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  








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            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  








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               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
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               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  








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               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
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            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
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               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;








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             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
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           Opposition 
           
          None
           

          Analysis Prepared by  :    Meghan Masera / PUB. S. / (916)  
          319-3744