BILL ANALYSIS Ó AB 2695 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2695 (Obernolte) - As Amended April 19, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill revises the procedure for when there is a question about the mental competence of a juvenile charged with a crime. Specifically, this bill: AB 2695 Page 2 1)States that whenever the court has a doubt that a minor who is subject to any juvenile proceedings is mentally competent, the court shall suspend all proceedings and make a determination of competence. 2)Specifies that a minor is mentally incompetent if he or she is unable to understand the nature of the proceedings, including his or her role in the proceedings, or unable to assist counsel in conducting a defense in a rational manner, including a lack of a rational and factual understanding of the nature of the charges or proceedings. 3)Provides a process for establishing competency. States that unless the parties stipulate to a finding that the minor lacks competency, or the parties are willing to submit on the issue of the minor's lack of competency, the court must appoint an expert, with expertise in child and adolescent development and forensic evaluation of juvenile, to evaluate the minor through interviews with minor and counsel and review of available records, and determine whether the minor is competent. 4)If the expert finds that the minor lacks competency, the expert must make recommendations regarding the type of remediation services the minor requires. Requires the court upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. Service providers shall determine the likelihood of the minor attaining competency within a reasonable period of time, and if the opinion is that the minor will not attain competency within a reasonable period of time, the minor shall be returned to court at the earliest possible date. 5)Provides a process to move the case forward until the minor attains competency, or the minor remains in a remediation program. In no case will the remediation extend beyond two years, - current law is three years - or a period of time equal to the maximum term of detention for the most serious AB 2695 Page 3 charge, whichever is shorter, if the petition involves a felony; or one year, or the time equal to the maximum term, on a petition that contains only a misdemeanor. 6)States that if the court finds that the minor will not achieve competency, the court shall dismiss the charges, and states that the proceedings above apply to juveniles before the criminal court. FISCAL EFFECT: 1)Unknown, but likely in the low hundreds of thousands of dollars, reimbursable mandate costs (GF) for county probation departments to provide a higher level of remediation services to minors. If 500 minors are housed for an additional five days and the cost for the higher level of services is an additional $100 per day, the annual cost would be $250,000. However, pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. 2)Minor absorbable costs to the Judicial Council to establish a new Rule of Court. 3)Minor and absorbable costs to the courts. COMMENTS: 1)Purpose. According to the author, "There are a number of deficiencies in the existing laws that lay out the procedures for determining whether minors are able to understand and AB 2695 Page 4 participate in court proceedings. As a result, juveniles that may lack competency are being underserved and left without proper protection. "AB 2695, sponsored by the Judicial Council, would address these issues and revise the provisions for assessing a minor's competency and set guidelines for how to proceed if they are deemed incompetent. It is the result of a two-year working group, consisting of members of California's Family and Juvenile Law Advisory Committee, Collaborative Justice Courts Advisory Committee and Mental Health Issues Implementation Task Force. Among the stakeholders that participated in the working group were judges, a chief probation officer, a deputy district attorney, a deputy public defender and a private defense attorney. "Together with input from public comment, the working group drafted a set of amendments to the Welfare and Institutions Code that would clarify and improve these procedures. The result, AB 2695, presents a cohesive set of guidelines for competency proceedings that will better protect minors who are facing competency questions." 2)Opposition. The California Public Defenders Association (DPDA) states, "Certainly Welfare and Institutions Code section 709 in its current configuration leaves much to be desired with respect to policies and procedures regarding juvenile adjudicative competency. However, AB 2695, as currently proposed, fails to improve upon current law and in many respects creates an even more problematic process regarding children whose competency has been called into question in juvenile delinquency proceedings. CPDA further opposes AB 2695's provisions that gives the juvenile court authorization to refer minors for services after the court's jurisdiction has been terminated due to the substantial likelihood the minor will not attain competency in a reasonable amount of time." AB 2695 Page 5 Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081