BILL ANALYSIS                                                                                                                                                                                                    



                                                                  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