AB 1276, as amended, Bloom. Youth offenders: security placement.
Existing law begins the term of imprisonment upon the actual delivery of a defendant into the custody of the Secretary of the Department of Corrections and Rehabilitation and requires the place of reception to be an institution under the direction of the Secretary. Existing regulations require that an inmate be assigned to a facility with a security level
begin delete whichend delete corresponds to specified placement score ranges and establishes classification committees for making these determinations.
This bill would
begin delete prohibit a youth offender, as defined, from being classified at the security level corresponding to his or her placement score if his or her in-custody behavior
indicates he or she can be safely placed at a lower security level. The bill wouldend delete require the department to conduct a youth offender Institutional Classification Committee review at reception to provide special classification consideration for every youth offender. The bill would require the department to begin delete houseend delete a youth offender at a lower security level begin delete facility thatend delete corresponds with his or her begin delete placementend delete begin delete score if the department determines that it can safely do so.end delete The bill would require the department to begin delete placeend delete a youth offender begin delete in a housing placement that permits increased access to programs if the department determines that a youth offender is ready for that placement.end delete
The bill would require that a youth offender who is denied a lower security level and is placed in the highest security level to be eligible to have his or her placement reconsidered at his or her annual review until age 25. The bill would require the department to revise existing regulations and adopt new regulations pursuant to these provisions, as necessary.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
3(1) As stated by the United States Supreme Court in Miller v.
4Alabama (2012) 132 S.Ct. 2455, “only a relatively small proportion
5of adolescents” who engage in illegal activity “develop entrenched
6patterns of problem behavior,” and “developments in psychology
7and brain science continue to show fundamental differences
8between juvenile and adult minds,” including “parts of the brain
9involved in behavior control.”
10(2) Important neurological and developmental changes are
11occurring in people who are in their late teens through early
12adulthood. The Legislature recognizes that these factors enhance
13the prospect that, as development progresses and youth mature
14into adults, these individuals can become contributing members
P3 1(3) One purpose of incarceration is rehabilitation, and young
2adults can be especially influenced by positive or negative models.
begin deleteThere are often negative influences at higher custody level Amenable young
adults incarcerated in state prisons
7facilities. end delete
8should have access to programs and living circumstances that
9increase the likelihood of rehabilitation during these important
10 developmental stages.
11(b) The purpose of this act is to establish a mechanism by which
12the Department of Corrections and Rehabilitation will make
13individual assessments of people entering prison under 22 years
14of age and classify these individuals at lower custody level facilities
Section 2905 is added to the Penal Code, to read:
(a) For purposes of this section, a “youth offender” is
18an individual committed to the Department of Corrections and
19Rehabilitation who is under 22 years of age.
20(b) (1) The department shall conduct a youth offender Institution
21Classification Committee review at reception to provide special
22classification consideration for every youth offender. The youth
23offender Institutional Classification Committee shall consist of
24the staff required by department regulations at any Institutional
25Classification Committee, however at least one member shall be
26a department staff member specially trained in conducting the
27reviews. Training shall include, but not be limited to, adolescent
28and young adult development and evidence-based interviewing
29processes employing positive and motivational techniques.
30(2) The purpose of the youth offender Institutional Classification
31Committee review is to meet with the youth offender and assess
32the readiness of a youth offender for a lower security level or
33placement permitting increased access to programs and to
34encourage the youth offender to commit to positive change and
begin delete A youth offender shall not be classified at the
36security level corresponding with his or her placement score if his
37or her in-custody behavior indicates he or she can be safely placed
38at a lower security level.end delete
begin delete youthfulend delete offender shall be begin delete classifiedend delete for
40placement at a lower security level
begin delete facilityend delete than corresponds with
P4 1his or her
begin delete placementend delete score or begin delete in aend delete placement that permits increased access to programs based on
begin delete consideration of all of the following factors:end delete
6(1) Recent in-custody behavior while housed in juvenile or adult
8(2) Demonstrated efforts of progress toward self-improvement
9in juvenile or adult facilities.
10(3) Family or community ties supportive of rehabilitation.
11(4) Evidence of commitment to working
begin delete towardsend delete
12 self-improvement with a goal of being a law-abiding member of
13society upon release.
begin deleteThe department shall transfer a youth offender to a lower the department determines, based on the
15security level facility if end delete
begin delete totality of the circumstances,end delete that the youth offender begin delete would not increase the safety risk If the department determines a youth offender
18of the lower security level facility.end delete
begin delete is ready
24for a housing placementend delete
25 permitting increased access to programs, the youth offender shall
26be transferred to
begin delete that housing. Ifend delete
27 the youth offender demonstrates he or she is a safety risk
28to inmates, staff, or the public, and does not otherwise demonstrate
29a commitment to rehabilitation, the youth offender shall be
30reclassified and placed at a security level that is consistent with
31department regulations and procedures.
33 A youth offender who at his or her initial Youth Offender
34Institutional Classification Committee review is denied a lower
35security level than corresponds with his or her placement score or
36did not qualify for placement permitting increased access to
37programs due to previous incarceration history and was placed in
38the highest security level shall nevertheless be eligible to have his
39or her placement reconsidered pursuant to subdivisions (b) to (d),
40inclusive, at his or her annual review until reaching 25 years of
P5 1age. If at an annual review it is determined that the youth offender
2has had no serious rule violations for one year, the department
3shall consider whether the youth would benefit from placement in
4a lower level facility or placement permitting increased access to
7 The department shall review and, as necessary, revise
8existing regulations and adopt new regulations regarding
9classification determinations made pursuant to this section, and
10provide for training for staff.