BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2011-2012 Regular Session               B

                                                                     2
                                                                     2
                                                                     0
          AB 220 (Solorio)                                            
          As Amended June 29, 2011 
          Hearing date:  July 5, 2011
          Welfare and Institutions Code
          AA:dl

                                   JUVENILE JUSTICE:

                                 INTERSTATE COMPACT  


                                       HISTORY

          Source:  Author

          Prior Legislation: AB 1053 (Solorio) - Ch. 268, Stats. 2009

          Support: Unknown

          Opposition:None known

          Assembly Floor Vote:  N/A


                                         KEY ISSUE
           
          SHOULD THE SUNSET FOR THE INTERSTATE COMPACT FOR JUVENILES BE 
          EXTENDED FROM JANUARY 1, 2012 TO JANUARY 1, 2014?


                                       PURPOSE

          The purpose of this bill is to extend the January 1, 2012 sunset 




                                                                     (More)






                                                           AB 220 (Solorio)
                                                                     Page 2



          on the Interstate Compact for Juveniles two years, to January 1, 
          2014.

           Current law  sets for the Interstate Compact for Juveniles, which 
          generally provides for specified matters concerning juvenile 
          offenders, especially with respect to overseeing, supervising, 
          and coordinating the interstate movement of juveniles subject to 
          the terms of this compact, as specified.  (Welfare and 
          Institutions Code § 1400 et seq.)

          Current law  sunsets these provisions on January 1, 2012, as 
          specified.

           This bill  would extend this sunset to January 1, 2014.


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          For the last several years, severe overcrowding in California's 
          prisons has been the focus of evolving and expensive litigation. 
           As these cases have progressed, prison conditions have 
          continued to be assailed, and the scrutiny of the federal courts 
          over California's prisons has intensified.  

          On June 30, 2005, in a class action lawsuit filed four years 
          earlier, the United States District Court for the Northern 
          District of California established a Receivership to take 
          control of the delivery of medical services to all California 
          state prisoners confined by the California Department of 
          Corrections and Rehabilitation ("CDCR").  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 January 12, 2010, a 
          three-judge federal panel issued an order requiring California 
          to reduce its inmate population to 137.5 percent of design 
          capacity -- a reduction at that time of roughly 40,000 inmates 
          -- within two years.  The court stayed implementation of its 
          ruling pending the state's appeal to the U.S. Supreme Court.  





                                                                     (More)






                                                           AB 220 (Solorio)
                                                                     Page 3



          On May 23, 2011, the United States Supreme Court upheld the 
          decision of the three-judge panel in its entirety, giving 
          California two years from the date of its ruling to reduce its 
          prison population to 137.5 percent of design capacity, subject 
          to the right of the state to seek modifications in appropriate 
          circumstances.  
           
          In response to the unresolved prison capacity crisis, in early 
          2007 the Senate Committee on Public Safety began holding 
          legislative proposals which could further exacerbate prison 
          overcrowding through new or expanded felony prosecutions.     

           This bill does not to aggravate the prison overcrowding crisis 
          described above.





























                                                                     (More)










                                          
          
                                      COMMENTS

          1.  Background; What This Bill Would Do

           In a report dated January 2011, the Corrections Standards 
          Authority issued a report on California's membership in the 
          Interstate Compact for Juveniles.  The report stated in part:

                    The Interstate Compact for Juveniles (ICJ) is a 
                    multi-state agreement governing the supervision 
                    of delinquent juveniles in jurisdictions other 
                    than their home states and procedures for the 
                    return to their home states of juveniles who 
                    have run away, absconded and/or escaped from 
                    juvenile homes or treatment facilities in other 
                    than their home states. Enabled by the Federal 
                    Crime Control Act, 4 U.S.C. Section 112 (1965), 
                    this compact is authorized and encouraged for 
                    cooperative efforts and mutual assistance in the 
                    prevention of crime. . . .

               . . .

               Based on these and other considerations, the Executive 
               Steering Committee reached three overarching 
               conclusions: 

                           California should join the ICJ and 
                    establish the required State Council as soon as 
               possible. 
                           The State Council - or the ESC if the 
                    change of state administrations appears likely to 
                    result in a significant delay in appointing 
                    members to the State Council - should begin 
                    immediately to evaluate major issues and review 
                    existing ICJ rules to determine whether it is in 
                    California's best interests to remain in the ICJ 
                    permanently after the January 1, 2012 sunset of 




                                                                     (More)






                                                           AB 220 (Solorio)
                                                                     Page 5



                    Chapter 268. 

                           It is imperative that all court officers 
                    - judges, prosecutors and defense attorneys - and 
                    probation and parole personnel who are or may be 
                    involved in the interstate movement of California 
                    juveniles be provided ongoing training in the 
                    provisions of the ICJ. 

          This bill would extend the sunset on the ICJ for two years.



                                   ***************