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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|COMMITTEE VOTE: |6-1 |(August 26, 2014) |RECOMMENDATION: |concur |
|(Pub. S.) | | | | |
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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
AB 1276
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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 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)Require a youth offender to be considered for placement at a lower
security level than corresponds with his or her classification
score or placement in a facility that permits increased access to
programs based the ICC's review and other specified factors.
8)State if CDCR determines, based on the youth offender ICC review
that the youth offender may be appropriately placed at a lower
security level, CDCR shall transfer the youth offender to a lower
security level facility.
9)Provide if CDCR determines a youth offender may appropriately be
placed in a facility permitting increased access to program, the
youth offender shall be transferred to such a facility.
10)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.
11)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.
12)Specify if at an annual review it is determined that the youth
offender has had no serious rule violations for one year, CDCR
shall consider whether the youth would benefit from placement in a
lower level facility or placement permitting increased access to
programs.
13)Require CDCR to review and, as necessary, revise existing
regulations and adopt new regulations pursuant to these
provisions, and provide for training for staff.
14)Include legislative findings and declarations.
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15)Make the provisions of this bill operative on July 1, 2015.
AS PASSED BY THE ASSEMBLY , this bill provided a parole mechanism for
a person convicted of a non-homicide offense that was committed
before the person had attained 18 years of age.
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:
0005484