BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2390


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          Date of Hearing:  April 5, 2016
          Consultant:           Matt Dean


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                     2390 (Brown) - As Introduced  February 18, 2016




          SUMMARY:  Clarifies that juveniles eligible for an honorable  
          discharge would be automatically released from all penalties and  
          disabilities resulting from their commitment, for the Department  
          of Corrections and Rehabilitations, Division of Juvenile Justice  
          (DJJ) to certify a finding the juvenile deserves an honorable  
          discharge.  Specifically, this bill:  

          1)States that each person honorably discharged from the control  
            of either DJJ or from the control of the county probation  
            department by the juvenile court shall be released from all  
            penalties or disabilities resulting from the offenses for  
            which they were committed.

          2)Prohibits honorably discharged individuals from being either  
            admitted to take a peace officer examination or becoming peace  
            officers if, unless otherwise prohibited by law, less than  
            five years have passed since the individual was discharged,  
            the individual has been convicted of a non-traffic misdemeanor  
            or any felony, or the individual is currently under the  
            control of DJJ or a county probation department.

          3)Requires DJJ, upon final discharge, to immediately certify the  
            discharge or dismissal in writing and transmit the certificate  








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            to the court by which the person was committed.

          4)Requires the court with jurisdiction over a discharged  
            juvenile to dismiss the accusation and pending action against  
            the discharged juvenile upon receipt of the DJJ's certificate.

          5)Lists the penalties and disabilities from which the honorably  
            discharged individual as including but not limited to any  
            disqualification for any employment or occupational license,  
            or both, unless otherwise prohibited.

          6)Entitles every person honorably discharged to petition the  
            court to set aside the verdict of guilty.

          7)States that honorably discharged individuals are subject to  
            prohibitions on ownership of firearms for specified offenses,  
            including but not limited to violent offenses and drug crimes.

          8)Allows convictions pursuant to specified serious juvenile  
            offenses to be admissible as evidence if:  the individual was  
            16 years of age or older at the time they committed the  
            offense, the person was found unfit to be dealt with under  
            juvenile court law, and the person was committed to DJJ for  
            the offense for which they were found unfit.

          9)States that a conviction for which an individual received an  
            honorable discharge may still be used as a punishment  
            enhancement for a subsequent offense.

          10)States that a conviction of a person who is 18 years of age  
            or older at the time he or she committed the offense is  
            admissible in a subsequent civil, criminal or juvenile  
            proceeding, if otherwise admissible.

          11)Requires every person discharged from control of the DJJ or  
            county probation department by the juvenile court to be  
            informed of the provisions of this section in writing.

          12)Defines "honorably discharged" as meaning and including every  
            person whose discharged is based upon a good record on  
            supervised release.









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          EXISTING LAW:  

          1)Defines "honorable discharge" as meaning and including "every  
            person whose discharge is based upon a good record on parole."  
             (Welf. & Inst. Code, §§ 1772, subd. (b), 1176, 1177, 1178 and  
            1179.) 

          2)States that juveniles committed for certain specified offenses  
            are not eligible for honorable discharge.  These offenses  
            include all of the following:

             a)   Murder;

             b)   Arson, as specified;

             c)   Robbery;

             d)   Rape with force, violence, or threat of great bodily  
               harm;

             e)   Sodomy by force, violence, duress, menace, or threat of  
               great bodily harm;

             f)   A lewd or lascivious act on a child;

             g)   Oral copulation by force, violence, duress, menace, or  
               threat of great bodily harm;

             h)   Sexual penetration;

             i)   Kidnapping for ransom, purposes of robbery, or with  
               bodily harm;

             j)   Attempted murder;

             aa)  Assault with a firearm or destructive device or by any  
               means of force likely to produce great bodily injury;

             bb)  Discharge of a firearm into an inhabited or occupied  
               building;









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             cc)  Specified crimes against persons over 60 years of age;

             dd)  Specified firearms offenses in commission of a felony;

             ee)  Dissuading a witness;

             ff)  Manufacturing, compounding, or selling one-half ounce or  
               more of a salt or solution of a controlled substance;

             gg)  A violent felony;

             hh)  Escape, by the use of force or violence, from a county  
               juvenile hall, home, ranch, camp, or forestry camp if great  
               bodily injury is intentionally inflicted upon an employee  
               of the juvenile facility during the commission of the  
               escape;

             ii)  Torture as described;

             jj)  Aggravated mayhem, as described;

             aaa) Carjacking, as described, while armed with a dangerous  
               or deadly weapon;

             bbb) Kidnapping for purposes of sexual assault;

             ccc) Kidnapping;

             ddd) Permitting a loaded firearm in a motor vehicle;

             eee) Igniting an explosive device, as specified; or

             fff) Voluntary manslaughter.  (Welf. & Inst. Code, § 1772;  
               Pen. Code, § 707, subd. (b).)

          3)Requires the Youth Advisory Board to discharge juveniles from  
            their control, to certify the discharge and to notify the  
            court in writing of the discharge. (Welf. & Inst. Code, §§  
            1179, 1772.) 

          4)Transfers jurisdiction over juveniles on supervised release  
            from the Youth Advisory Board to county probation departments  








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            and local juvenile courts.  (Welf. & Inst. Code, §§ 607.1,  
            1766 and 1766.01.)

          5)Holds that the current law provides no mechanism by which the  
            DJJ may find and certify an honorable discharge for juveniles  
            under the control of local probation departments and the local  
            juvenile court.  (In re J.S., 237 (2015) Cal.App.4th 452.)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "AB 2390 would  
            re-establish the 'honorable discharge' program that was  
            inadvertently eliminated by 2010 Budget Trailer Bill language.  
             The inability to earn an honorable discharge means these  
            youths' criminal record stays with them, disqualifying them  
            from employment opportunities and occupational licensing  
            requirements.  The inadvertent elimination of this program  
            also has removed a valuable anti-recidivism tool and incentive  
            to keep youth crime-free while on probation. Without honorable  
            discharge status, the record of even rehabilitated youth will  
            follow them as they try to make it in the outside world."

          2)Corrects an Inadvertent Error in 2010 DJJ Realignment:  In a  
            2010, most of the authority for the discharge of juveniles was  
            transferred from DJJ to local juvenile courts.  Local juvenile  
            courts now release juveniles from the control of the county  
            probation department except in the limited instances where the  
            DJJ maintains this responsibility.  Either the juvenile court  
            or DJJ can find the juvenile eligible for honorable, general  
            or dishonorable discharge, depending on their behavior while  
            incarcerated. 

          Prior to DJJ realignment, DJJ could find the juvenile eligible  
            for an honorable discharge, releasing the juvenile from any  
            penalties and disabilities resulting from their conviction.   
            Upon DJJ making an honorable discharge determination, courts  
            were required to automatically release the juvenile from the  
            penalties and disabilities resulting from their conviction.   
            After realignment, the court found the statutory scheme was  
            missing a mechanism for local probation departments or the  








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            courts to make an honorable discharge finding, although the  
            court admitted this was likely an inadvertent error by the  
            Legislature.

          Specifically, in In re J.S., 237 (2015) Cal.App.4th 452, the  
            California Court of Appeal for the Sixth District found that  
            courts have the discretion to release juveniles from all  
            penalties and disabilities resulting from their conviction.   
            As a result, the court thought the remedy of fixing the  
            Legislature's mistake would be improper, due to the  
            availability of multiple mechanisms for fixing this oversight  
            and the ability for juveniles to apply to the court for the  
            same relief they were previously granted automatically.

          This bill fixes the Legislature's inadvertent omission by  
            providing a mechanism by which an honorable discharge may be  
            determined and then requiring the courts to once again  
            automatically release juveniles from all penalties and  
            disabilities resulting from their conviction upon such a  
            determination. 

          3)Argument in Support:  According to the California Conference  
            of Bar Associations, "AB 2390 will enable juvenile offenders  
            with good records on supervised probation to once again obtain  
            honorable discharge status, enabling them to clear their  
            records.  This authority was inadvertently eliminated by the  
            Legislature in 2010, and must be restored by statutory  
            amendment. 

          "Prior to 2011, youthful offenders committed to the California  
            Youth Authority could earn an honorable discharge by meeting  
            behavioral and treatment program expectations, including  
            paying off court-ordered restitution. Under this system, a  
            juvenile who successfully completed parole after custody, and  
            had shown an 'ability for honorable self-support' in the view  
            of the Youthful Offender parole board, received an 'honorable  
            discharge' that removed all future penalties attached to the  
            crimes. If youths do not have access to honorable discharge,  
            their criminal record stays with them and they may be  
            disqualified from employment opportunities and occupational  
            licensing requirements.  









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          "In 2010, the Legislature enacted AB 1628, the Corrections  
            Budget Trailer Bill for that year. Among the bill's many  
            provisions were those establishing "Juvenile Parole  
            Realignment." Like regular Realignment, which shifted  
            responsibility for incarcerating lower-level felons in county  
            jails, Juvenile Parole Realignment shifted responsibility for  
            the supervision of offenders released from state juvenile  
            facilities from the state Juvenile Parole Board to county  
            probation departments. However, the amended law failed to  
            authorize anyone at the local level to issue honorable  
            discharges pursuant to Welfare and Institutions Code §1772 and  
            §1179.  This oversight effectively rendered the honorable  
            discharge program de facto inoperable.

          "Courts that have confronted the issue have acknowledged that  
            the removal of this authority was inadvertent, but have stated  
            that the problem must be fixed by corrective statutory  
            amendment (see In re J.S., 237 Cal.App.4th 452 (2015).

          "The inability to earn an honorable discharge prevents  
            rehabilitated youth from obtaining the necessary employment  
            they need to earn a living and a valuable anti-recidivism tool  
            has been removed as an incentive to keep youth crime free  
            while on probation. Without honorable discharge status, the  
            record of even rehabilitated youth will follow them as they  
            try to make it in the outside world."

          4)Prior Legislation:  AB 1628 (Committee on Budget), Chapter  
            729, Statutes of 2010, transferred the majority of  
            responsibility for supervised release of juveniles from DJJ to  
            local courts and county probation departments.

          REGISTERED SUPPORT / OPPOSITION:

          Support
          
          Conference of California Bar Associations (Sponsor)
          Anti-Recidivism Coalition
          California Attorneys for Criminal Justice
          California Public Defenders Association

          Opposition








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          None  

          Analysis Prepared  
          by:              Matt Dean / PUB. S. / (916) 319-3744