical, sexual, emotional, or other abuse, or corporal punishment; c) To receive adequate and healthy food and water, sufficient personal hygiene items, and clothing that is adequate and clean; d) To receive adequate and appropriate medical, dental, vision, and mental health services; e) To refuse the administration of psychotropic and other medications consistent with applicable law or unless immediately necessary for the preservation of life or the prevention of serious bodily harm; f) To not be searched for the purpose of harassment or humiliation or as a form of discipline or punishment; g) To maintain frequent and continuing contact with parents, guardians, siblings, children, and extended family members, through visits, telephone calls, and mail; h) To make and receive confidential telephone calls, send and receive confidential mail, and have confidential visits with attorneys and their authorized representatives, ombudspersons and other advocates, holders of public office, state and federal court personnel, and legal service organizations; i) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status; j) To have regular opportunity for age-appropriate physical exercise and recreation, including time spent outdoors; aa) To contact attorneys, ombudspersons and other advocates, and representatives of state or local agencies, regarding SCR 40 Page 5 conditions of confinement or violations of rights, and to be free from retaliation for making these contacts or complaints; bb) To participate in religious services and activities of their choice; cc) To not be deprived of any of the following as a disciplinary measure: food, contact with parents, guardians, or attorneys, sleep, exercise, education, bedding, access to religious services, a daily shower, a drinking fountain, a toilet, medical services, reading material, or the right to send and receive mail; dd) To receive a quality education that complies with state law, to attend age-appropriate school classes and vocational training, and to continue to receive educational services while on disciplinary or medical status; ee) To attend all court hearings pertaining to them; ff) To have counsel and a prompt probable cause hearing when detained on probation or parole violations; and, gg) To make at least two free telephone calls within an hour after initially being placed in a DJR facility following an arrest. 2)Mandates that every DJF facility shall provide each youth who is placed in the facility with an age and developmentally appropriate orientation that includes an explanation and a copy of the rights of the youth, and that addresses the youth's questions and concerns. Each DJF facility shall post a listing of the rights in a conspicuous location. In addition, a copy of the rights of the youth shall be included in orientation packets provided to parents or guardians of wards. Copies of the rights of youth in English, Spanish, and other languages shall also be made available in the visiting areas of division facilities and, upon request, to parents or guardians. (WIC Section 224.72.) 3)Stipulates that all DJF facilities shall ensure the safety and dignity of all youth in their care and shall provide care, placement, and services to youth without discriminating on the basis of actual or perceived race, ethnic group SCR 40 Page 6 identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (WIC Section 224.73.) 4)Provides that DJF's Office of the Ombudspersons shall do all of the following (WIC Section 224.74): a) Disseminate information on the rights of children and youth in DJF's custody; b) Investigate and attempt to resolve complaints made by or on behalf of youth in DJF's custody related to their care, placement, or services, or in the alternative, refer appropriate complaints to another agency for investigation; c) Notify the complainant in writing of the intention to investigate or the decision to refer the complaint to another agency within 15 days of receiving the complaint. If the office declines to investigate a complaint, the office shall notify the complainant of the reason for this decision; d) Update the complainant on the progress of the investigation and notify the complainant in writing of the final outcome, steps taken during the investigation, basis for the decision, and any action to be taken as a result of the complaint; e) Document the number, source, origin, location, and nature of complaints; f) Provide a toll-free telephone number for the DJF's Office of the Ombudspersons; and, g) Compile and make available to the Legislature and the public all data collected over the course of the year, including, but not limited to, the number of contacts to the toll-free telephone number, the number of complaints made, the number of investigations performed by the office, the number of referrals made, the issues complained about, the number of sustained complaints, the actions taken as a result of sustained complaints, and the number of unresolved complaints, including the reasons the complaints could not be resolved. SCR 40 Page 7 FISCAL EFFECT : None COMMENTS : 1)Author's Statement : According to the author, "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 a 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. "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 appropriate services for a much lower public cost. "Based on extensive research, this resolution urges CDCR's Division of Juvenile Justice and county facilities to join other states in adopting the guidelines set by the National Center on Addiction and Substance Abuse (CASA) at Columbia University. "This resolution urges California to provide: a) "A comprehensive assessment of each juvenile's substance use, medical and mental health, education and family issues SCR 40 Page 8 that may be linked to the delinquency; b) "Effective, evidence-based treatment services for substance abuse problems and disorders as well as health issues, based on the comprehensive assessment; c) "A public education, including special education, which meets criteria as established by the state education department; d) "Services to improve family and social functioning; e) "Appropriate aftercare to support successful reentry into the community; f) "Housing in safe, dedicated juvenile facilities, and to be kept free from any form of abuse, including protection from disproportionate means and the use of force; g) "Evidence-based practices that track and evaluate the effectiveness of treatment and assessments over time to ensure that the means employed are scientifically supported and improved. h) "This resolution urges California to join other states nationwide in adopting comparable, proven standards for the management of our 51 juvenile justice systems." 2)National Center in Addiction and Substance Abuse Recommendations : In 2004, CASA at Columbia University performed a study on the impact of substance abuse on juvenile offenders and how the nation's juvenile justice systems deal with these offenders and issued a report, "Criminal Neglect: Substance Abuse, Juvenile Justice and The Children Left Behind." Juvenile justice systems were created for juvenile offenders who are generally 10- to 17-years old; however, most cases referred to juvenile courts (57.7%) involve children age 15 and younger. The study is based on 2000 data, the latest available in sufficient detail to permit this in-depth analysis. The report's key findings included: a) "Four of every five children and teens (78.4 percent) in juvenile justice systems - 1.9 of 2.4 million arrests of SCR 40 Page 9 10- to 17-year olds - are under the influence of alcohol or drugs while committing their crime, test positive for drugs, are arrested for committing an alcohol or drug offense, admit having substance abuse and addiction problems, or share some combination of these characteristics. b) "Of the 1.9 million arrests of juvenile offenders with substance abuse and addiction problems, only about 68,600 juveniles - 3.6 percent - receive any form of substance abuse treatment. Mental health services are scarce and most education programs do not meet even minimum state educational criteria. As a result of their failure to address these problems, juvenile justice systems, originally conceived as institutions to help young offenders get on the path to law-abiding lives, have become colleges of criminality, paving the way to further crimes and adult incarceration for many graduates. At least 30 percent of adults in prison for felony crimes were incarcerated as juveniles." The Report calls for an overhaul of the way juvenile offenders are treated. Children entering juvenile justice systems should be assured that they receive a comprehensive assessment in order to determine their needs and to divert juveniles from further substance use and crime by providing appropriate treatment and other needed services. To accomplish these goals, CASA recommends: a) Creation of a Model Juvenile Justice Code, setting forth standards of practice and accountability for states in handling juvenile offenders; b) Training all juvenile justice system staff - law enforcement, juvenile court judges and other court personnel, prosecutors and defenders, correctional and probation officers - to recognize substance-involved offenders and know how to deal with them; c) Diversion of juvenile offenders from deeper involvement with juvenile justice systems through such promising practices as comprehensive in-home services, juvenile drug courts and other drug treatment alternatives to incarceration which assure comprehensive services as well as accountability; SCR 40 Page 10 d) Treatment, health care, education and job training programs, including spiritually based programs, should be available to juveniles who are incarcerated; e) Development of a state and national data system through which California can establish a baseline and judge progress in meeting the many needs of these children; and, f) Expansion of grant programs of the United States Office of Juvenile Justice and Delinquency Prevention that provide federal funds to states and localities, conditioning grants under such programs on providing appropriate services to juvenile offenders. 3)Arguments in Support : According to the California Teachers Association , "This measure urges that the rights of juveniles in the juvenile justice system be honored in each facility housing them, thereby striving to change the environments that can lead to a perpetual life of crime and injustice." 4)Prior Legislation : a) SB 1250 (Yee), Chapter 522, Statutes of 2008, established the Family Communications and Youth Rehabilitation Act of 2008, which affords wards the right to have their families notified in certain situations and allows them more communication with family and clergy. b) SB 518 (Migden), Chapter 649, Statutes of 2007, established the Youth Bill of Rights and requires all DJF facilities to provide care, placement, and services to youth in their custody without discriminating on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. REGISTERED SUPPORT / OPPOSITION : Support California Public Defenders Association California Teachers Association SCR 40 Page 11 Opposition None Analysis Prepared by : Meghan Masera / PUB. S. / (916) 319-3744