BILL ANALYSIS Ó AB 2005 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2005 (Ridley-Thomas) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 5, 2016) |SENATE: | 36-3 |(August 17, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 2005 Page 2 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 AB 2005 Page 3 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, AB 2005 Page 4 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 AB 2005 Page 5 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