BILL ANALYSIS Ó
AB 2005
Page 1
GOVERNOR'S VETO
AB
2005 (Ridley-Thomas)
As Enrolled August 30, 2016
2/3 vote
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|ASSEMBLY: |79-0 |(May 5, 2016) |SENATE: |36-3 |(August 17, |
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|ASSEMBLY: |80-0 |(August 23, | | | |
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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
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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
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
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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
may be adjudged a ward of the court. (Welfare and
Institutions Code Section (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. This bill is keyed non-fiscal by the
Legislative Counsel.
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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,
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
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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
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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GOVERNOR'S VETO MESSAGE:
I am returning Assembly Bill 2005 without my signature.
This bill creates a new evidentiary standard that must be met
before a court can accept the recommendation of a probation
department to place a juvenile in an out-of-state home or
treatment facility.
I agree that out-of-state placements should be a last resort.
In fact, the required case plan that probation must present to
the court prior to such a placement being ordered must already
show that in-state options have been exhausted or are not in the
best interest of the child.
Last year I signed the Continuum of Care Reform Initiative into
law. These reforms will drastically overhaul our system of
housing youth under state care for the better, prioritizing
in-home and smaller group placements wherever possible. Let's
give this landmark effort some time to work before we pursue
additional changes.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916)
319-2089 FN: 0005142
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