BILL ANALYSIS Ó AB 2390 Page 1 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 AB 2390 Page 2 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. AB 2390 Page 3 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; AB 2390 Page 4 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 AB 2390 Page 5 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 AB 2390 Page 6 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. AB 2390 Page 7 "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 AB 2390 Page 8 None Analysis Prepared by: Matt Dean / PUB. S. / (916) 319-3744