BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 177
                                                                  Page  1

          Date of Hearing:   March 15, 2011
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                 AB 177 (Mendoza) - As Introduced:  January 24, 2011
                       As Proposed to be Amended in Committee
           

          SUMMARY  :  Expands the authority of the juvenile court to order 
          the parent or guardian of a minor to attend anti-gang violence 
          parenting classes.  Specifically,  this bill  states that if a 
          minor is found to meet specified criteria and the court finds 
          that the minor is a first-time offender and orders that a parent 
          or guardian retain custody of that minor, the court may order 
          the parent or guardian to attend anti-gang violence parenting 
          classes if the court finds factors exist that may indicate gang 
          involvement or may lead to future gang involvement.

           EXISTING LAW  :

          1)States that if a minor is found to be within the jurisdiction 
            of the juvenile court by reason of the commission of a 
            gang-related offense, and the court finds that the minor is a 
            first-time offender and orders that a parent or guardian 
            retain custody of that minor, to order the parent or guardian 
            to attend anti-gang violence parenting classes.  ÝWelfare and 
            Institutions Code Section (WIC) 727.7.]

          2)Provides that the father, mother, spouse, or other person 
            liable for the support of the minor, the estate of that 
            person, and the estate of the minor are liable for the cost of 
            the classes, unless the court finds that the person or estate 
            does not have the financial ability to pay.  (WIC Section 
            727.7.)

          3)Provides when a minor is adjudged a ward of the court the 
            court may make any and all reasonable orders for the care, 
            supervision, custody, conduct, maintenance, and support of the 
            minor, including medical treatment, subject to further order 
            of the court.  To facilitate coordination and cooperation 
            among government agencies, the court may, after giving notice 
            and an opportunity to be heard, join in the juvenile court 








                                                                  AB 177
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            proceedings any agency that the court determines has failed to 
            meet a legal obligation to provide services to the minor.  
            However, no governmental agency shall be joined as a party in 
            a juvenile court proceeding in which a minor has been ordered 
            committed to the Division of Juvenile Justice.  In any 
            proceeding in which an agency is joined, the court shall not 
            impose duties upon the agency beyond those mandated by law.  
            Nothing in this section shall prohibit agencies which have 
            received notice of the hearing on joinder from meeting prior 
            to the hearing to coordinate services for the minor.  ÝWIC 
            Section 727(a).]  

          4)States, that in the discretion of the court, a ward may be 
            ordered to be on probation without supervision of the 
            probation officer.  The court, in so ordering, may impose on 
            the ward any and all reasonable conditions of behavior as may 
            be appropriate under this disposition.  ÝWIC Section 727(a).]  


          5)Provides when a minor has been adjudged a ward of the court 
            and the court finds that required notice has been given, and 
            when the court orders that a parent or guardian shall retain 
            custody of that minor either subject to or without the 
            supervision of the probation officer, the parent or guardian 
            may be required to participate with that minor in a counseling 
            or education program, including, but not limited to, parent 
            education and parenting programs operated by community 
            colleges, school districts, or other appropriate agencies 
            designated by the court.  ÝWIC Section 727(b).]

          6)The juvenile court may direct any and all reasonable orders to 
            the parents and guardians of the minor who is the subject of 
            any proceedings under this chapter as the court deems 
            necessary and proper to carry out its requirements, including 
            orders to appear before a county financial evaluation officer 
            and orders directing the parents or guardians to ensure the 
            minor's regular school attendance and to make reasonable 
            efforts to obtain appropriate educational services necessary 
            to meet the needs of the minor.  ÝWIC Section 727(c).]  

          7)When counseling or other treatment services are ordered for 
            the minor, the parent, guardian, or foster parent shall be 
            ordered to participate in those services, unless participation 
            by the parent, guardian, or foster parent is deemed by the 
            court to be inappropriate or potentially detrimental to the 








                                                                  AB 177
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            child.  ÝWIC Section 727(c).]  

           FISCAL EFFECT  :   Unknown

           COMMENTS  : 

           1)Author's Statement  :  According to the author, "As a parent and 
            a former teacher, I understand the important role parents play 
            in the lives of our youth.  The decisions we make and the 
            guidance we provide influence the path our children will take 
            in their lives.  These parenting classes will provide parents 
            a powerful tool to learn about the pressures children face in 
            our society, as well as the potential consequences if their 
            children open to door to violence and unlawful behavior." 
          
           2)Background  :  According to the National Gang Center, "Juvenile 
            delinquency is a precursor behavior to gang membership.  Put 
            otherwise, virtually all youths who join a gang Ýhave] prior 
            delinquency involvement" ().  The 
            Los Angeles Police Department cites examples of juvenile 
            delinquency or risk factors as truancy, rebellious behavior, 
            violent behavior, and so forth.  According to California's 
            official CalGang Database, there were 7,703 gangs and 223,828 
            gang members in California in 2008.  
            ().  Gang activity remains a 
            problem that needs to be addressed in California. 
          
           3)Enforcement Provision, Contempt of Court  ?  No enforcement 
            provisions are included in the bill as drafted.  Given 
            decisional law, it appears that, as drafted, if a parent fails 
            to comply with the statute, they may be held in contempt of 
            court.  The First District Court of Appeal has held that the 
            parent of a child may be compelled through contempt 
            proceedings in the reimbursement of county for support of 
            child who is ward of juvenile court.  ÝIn re Carboni (1941) 46 
            Cal App 2d 605.]  Contempt of court can result in jail time or 
            fines for failing to comply with a lawful court order.  

           4)Argument in Support  :  According to the  California Council for 
            Adult Education  (CCAE), "AB 177 expands the authority of the 
            juvenile court to order the parent of a minor to attend 
            anti-gang violence parenting classes to include a minor who 
            has been deemed a habitual truant or who is within the 
            jurisdiction of the juvenile court. 









                                                                  AB 177
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          "CCAE supports AB 177 for several reasons.  First, we were 
            supporters of your original bill, AB 1291, because, as adult 
            educators, we understand the value of knowledge and expanded 
            education to improve the lives of our citizens.  Second, 
            people that have gravitated to a gang lifestyle generally have 
            very limited educational backgrounds and are often high school 
            drop outs.  This background makes the need to educational 
            options all the more important.  AB 177 provides this option.  
            Finally, as been pointed out by law enforcement agencies, 
            juvenile delinquency is a precursor behavior to gang 
            membership.  Virtually all youth who join a gang have prior 
            delinquency involvement.  As a result, it makes complete sense 
            to expand the educational component of this anti-gang violence 
            law to parents of first time offenders where there is a reason 
            to believe the minor is prone to gang involvement.

          "The anti-gang violence curriculum that has been established in 
            the Los Angeles Unified School District, which is piloting the 
            program, covers potential jail sentences for repeat offenders 
            and local resources for help with teen drug and alcohol abuse, 
            educational issues and job training.  These are some of the 
            critical survival skills needed if gang members are to escape 
            this lifestyle."   

           5)Argument in Opposition  :  According to the  California Public 
            Defenders Association  , "AB 177 seeks to expand the list of 
            crimes for which parents can be required to attend anti-gang 
            violence prevention classes.  Current law authorizes the court 
            to order parents to attend such classes where the crime is 
            gang related and it is the minor's first offense.  This bill 
            would add a significant number of crimes, including very minor 
            crimes (such as evasion of fares on public transportation 
            systems), to the list of crimes for which the court may order 
            the parents to take these classes.  It is important to note 
            that some of these crimes are handled in informal court, where 
            there is no counsel present to advise minors or their parents 
            of their rights or the consequences of a plea or conviction.  

          "There is no evidence substantiating that any of the existing 
            anti-gang violence prevention classes provide results.  
            Further, these classes are often costly enterprises, diverting 
            money families might otherwise have expended to pay victim 
            restitution.  It is certainly appropriate for the courts to 
            provide community resource information to parents, it is quite 
            another thing to require these parents to spend time away from 








                                                                  AB 177
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            their familial or job responsibilities when there is no 
            demonstrated benefit derived from doing so."  
           
           6)Prior Legislation  :  AB 1297 (Mendoza), Chapter 457, Statutes 
            of 2007, required anti-gang violence classes for parents of 
            juveniles found in violation of specified gang-related 
            offenses.  
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees 
          California Council for Adult Education 
          California State Sheriffs' Association

          League of California Cities 

           Opposition 
           
          California Public Defenders Association 
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 
          319-3744