BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2005


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          Date of Hearing:  April 26, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          AB 2005  
          (Ridley-Thomas) - As Amended March 15, 2016


          SUBJECT:  Juveniles:  out-of-state placement


          SUMMARY:  Requires the juvenile court to make certain  
          determinations prior to ordering an out-of-state commitment or  
          placement for a minor adjudged a ward of the court.


          Specifically, this bill:  


          1)Prohibits the juvenile court from ordering the commitment or  
            placement of a minor adjudged a ward of the court, as  
            specified, in a juvenile home, ranch, camp, or forestry camp  
            outside of the state unless the court makes a determination of  
            all of the following:


             a)   Such a commitment or placement is necessary to protect  
               the health (including the mental health) and safety of the  
               minor;


             b)   Such a commitment or placement would reduce the minor's  
               likelihood of reoffending; and 









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             c)   No equivalent juvenile home, ranch, camp, or forestry  
               camp is available in California.


          2)Makes technical amendments.


          EXISTING LAW:  


          1)States that any person who is under 18 years of age when he or  
            she violates any state or federal law, with the exception of  
            certain violent crimes as specified, or city or county  
            ordinance other than an ordinance establishing an age-based  
            curfew, is within the jurisdiction of the juvenile court, and  
            may be adjudged a ward of the court.  (WIC 602)


          2)Authorizes the court to make any reasonable orders for the  
            care, supervision, custody, conduct, maintenance, and support  
            of the minor or nonminor, including medical treatment, for a  
            minor or nonminor adjudged a ward of the court, as specified.   
            (WIC 727)


          3)Authorizes the court, for certain minors adjudged a ward of  
            the court, to commit the minor to a juvenile home, ranch,  
            camp, or forestry camp, and further specifies that if no such  
            setting exists within the county, the court may commit the  
            minor to the county juvenile hall.  (WIC 730 (a)) 


          FISCAL EFFECT:  Unknown.


          COMMENTS:  










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          Wards of the court:  A child may become a ward of the court in  
          order to protect, give guidance, and punish him or her for  
          committing delinquent acts, and to protect the community.  Two  
          types of petitions may be filed to place a youth under the  
          jurisdiction of the juvenile court: a "601" petition (named for  
          the code section, WIC 601, governing jurisdiction over these  
          type of wards) is for "status offenses" - which are deemed  
          offenses based on the young age of the individual, such as  
          running away, skipping school, or regularly disobeying parents;  
          a "602" petition (named for WIC 602) states that a child has  
          committed an act that would be considered illegal had an adult  
          committed it (note that, for some felonies, a child may be tried  
          as an adult if 14 years of age or older).  If the court finds  
          the petition to be true, then the child becomes a ward of the  
          court.


          The court will then make orders for the child.  The child may,  
          under certain circumstances, be permitted to live at home or he  
          or she may be placed outside of the home in a setting based on  
          the age of, seriousness of offense committed by, and history of  
          delinquency of the child.  In some instances, for youth found to  
          have committed certain crimes, the court is authorized to commit  
          a child to a juvenile home, ranch, camp or forestry camp.


          Out-of-state placement of juvenile wards of the court:  It is  
          difficult to obtain exact figures on the number of wards of the  
          court who are placed in out-of-state settings.  According to a  
          December 2015 article by ProPublica, "? state officials struggle  
          even to keep track of how many children they've sent away.  They  
          couldn't provide a total.  Using several different sources of  
          state data, ProPublica calculated that county probation  
          departments in 2015 had some 235 children living out of state."   
          This article also pointed to a number of difficulties with these  
          out-of-state placements, including limited oversight by the  
          state of California and concerns with the treatment of youth  
          placed in some of these settings.









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          Need for this bill:  According to the author:


            "Unlike the adult criminal justice system, the juvenile  
            justice system is primarily focused on rehabilitation rather  
            than punishment.  To this end, counties and state juvenile  
            facilities provide significantly more education, treatment,  
            and counseling programs to juvenile offenders as compared to  
            adult offenders. 


            Taking into account the recommendations of probation  
            department staff, juvenile court judges decide whether to make  
            the offender a ward of the court and, ultimately, determine  
            the appropriate placement and treatment for the juvenile.   
            Placement decisions are based on such factors as the  
            juvenile's offense, prior record, criminal sophistication, and  
            the county's capacity to provide treatment. 


            Juveniles are typically placed in a county facility for  
            treatment, such as juvenile hall or camp, or supervised at  
            home.  Some juveniles are placed in out-of-state facilities.   
            In 2015, approximately 235 juveniles under the jurisdiction of  
            county probation departments were living out-of-state. 


            Placing juveniles in out-of-state facilities is counter to the  
            state's goal of rehabilitation.  To improve outcomes for  
            juveniles affected by the criminal justice system, California  
            must keep them near their family, loved ones, and support  
            networks.  According to best practices, allowing people to  
            remain close to their support network while incarcerated helps  
            their transition after release and reduces recidivism.   
            Placing a juvenile in out-of-state facilities should only be  
            used as a last resort."










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          REGISTERED SUPPORT / OPPOSITION:




          Support


          A New PATH (Parents for Addiction Treatment & Healing) 


          California Alliance for Youth and Community Justice (CAYCJ)


          California Catholic Conference 


          California Correctional Peace Officers Association


          Center on Juvenile and Criminal Justice


          Communities United for Restorative Youth Justice (CURYJ) -  
          sponsor


          Ella Baker Center for Human Rights


          Fair Change Project










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          Lawyers Committee for Civil Rights of the San Francisco Bay Area


          Legal Services for Prisoners with Children







          Opposition


          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089