BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1276 (Bloom) - Youth offenders: security placement.
Amended: May 13, 2014 Policy Vote: Public Safety 4-2
Urgency: No Mandate: No
Hearing Date: June 23, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1276 would require the Department of
Corrections and Rehabilitation (CDCR) to conduct a youth
offender Institution Classification Committee (ICC) review at
reception for every youth offender less than 22 years of age, as
specified, and annually thereafter until the offender reaches 25
years of age, for placement consideration at a lower security
level facility or in a placement that permits increased access
to programming.
Fiscal Impact:
Ongoing significant costs to CDCR of about $1 million
(General Fund) for correctional counselors at five reception
centers to conduct ICC reviews for youth offenders. Costs
also include staffing for program oversight and
administration. Based on 2012 and 2013 data, approximately
4,800 offenders under age 22 are committed to CDCR adult
facilities each year.
One-time costs to CDCR potentially in excess of $50,000
(General Fund) to revise and adopt regulations pursuant to
this measure.
Unknown, potentially significant costs (General Fund) for
specialized staff training to conduct ICC reviews as
specified in this measure.
To the extent significant numbers of youth offenders are
transitioned to lower security levels and/or benefit from
additional programming afforded under this measure could
result in future cost savings in lower custody costs,
reduced recidivism, and better life outcomes for youth
offenders.
Background: Existing law generally provides a statutory
framework for remanding certain cases involving minors who are
14 years of age and older who are alleged to have committed a
crime from the juvenile court to adult criminal court, and
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further provides that notwithstanding any other provision of
law, no person under the age of 16 years shall be housed in any
facility under the jurisdiction of the CDCR.
Existing law commences the term of imprisonment upon the actual
delivery of a defendant into the custody of the CDCR and
requires the place of reception to be an institution under the
direction of the Secretary of the CDCR. Existing state
regulations require that an inmate be assigned to a facility
with a security level which corresponds to specified placement
score ranges and establishes classification committees for
making these determinations.
The findings and declarations of this measure state, "The
purpose of this act is to establish a mechanism by which the
CDCR will make individual assessments of people entering prison
under 22 years of age and classify these individuals at lower
custody level facilities whenever possible."
Proposed Law: This bill would require the CDCR to provide
special classification consideration for every youth offender
less than 22 years of age, as follows:
Defines "youth offender" as an individual committed to the
CDCR who is under 22 years of age.
Requires CDCR to conduct a youth offender Institution
Classification Committee (ICC) review at reception to provide
special classification consideration for every youth offender.
Provides that the youth offender ICC shall consist of the
staff required by CDCR regulations at any ICC, however, at
least one member shall be a CDCR staff member specially
trained in conducting the reviews.
Provides that training shall include, but not be limited to,
adolescent and young adult development and evidence-based
interviewing processes employing positive and motivational
techniques.
Provides that the purpose of the ICC is to meet with the youth
offender and assess the readiness of a youth offender for a
lower security level or placement permitting increased access
to programs and to encourage the youth offender to commit to
positive change and self-improvement.
Prohibits a youth offender from being classified at the
security level corresponding with 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.
Requires a youth offender to be classified for placement at a
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lower security level facility than corresponds with his or her
placement score or in a placement that permits increased
access to programs based on consideration various factors,
including recent in-custody behavior while housed in juvenile
or adult facilities and family or community ties supportive of
rehabilitation.
Requires CDCR to transfer a youth offender to a lower security
facility if the CDCR determines, based on the totality of the
circumstances, that the youth offender would not increase the
safety risk of the lower security level facility.
Provides that if CDCR determines that a youth offender is
ready for a housing placement permitting increased access to
programs, the youth offender shall be transferred to that
housing.
If a youth offender demonstrates he or she is a safety risk to
inmates, staff, or the public, and does not otherwise
demonstrate a commitment to rehabilitation, the youth offender
shall be reclassified and placed at a security level that is
consistent with CDCR regulations and procedures.
Requires youth offenders who are denied a lower security level
at their initial ICC reviews or who did not qualify for
placement permitting increased access to programs due to
previous incarceration history to be eligible to have their
placement reconsidered at annual reviews until reaching 25
years of age.
Requires CDCR to consider whether the offender would benefit
from lower level facility placement or placement permitting
increased access to programs if at an annual review it is
determined the offender has had no serious rule violations for
one year.
Requires the CDCR to review and, as necessary, revise existing
regulations and adopt new regulations regarding classification
determinations made pursuant to this measure, and provide for
training and staff.
Includes uncodified legislative findings and declarations.
Staff Comments: The CDCR anticipates a need for additional
staffing in order to provide the specialized classification
assessments required at reception for all inmates less than 22
years of age committed to CDCR adult facilities. Based on 2012
and 2013 data, approximately 4,800 offenders under age 22 are
committed to CDCR adult facilities each year (about 400 youth
offenders each month). Since every offender does not currently
require an ICC review at reception, and the provisions of this
bill require staff to be specially trained in conducting the
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reviews, including but not limited to adolescent and young adult
development, and evidence-based interviewing processes employing
positive and motivational techniques, the CDCR could incur
ongoing resources costs of about $1 million (General Fund) for
one additional correctional counselor at each of the five
reception centers to conduct ICC reviews. This estimate also
includes one position each for overall program oversight and
administration.
This bill requires the CDCR to review and revise existing
regulations regarding classification determinations, and provide
for training for staff. The revision and adoption of regulations
is estimated to result in one-time costs to CDCR potentially in
excess of $50,000 (General Fund). Costs for staff training in
the area of "adolescent and young adult development" are unknown
at this time, but could be in the range of $50,000 to $100,000.
Training in the area of motivational interviewing (MI), an
evidence-based positive interviewing technique that is currently
used in the CDCR juvenile facilities, is already being conducted
at CDCR and is not estimated to result in additional costs.
To the extent significant numbers of youth offenders are
transitioned to lower security levels and/or benefit from
additional programming afforded under this measure could result
in future cost savings of an unknown but potentially significant
amount in lower custody costs, reduced recidivism, and better
life outcomes for these youth offenders.
Recommended Amendments: The author may wish to consider an
amendment to delay commencement of the ICC reviews in order to
provide CDCR with sufficient time to revise regulations, acquire
the necessary resources and provide staff training to properly
conduct the ICC reviews.
The provisions of this bill require the ICC reviews to be
conducted at reception based on data of past behavior while in
custody. Prior custody could include time served in county jail,
juvenile halls, or potentially CDCR juvenile facilities. While
CDCR routinely receives prior disciplinary history and program
participation information from CDCR juvenile facilities,
information is not always transmitted by local agencies when a
youth offender is transferred from local to state custody. The
absence of this information would potentially be a significant
barrier to enabling CDCR to justifiably reclassify youth
offenders to a lower security level. The author may wish to
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consider an amendment requiring the CDCR to request this
information be transmitted by the local agency upon transfer of
the offender to state custody.
Staff also recommends the following technical amendment on page
3, in line 39: delete "youthful" and replace with "youth".