BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2005


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2005 (Ridley-Thomas)


          As Amended  August 15, 2016


          Majority vote


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          |ASSEMBLY:  |79-0  |(May 5, 2016)  |SENATE: | 36-3 |(August 17,      |
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          Original Committee Reference:  HUM. S.




          SUMMARY:  Requires the juvenile court to, among other  
          determinations it must make prior to ordering an out-of-state  
          commitment or placement for a minor adjudged a ward of the  
          court, ensure that the case plan for the minor indicates the  
          appropriateness of such a placement, as specified, and further,  
          clarifies that specified provisions related to the placement of  
          minors in certain settings shall not be construed to authorize  
          courts to commit minors to such placements in out-of-state  
          settings.


          The Senate amendments:


          1)Prohibit the court from ordering the placement of a minor who  
            is adjudged a ward of the court, as specified, in a private  








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            residential facility or program that provides 24-hour  
            supervision outside of the state unless the court finds by  
            clear and convincing evidence, among other determinations  
            required in current law, that the case plan for the minor  
            demonstrates that out-of-state placement is the most  
            appropriate and in the best interests of the minor, as  
            specified.


          2)Clarify that specified provisions related to the placement of  
            minors in juvenile homes, ranches, camps, or forestry camps  
            shall not be construed to authorize the court to commit a  
            minor to such placements outside of the state.


          3)Remove the previous version of the bill's requirements that  
            the juvenile court, prior to 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, first determine all of the following:   
            that such a commitment or placement is necessary to protect  
            the health (including the mental health) and safety of the  
            minor; that such a commitment or placement would reduce the  
            minor's likelihood of reoffending; and that no equivalent  
            juvenile home, ranch, camp, or forestry camp is available in  
            California.


          4)Make conforming technical changes.


          5)Make chaptering 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  








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            may be adjudged a ward of the court.  


          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.   



          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.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  


          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 Section 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 Section 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,  








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          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.


          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  








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            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.



          Analysis Prepared by:                               Daphne Hunt  
                          / HUM. S. / (916) 319-2089                        
                                                                            
                                                                            
                FN:  0004447