BILL ANALYSIS Ó
AB 1276
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1276 (Bloom)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |47-27|(May 30, 2013) |SENATE: |22-10|(August 20, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to conduct a youth offender Institutional
Classification Committee (ICC) review at reception to provide
special classification consideration for every youth offender.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Provide that the purpose of this bill is to establish a
mechanism by which 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.
2)Require CDCR to conduct a youth offender ICC review at
reception to provide special classification consideration for
every youth offender.
3)Define a "youth offender" as an individual committed to CDCR
who is under 22 years of age.
4)State 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.
5)Provide that the training shall include, but not be limited
to, adolescent and young adult development and evidence-based
interviewing processes employing positive and motivational
techniques.
6)State that the purpose of the youth offender ICC review is to
meet with the youth offender and assess the readiness of a
AB 1276
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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.
7)Prohibit the 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.
8)Require a youth offender to be classified for placement at a
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 of specified
factors.
9)State that CDCR shall transfer a youth offender to a lower
security level facility if 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.
10)State if CDCR determines a youth offender is ready for a
housing placement permitting increased access to programs, the
youth offender shall be transferred to that housing.
11)Provide if the 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 department regulations and
procedure.
12)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.
13)Specify if at an annual review it is determined that the
youth offender has had no serious rule violations for one
year, the department shall consider whether the youth would
benefit from placement in a lower level facility or placement
permitting increased access to programs.
14)Require CDCR to revise existing regulations and adopt new
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regulations pursuant to these provisions, as necessary.
15)Include legislative findings and declarations.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)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.
2)One-time costs to CDCR potentially in excess of $50,000
(General Fund) to revise and adopt regulations pursuant to
this measure.
3)Unknown, potentially significant costs (General Fund) for
specialized staff training to conduct ICC reviews as specified
in this measure.
4)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.
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved version of this bill was deleted. This
bill, as amended in the Senate, is inconsistent with Assembly
actions and the provisions of this bill, as amended in the
Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by : Stella Choe / PUB. S. / (916)
319-3744FN: 0005001