BILL ANALYSIS Ó
SB 1296
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SENATE THIRD READING
SB 1296 (Leno)
As Introduced February 21, 2014
Majority vote
SENATE VOTE :30-2
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Prohibits secured detention as a sanction for truants who
are found in contempt of court solely on the grounds of failing to
comply with a court order relating to the truancy. Specifically,
this bill :
1)Revises legislative intent language to state that minors adjudged
wards of the court solely because of truancy shall not be held in
a secure facility, except for the purposes of school attendance.
2)Enacts a new statute providing that a person under 18 years of age
shall not be detained in a secure facility, solely upon the ground
that he or she is in willful disobedience or interference with any
lawful order of the juvenile court, if the basis of an order of
contempt is the failure to comply with a court order pursuant to
truancy. Upon a finding of contempt of court, the court may issue
any other lawful order, as necessary, to ensure the minor's school
attendance.
3)Provides that, notwithstanding any other law, a court shall not
imprison, hold in physical confinement, or otherwise confine or
place in custody a minor for contempt if the contempt consists of
the minor's failure to comply with a court order relating to
truancy, if the minor was adjudged a ward of the court on the
ground that he or she is a truant? Upon a finding of contempt of
court, the court may issue any other lawful order, as necessary,
to secure the minor's attendance at school.
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EXISTING LAW :
1)Provides that the purpose of juvenile court law is to provide for
the protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen
the minor's family ties whenever possible, removing the minor from
the custody of his or her parents only when necessary for his or
her welfare or for the safety and protection of the public.
2)Provides for the jurisdiction of the juvenile court over a person
under the age of 18 who persistently or habitually refuses to obey
the reasonable and proper orders or directions of his or her
parents, guardian, or custodian, or who is beyond the control of
that person, or who violates curfew offenses, as specified.
(Welfare and Institutions Code Section 601) These types of
offenses are known generally as "status" offenses - acts that are
illegal only if committed by juveniles (typically, running away,
disobeying parents, curfew violations and truancy).
3)Provides that if a minor has four or more truancies within one
school year or a school attendance review board or probation
officer determines that the available public and private services
are insufficient or inappropriate to correct the habitual truancy
of the minor, or to correct the minor's persistent or habitual
refusal to obey the reasonable and proper orders or directions of
school authorities, or if the minor fails to respond to directives
of a school attendance review board or probation officer or to
services provided, the minor is then within the jurisdiction of
the juvenile court which may adjudge the minor to be a ward of the
court. However, it is the intent of the Legislature that no minor
who is adjudged a ward of the court pursuant solely to this
subdivision shall be removed from the custody of the parent or
guardian except during school hours."
4)Limits the detention of status offenders in any jail, lockup,
juvenile hall, or other secure facility, as specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
SB 1296
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COMMENTS : According to the author, "California has been active in
trying to stem the School to Prison Pipeline with creative school
disciplinary measures and truancy interventions. Counties around
the state have developed active School Attendance Review Boards that
work to keep youth out of the justice system, through mediation
programs for young people as well as for parents, and access to
extensive service systems that provide tutoring, mentoring, school
safety support, assessment of disabilities, alternative education
programs, transportation, and remedial services.
"As a result, incarceration for truancy has been dramatically
reduced. Still, data from 2012 and 2013 suggest that four counties
still rely upon incarceration. The vast majority of the cases
involved youth of color, and some were as young as age 12. Many
were incarcerated multiple times, raising further questions about
the effectiveness of incarceration as a sanction.
"Research on truancy has established that persistent refusal to
attend school stems from a complex series of factors that have
nothing to do with disrespect for the law. Some youth are afraid to
go to school because of bullying or gang activity. Others have
challenges at home ranging from abuse, neglect or drugs, to
situations that require the youth to stay home to care for
relatives, or help support the family. Still others are too
humiliated or frustrated to attend school because of disabilities,
intellectual limitations, or because disruptions have caused them to
fall far behind their classmates.
"Incarceration for truancy is an illusory 'solution' that actually
makes things worse. Research indicates that youth who are
incarcerated find it more difficult to complete their education and
their employability is negatively impacted. Also, while state law
requires that truants be separated from delinquent youth, the
incarceration leads many of these youths to view themselves as
criminals, and to act accordingly."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
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