BILL ANALYSIS Ó
AB 1294
Page 1
Date of Hearing: May 3, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1294 (Furutani) - As Amended: April 25, 2011
SUMMARY : Requires county juvenile probation departments,
subject to funding, to identify community reentry programs and
enroll youth offenders prior to their release from custody.
Specifically, this bill :
1)Requires a county juvenile probation department to determine
whether a youth is eligible for one or more community reentry
programs, as defined, not more than 45 days before the youth
is scheduled to be released from a facility or program
operated by a county juvenile probation department.
2)Requires a county probation department, upon determination of
eligibility, to coordinate an evaluation for enrollment and
the actual enrollment of the youth into a community reentry
program no less than 20 days before release.
3)Defines "community reentry program" as a program operated by a
nonprofit organization or a school district that serves
youthful offenders, including those identified as gang
members, former gang members, or those whose immediate family
are members of a gang, and at minimum provide all of the
following:.
a) Integrated education and job training services and
activities on an equally divided basis, with 50% of the
participants' time spent in classroom-based instruction
including vocational or technical education, counseling and
leadership instruction and 50% of the participants' time
spent in experiential job training. The education
component shall include basic skills, instruction,
secondary education services, and other activities designed
to lead to the attainment of a high school diploma or its
equivalent. The curriculum shall include math, language
arts, vocational education, technical education, life
skills training, social studies related to the cultural and
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community history of the participants, and leadership
skills.
b) Bilingual services shall be available for individuals
with limited English proficiency, and an English learning
curriculum provided where feasible and appropriate;
c) A program shall have a goal of a minimum
teacher-to-student ratio of one teacher for every 18
students;
d) The job training component may involve work experience
and skills training apprenticeships related to construction
and rehabilitation activities, as specified; and,
e) Assistance in attaining postsecondary education and in
obtaining financial aid shall be made available to
participants prior to graduation from the program.
4)Requires that the programs provide counseling services
designed to assist participants in positively participating in
society, with a goal of a minimum counselor-to-participant of
one counselor for every 28 participants. States that
counseling services shall include the following:
a) Outreach, assessment, and orientation;
b) Individual and peer counseling;
c) Life skills training;
d) Drug and alcohol abuse education and prevention; and,
e) Referral to appropriate drug rehabilitation, medical,
mental health, legal, housing, and other community services
and resources.
5)States that the program shall provide acquisition,
rehabilitation, acquisition and rehabilitation, or
construction of housing and related facilities to be used for
the purpose of providing home ownership for disadvantaged
persons, residential housing for homeless individuals and very
low income families, or transitional housing for persons who
are homeless, ill, deinstitutionalized, or who have
disabilities or special needs.
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6)States that the program shall provide participants with
leadership development skills, including decision making,
problem solving, and negotiating. The program shall encourage
participants to develop strong peer group ties that support
their mutual pursuit of skills and values.
7)Requires each program to coordinate with appropriate county
probation personnel to ensure that each enrolled youth
complies with required conditions.
8)Authorizes the California Emergency Management Agency (Cal
EMA) to make available to each county juvenile probation
department a list of programs that may meet the definition of
"community reentry program," including prior awardees of
relevant grant programs administered by Cal EMA.
9)Provides that each local juvenile probation department may
also develop its own list of eligible community reentry
programs.
10)Provides that, if the Commission on State Mandates determines
that this bill contains costs mandated by the state, local
agencies and school districts shall receive reimbursement for
those costs.
EXISTING LAW :
1)Provides, except as specified, any person who is under the age
of 18 years when he or she violates any law of California or
of the United States or any ordinance of any city or county of
California defining crime other than an ordinance establishing
a curfew based solely on age, is within the jurisdiction of
the juvenile court, which may adjudge such person to be a ward
of the court. ÝWelfare and Institutions Code (WIC) Section
602(a).]
2)Provides that a minor under the jurisdiction of the juvenile
court who is in need of protective services shall receive
care, treatment, and guidance consistent with his or her best
interest and the best interest of the public. A minor under
the jurisdiction of the juvenile court as a consequence of
delinquent conduct shall, in conformity with the interests of
public safety and protection, receive care, treatment, and
guidance that is consistent with his or her best interest,
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that holds that minor accountable for his or her behavior, and
that is appropriate for his or her circumstances. ÝWIC
Section 202(b).]
3)States that the juvenile hall shall be under the management
and control of the probation officer. (WIC Section 852.)
4)States that "probation officer" includes the juvenile
probation officer, or the person who is both the juvenile
probation officer and the adult probation officer, and any
social worker in a county welfare department or any social
worker in a California Indian tribe. ÝWIC Section 215.]
5)Except where waived, the probation officer shall be present in
court to represent the interests of each person who is the
subject of a petition to declare that person to be a ward or
dependent child upon all hearings or rehearings of his or her
case, and shall furnish to the court such information and
assistance as the court may require. If so ordered, the
probation officer shall take charge of that person before and
after any hearing or rehearing. (WIC Section 280.)
6)Provides that "probation" is defined as the suspension of the
imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer. "Conditional sentence" is
defined as the suspension of the imposition or execution of a
sentence and the order of revocable release in the community
subject to conditions established by the court without the
supervision of a probation officer. It is the intent of the
Legislature that both conditional sentence and probation are
authorized whenever probation is authorized in any code as a
sentencing option for infractions or misdemeanors. ÝPenal
Code Section 1203(a).]
7)Provides that for felonies, the probation officer shall
investigate and make a written report of his or her findings,
including his or her recommendations as to the granting and
denying of probation, and the conditions of probation if
granted. ÝPenal Code Section 1203(b)(2).]
8)Provides that the court has authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. (Penal
Code Section 1203.3(a).]
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9)States that before any sentence or term or condition of
probation is modified, a hearing shall be held in open court
before a judge. ÝPenal Code Section 1203.3(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Often young
offenders are released from incarceration with few options for
a fresh start. This bill will help match young people in
juvenile halls with effective reentry programs.
"AB 1294 requires county probation departments to identify local
reentry programs and enroll the youth even before they are
released from custody. By immediately transitioning these
youth into educational and job training programs, they will
have an opportunity to begin a productive life and avoid
future trouble with the law."
2)Background : According to the background provided by the
author, "Despite the fact that 80% of youthful offenders
commit new crimes within three years, there is no
comprehensive effort to ensure that youth exiting Division of
Juvenile Justice ÝDJJ] facilities are connected with cost
effective reentry programs upon release. According to the
Center on Juvenile and Criminal Justice, DJJ parole and
probation agents face significant obstacles to connecting
youth with programs that would assist them as they reenter the
communities in which they committed their crimes. Obstacles
include: high caseloads, no specialized training and
insufficient resources. By the time youth arrive back into
their communities, it may already be too late to establish a
meaningful connection to a program that can assist them in
their transition back into society.
"AB 1294 would address this problem by requiring county
probation departments to identify local reentry programs and
enroll the youth even before they are released from custody.
This is an evidenced-based approach to reentry, and the model
has been utilized throughout the country. It has proven
successful when tested in Fresno in 2007. According to an
official DJJ evaluation, only one of these students committed
a new offense. All 29 youth were employed for some period of
AB 1294
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their enrollment. Half of the students achieved a high school
diploma or GED equivalent after less than 12 months in the
program. Eight of the youth eventually enrolled in a
community college or university within the first year. (See
Community Reentry Challenge Grant Program Evaluation Interim
Report, Center for Public Policy Research, University of
California, Davis, March 1, 2009.)"
3)The Role of County Probation in the Juvenile Justice System :
County probation offices provide incarceration, rehabilitation
services, and community supervision to youth offenders.
Taking into account the recommendations of county probation
officers, juvenile court judges decide whether to make the
offender a ward of the court and determine the appropriate
placement and treatment for the juvenile. According to a
publication authored by the Legislative Analyst's Office in
2007, counties are responsible for 98% annually of
California's juvenile offenders, while the remaining 2% is the
responsibility of the state through DJJ. Generally, DJJ is
responsible for more serious and chronic juvenile offenders.
(.) This bill addresses the barriers to reentry faced
by the large population of youth released every year from
county-administered facilities.
4)Reducing Recidivism Through Reentry Programs : In California,
an estimated 130,000 youth are released annually from state
and county juvenile justice facilities. About 70% of youth
released from state facilities are re-arrested within two
years of release. More than one-third of those released from
county-administered facilities are rearrested within one to
two years. (California Juvenile Justice Reentry Partnership:
May 2007 Brochure.) Failure to provide support during the
transition period diminishes youths' chances of success and
increases likelihood that they will commit new crimes.
Research has shown that rehabilitative gains made within
institutional care are quickly lost without supportive
transitional services. (Office of Juvenile Justice and
Delinquency Prevention. OJJDP Model Programs Guide:
Reentry.) Youth are often released back to disorganized
communities where it is easy revert back to old habits that
resulted in arrest in the first place. To successfully
reintegrate, youth released from custody need treatment
services and jobs or education. Requiring probation
departments to enroll youth prior to their release from county
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custody will ensure that a majority of California's youthful
offenders will be referred into reentry programs, with the
goal of significantly reducing recidivism.
5)Arguments in Support : According to California YouthBuild
Coalition , "Often young offenders are released from
incarceration with few options for a fresh start. This bill
will help match young people in juvenile halls with effective
reentry programs. Despite the fact that 80% of youthful
offenders commit new crimes within three years, there is no
comprehensive effort to ensure that youth exiting Division of
Juvenile Justice facilities are connected with cost effective
reentry programs upon release. According to the Center on
Juvenile and Criminal Justice, DJJ parole and probation agents
face significant obstacles to connecting youth with programs
that would assist them as they reenter the communities in
which they committed their crimes. Obstacles include: high
caseloads, no specialized training and insufficient resources.
By the time youth arrive back into their communities, it may
already be too late to establish a meaningful connection to a
program that can assist them in their transition back into
society.
"AB 1294 would address this problem by requiring county
probation departments to identify local reentry programs and
enroll the youth even before they are released from custody.
This is an evidenced-based approach to reentry, and the model
has been utilized throughout the country. It was successfully
tested in Fresno in 2007. According to an official DJJ
evaluation, only one of these students committed a new
offense. All 29 youth were employed for some period of their
enrollment. Half of the students achieved a high school
diploma or GED equivalent after less than 12 months in the
program. Eight of the youth eventually enrolled in a
community college or university within the first year. (See
Community Reentry Challenge Grant Program Evaluation Interim
Report, Center for Public Policy Research, University of
California, Davis, March 1, 2009.) YB is pleased to sponsor
AB 1294 (Furutani) and we applaud the leadership of the
author, Assembly Member Furutani in ensuring that
cost-effective programs that reduce recidivism are available
for youth immediately upon reentering society."
6)Related Legislation : AB 1387 (Solorio) establishes the
"Rebuilding Communities and Rebuilding Lives Act of 2011,"
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which would mandate Cal EMA, to the extent that funds are
appropriated, to establish a Youthful Offender Reentry
(Cal-YOR) competitive grant program specifically targeting
offenders who will be between 16 and 23 years of age upon
their release from a local county juvenile facility, the
Department of Corrections and Rehabilitation's (CDCR) Division
of Juvenile Facilities, probation, or parole.
7)Prior Legislation :
a) AB 2200 (Solorio), of the of the 2009-10 Legislative
Session, would have established "Rebuilding Communities and
Rebuilding Lives Act of 2010," which would have mandated
CDCR, to the extend funds are appropriated, to establish a
reentry program specifically targeting offenders who will
be between 16 and 23 years of age upon their release,
parole, or discharge from either state or county custody.
AB 2200 was held on the Assembly Appropriations Committee's
Suspense File.
b) AB 1049 (Solorio), of the 2007-08 Legislative Session,
would have required CDCR to establish "Rebuilding Lives and
Communities Reentry Programs" for parolees between the ages
18 to 24 to assist parolees with community reintegration in
specified communities. AB 1049 was vetoed.
c) AB 1806 (Committee on Budget), Chapter 69, Statutes of
2006, allocated money for juvenile parolee services. AB
1806 established the Juvenile Justice Community Reentry
Challenge Grant Program to be administered by DJJ, in
consultation with the Corrections Standards Authority, to
award grants on a competitive basis to counties and
nonprofits organizations to provide specified wrap-around
services to juvenile parolees.
d) AB 161 (Bass), of the 2007-08 Legislative Session, would
have created the Collaborative Opportunities for
Rehabilitation and Employment Act for the purpose of
establishing a competitive grant program to establish and
operate re-entry services for local jail inmates. AB 161
was held on the Assembly Appropriations Committee's
Suspense File.
e) AB 38 (Nava), Chapter 372, Statutes of 2008, created Cal
EMA as an independent agency, reporting directly to the
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Governor, and vested with the duties, powers, purposes,
responsibilities, and jurisdictions previously held within
the Office of Homeland Security and the Governor's Office
of Emergency Services.
REGISTERED SUPPORT / OPPOSITION :
Support
California YouthBuild Coalition (Sponsor)
California Catholic Conference, Inc.
California Public Defenders Association
Legal Services for Prisoners with Children
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744