BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2695


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2695 (Obernolte) - As Amended April 19, 2016


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          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:   








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          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  








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            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  








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            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."









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          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081