BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1276
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1276 (Bloom)
        As Amended  August 18, 2014
        Majority vote
         
         ---------------------------------------------------------------------- 
        |ASSEMBLY: |47-27|(May 30, 2013)  |SENATE: |22-10|(August 20, 2014)    |
        |          |     |                |        |     |                     |
         ---------------------------------------------------------------------- 
          
         
         ----------------------------------------------------------------------- 
        |COMMITTEE VOTE:  |6-1  |(August 26, 2014) |RECOMMENDATION:  |concur    |
        |(Pub. S.)        |     |                  |                 |          |
         ----------------------------------------------------------------------- 

        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
                                                                Page  2

          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.








                                                                AB 1276
                                                                Page  3


        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