BILL ANALYSIS Ó AB 2005 Page 1 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 AB 2005 Page 2 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: AB 2005 Page 3 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. AB 2005 Page 4 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." AB 2005 Page 5 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 AB 2005 Page 6 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