BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 498        Hearing Date:    April 21, 2015    
          
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          |Author:    |Hancock                                              |
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          |Version:   |April 13, 2015    Amended                            |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|LT                                                   |
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                      Subject:  Criminal statistics: juveniles.



          HISTORY

          Source:   Human Rights Watch

          Prior Legislation:SB 1198 (Hancock, 2014) - Held in Senate  
          Appropriations
                         SB 314 (Alpert) - Ch. 468, Stats.2001

          Support:  California Alliance for Youth and Community Justice;  
                    Center on Juvenile and Criminal Justice; W. Haywood  
                    Burns Institute; The National Employment Law Project;  
                    The National Compadres Network; Policy Link; Alliance  
                    for Boys and Men of Color; The National Center for  
                    Youth Law; Motivating Individual Leadership for Public  
                    Advancement; Children's Defense Fund California; Youth  
                    Law Center; California Public Defenders Association

          Opposition:Chief Probation Officers of California

                     
          PURPOSE

          The purpose of this bill is to expand the kind of juvenile data  
          now collected and reported on by the Department of Justice  
          (DOJ), including 1) data broken down by county of commitment; 2)  








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          data describing how minors who are remanded to adult court get  
          there (by a decision of the court, the district attorney, or as  
          a matter of law) and outcomes from each of these remand  
          mechanisms; 3) data indicating how many inmates are in prison  
          for crimes committed when they were under the age of 21, broken  
          down by offense, age, gender, ethnicity and county of  
          commitment; and 4) an Internet web-based database operated by  
          DOJ containing more detailed information about juvenile  
          offenders, in a format that would allow users to query the  
          system and download requested subsets of information, as  
          specified.

          The California Constitution provides that, subject "to the  
          powers and duties of the Governor, the Attorney General shall be  
          the chief law officer of the State.  It shall be the duty of the  
          Attorney General to see that the laws of the State are uniformly  
          and adequately enforced.  The Attorney General shall have direct  
          supervision over every district attorney and sheriff and over  
          such other law enforcement officers as may be designated by law,  
          in all matters pertaining to the duties of their respective  
          offices, and may require any of said officers to make reports  
          concerning the investigation, detection, prosecution, and  
          punishment of crime in their respective jurisdictions as to the  
          Attorney General may seem advisable.  Whenever in the opinion of  
          the Attorney General any law of the State is not being  
          adequately enforced in any county, it shall be the duty of the  
          Attorney General to prosecute any violations of law of which the  
          superior court shall have jurisdiction, and in such cases the  
          Attorney General shall have all the powers of a district  
          attorney. When required by the public interest or directed by  
          the Governor, the Attorney General shall assist any district  
          attorney in the discharge of the duties of that office."  (Cal.  
          Const. Art. V § 13.)

          Existing law provides that the Attorney General is the head of  
          the Department of Justice ("DOJ").  (Government Code § 12510.)

          Existing law requires DOJ to "present to the Governor, on or  
          before July 1st, an annual report containing the criminal  
          statistics of the preceding calendar year and to present at  
          other times as the Attorney General may approve reports on  
          special aspects of criminal statistics.  A sufficient number of  
          copies of all reports shall be prepared to enable the Attorney  
          General to send a copy to all public officials in the state  









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          dealing with criminals and to distribute them generally in  
          channels where they will add to the public enlightenment."   
          (Penal Code § 13010(g).)

          Existing law requires this report to contain statistics showing  
          all of the following:

               (a) The amount and the types of offenses known to the  
               public authorities.
               (b) The personal and social characteristics of  
               criminals and delinquents.
               (c) The administrative actions taken by law  
               enforcement, judicial, penal, and correctional  
               agencies or institutions, including those in the  
               juvenile justice system, in dealing with criminals or  
               delinquents.
               (d) The administrative actions taken by law  
               enforcement, prosecutorial, judicial, penal, and  
               correctional agencies, including those in the juvenile  
               justice system, in dealing with minors who are the  
               subject of a petition or hearing in the juvenile court  
               to transfer their case to the jurisdiction of an adult  
               criminal court or whose cases are directly filed or  
               otherwise initiated in an adult criminal court.
               (e) The number of citizens' complaints received by law  
               enforcement agencies under Section 832.5. These  
               statistics shall indicate the total number of these  
               complaints, the number alleging criminal conduct of  
               either a felony or misdemeanor, and the number  
               sustained in each category. The report shall not  
               contain a reference to any individual agency but shall  
               be by gross numbers only.

               It shall be the duty of the department to give  
               adequate interpretation of the statistics and so to  
               present the information that it may be of value in  
               guiding the policies of the Legislature and of those  
               in charge of the apprehension, prosecution, and  
               treatment of the criminals and delinquents, or  
               concerned with the prevention of crime and  
               delinquency. The report shall also include statistics  
               which are comparable with national uniform criminal  
               statistics published by federal bureaus or departments  
               heretofore mentioned.  (Penal Code § 13012 (emphasis  









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               added).)

          Existing law requires DOJ to "collect data pertaining to the  
          juvenile justice system for criminal history and statistical  
          purposes. This information shall serve to assist the department  
          in complying with the reporting requirement of subdivisions (c)  
          and (d) of Section 13012, measuring the extent of juvenile  
          delinquency, determining the need for and effectiveness of  
          relevant legislation, and identifying long-term trends in  
          juvenile delinquency. Any data collected pursuant to this  
          section may include criminal history information which may be  
          used by the department to comply with the requirements of  
          Section 602.5 of the Welfare and Institutions Code."  (Penal  
          Code § 13010.5.)

          Existing law requires the following information be included in  
          the annual report described above concerning juvenile justice:

               (1) The annual number of fitness hearings held in the  
               juvenile courts under Section 707 of the Welfare and  
               Institutions Code, and the outcomes of those hearings  
               including orders to remand to adult criminal court,  
               cross-referenced with information about the age,  
               gender, ethnicity, and offense of the minors whose  
               cases are the subject of those fitness hearings.
               (2) The annual number of minors whose cases are filed  
               directly in adult criminal court under Sections 602.5  
               and 707 of the Welfare and Institutions Code,  
               cross-referenced with information about the age,  
               gender, ethnicity, and offense of the minors whose  
               cases are filed directly to the adult criminal court.
               (3) The outcomes of cases involving minors who are  
               prosecuted in adult criminal courts, regardless of how  
               adult court jurisdiction was initiated, including  
               whether the minor was acquitted or convicted, or  
               whether the case was dismissed and returned to  
               juvenile court, including sentencing outcomes,  
               cross-referenced with the age, gender, ethnicity, and  
               offense of the minors subject to these court actions.

               (b) The department's annual report published under  
               Section 13010 shall include the information described  
               in subdivision (d) of Section 13012, as further  
               delineated by this section, beginning with the report  









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               due on July 1, 2003, for the preceding calendar year.   
               (Penal Code § 13012.5.)

          This bill would recast Penal Code Section 13012.5 to do all  
          of the following:

                 Include "county level" information;
                 Include commitment county in the adult court data  
               described in (1) above; 
                 With respect to adult court filings described in  
               (2) above, provide that data be classified according  
               to the manner in which adult court jurisdiction was  
               initiated, and include county of referral;
                 With respect to outcomes from adult court filings  
               described in (3) above, provide that the data be  
               classified according to the manner in which adult  
               court jurisdiction was initiated, and include length  
               of time in custody prior to disposition, sentencing  
               outcomes and county of referral; and
                 Add to the required data, the total number of  
               people who were under 21 years of age at the time of  
               their offenses who are currently committed to the  
               California Department of Corrections and  
               Rehabilitation cross-referenced with the age, gender,  
               ethnicity, county of referral, and most serious  
               offense at the time of referral.

          This bill would require DOJ to post on its Internet Web site all  
          of the juvenile information described above "in a format that  
          allows a user to query and download the information for the most  
          recent reporting year and for prior years or reporting cycles  
          for which the information is available."

          This bill would require DOJ to use for its Internet Web site  
          "data submitted by the California Department of Corrections and  
          Rehabilitation, for each year, the number of people who were  
          under 21 years of age at the time of the offense and who were  
          committed to the Department of Corrections and Rehabilitation  
          cross-referenced with the most serious offense resulting in  
          conviction and the sentence, including any gang, weapon, or  
          other sentencing enhancements that were attached,  
          cross-referenced with the person's age at the time of the  
          offense, age at admission to the Department of Corrections and  
          Rehabilitation, current age, gender, race or ethnic subgroup,  









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          and county of commitment."

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:










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              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.




          COMMENTS

          1. Stated Need for this Bill

          The author states:

               Existing law requires the California Department of  
               Justice (DOJ) to present a report to the Governor  
               annually that contains the statewide criminal  
               statistics of the preceding year, including specified  
               information about the minors who were charged and  
               convicted as adults in criminal court. 

               Current statistical requirements were developed  
               shortly after Proposition 21 took effect in 2000,  
               which vastly expanded the circumstances under which  
               juveniles in California may be handled in the adult  
               criminal system.  In 2001, the Penal Code was amended  
               to add Section 13012.5 which lists specific data  
               elements that the DOJ must annually collect and report  
               on juveniles tried as adults.

               As a result of Proposition 21, prosecutors gained the  
               authority to file juvenile cases directly in adult  
               criminal court without a fitness hearing in the  
               juvenile court.  Moreover, filing in adult court  
               became automatic for homicide and other listed serious  









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               crimes.  Throughout the state, the number of juveniles  
               who are handled in the adult system has grown  
               significantly since 2001.  However, the data  
               requirements adopted in 2001 fall short of what is  
               needed to provide a full and accurate picture of  
               transfers, direct files and important sentencing  
               consequences.  For example, data that is currently  
               collected does not disaggregate adult court outcomes  
               by the mechanism of transfer to the adult court.  Only  
               statewide rather than county-level data are reported,  
               and important sentencing details for these cases are  
               lacking.  Policymakers, researchers and the public  
               need to know more about the social, economic,  
               corrections and public safety consequences surrounding  
               these critical cases.  Better access to individual  
               data is needed to assess sentencing practices related  
               to the adoption of SB 260 (Hancock, 2013) and to  
               California Supreme Court sentencing decisions such as  
               People v. Caballero 55 Cal.4th 262 (2012).

               SB 1198 will require the DOJ to expand the collection  
               and reporting statistics on minors whose cases are  
               handled in adult criminal court.  This bill seeks to  
               provide policymakers and the public with a better  
               understanding of the criminal justice system as well  
               as the background of minors being charged as adults.   
               It will also require that the DOJ continue to post  
               information required in the annual report on their  
               website but to do so in a format that allows users to  
               query and download the material.







          2. What This Bill Would Do

          As explained in detail above, this bill would expand the kind of  
          juvenile data now collected and reported on by DOJ.  The key new  
          features this bill would provide include:

                 Data broken down by county of referral;









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                 How minors who are remanded to adult court get there -  
               by a decision of the court, the district attorney, or as a  
               matter of law - and outcomes from each of these remand  
               mechanisms; and
                 How many inmates are in prison for crimes committed when  
               they were under the age of 21, broken down by offense, age,  
               gender, ethnicity, county of referral, and most serious  
               offense at the time of referral.

          In addition, this bill would require DOJ to post certain  
          information concerning juvenile crime and offenders on its  
          website, including in a format that allows users to query the  
          system and download requested subsets of information, as  
          specified.

          3. Background: Juvenile Justice Data in California

          Currently, the state's key source of annual data concerning  
          juvenile offenders is prepared by DOJ, Junvenile Justice in  
          California. The most recently-available report is from 2012.<1>  
          As explained in that report:

               Juvenile Justice in California 2012 provides insight  
               into the juvenile justice process by reporting the  
               number of arrests, referrals to probation departments,  
               petitions filed, and dispositions for juveniles tried  
               in juvenile and adult courts. Law enforcement agencies  
               provide information on the number of arrests, and  
               probation departments and superior courts provide  
               information on the types of offenses and  
               administrative actions taken by juvenile and adult  
               courts. 

               The California Department of Justice (DOJ) is required  
               to collect and report statistics on juvenile justice  
               in California. Juvenile Justice in California 2012  
               reflects data extracted from the Monthly Arrest and  
               Citation Register, Offender-Based Transaction  
               Statistics file, and the Juvenile Court and Probation  
               Statistical System. (Appendix 1 describes the  
               evolution of this system.) Referral and petition  
               statistics were submitted to the Juvenile Court and  


               ----------------------

          <1>  The annual report is due on or before July 1st. 








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               Probation Statistical System by 56 of California's 58  
               counties, representing over 99 percent of the state's  
               juvenile population. Del Norte and Sierra Counties are  
               not included in the referral and petition sections of  
               this report. 

               Juvenile Justice in California 2012 presents juvenile  
               justice statistics in four sections: Arrests,  
               Referrals, Petitions, and Adult Court Dispositions.  
               The arrest data were reported by law enforcement  
               agencies and law enforcement referral data were  
               reported by probation departments. Comparisons between  
               arrest data and referral data should not be made  
               because of differences in the way data were reported  
               between the two sources?<2>

          The 2012 report contains the following information about  
          juvenile offenders remanded to adult court that year:

               Of the 532 adult-level court dispositions received:

                           93.2 percent (496) were males.

                           6.8 percent (36) were females.

                           1.9 percent (10) were 14 years of age.

                           10.3 percent (55) were 15 years of age.

                           27.8 percent (148) were 16 years of age.

                           60.0 percent (319) were 17 years of age. 

                           11.1 percent (59) were white. 

                           58.3 percent (310) were Hispanic.

                           25.8 percent (137) were black.

                           4.9 percent (26) were from other race/ethnic  
                  -----------------------

          <2>    
          http://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/mi 
          sc/jj12/preface.pdf 








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                    groups.

               Of the 532 adult-level court dispositions received:

                           86.1 percent (458) resulted in a conviction.

                           13.2 percent (70) were dismissed.

                           0.2 percent (1) were acquitted. 

                           0.6 percent (3) were certified to juvenile  
                    court

                           Regardless of gender, age, and race/ethnicity  
                    juveniles in adult court were convicted in the  
                    majority of cases. 

                           Females were more likely to be dismissed (27.8  
                    percent) and certified to juvenile court (2.8 percent)  
                    compared to males (12.1 percent and 0.4 percent,  
                    respectively).

                           Juveniles 17 years old were more likely to be  
                    dismissed (14.1 percent) compared to other age groups.
                                
                           A greater percentage of black juveniles were  
                    convicted (89.1 percent) compared to all other  
                    race/ethnic groups.

                           Black juveniles were also the least likely to  
                    be dismissed (10.9 percent) compared to all other  
                    race/ethnic groups. 

               Of the 458 convictions received:

                           64.0 percent (293) were sentenced to adult  
                    prison or the Division of Juvenile Justice (DJJ). 

                           2.2 percent (10) received probation.

                           29.7 percent (136) received probation with  
                    jail.

                           3.1 percent (14) received jail.









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                           1.1 percent (5) received another sentence. 

                           Males were more likely than females to be sent  
                    to adult prison or the Division of Juvenile Justice  
                    (65.6 vs. 36.0 percent).

                           Females were more likely to be sentenced to  
                    probation with jail than males (48.0 vs. 28.6  
                    percent).

                           Regardless of age, juveniles convicted in  
                    adult court were most likely to be sentenced to adult  
                    prison or the Division of Juvenile Justice.

                           Hispanic, black, and "other" juveniles  
                    convicted in adult court were most likely sentenced to  
                    adult prison or the Division of Juvenile Justice. 

          In addition to the annual report on juvenile justice, DOJ also  
          maintains the following data relevant to juvenile offenders:

                           The Monthly Arrest and Citation Register  
                    (MACR) database provides information on felony and  
                    misdemeanor level arrests for adults and juveniles and  
                    status offenses (e.g., truancy, incorrigibility,  
                    running away, and curfew violations) for juveniles.  
                    The following data elements are included in this file:  
                    race/ethnicity, date of birth, gender, date of arrest,  
                    offense level, status of the offense, and law  
                    enforcement disposition. MACR data are published in  
                    Crime in California, Homicide in California, Juvenile  
                    Justice in California, and the Criminal Justice  
                    Profile series. Age, gender, race/ethnicity, and  
                    offense information from the MACR are forwarded to the  
                    FBI for publication in Crime in the United States. The  
                    MACR data, in a consistent format, is available from  
                    1979 to the present.

                           The Juvenile Court and Probation Statistical  
                    System (JCPSS) database is designed to collect,  
                    compile, and report statistical data on the  
                    administration of juvenile justice in California. It  
                    provides information on a juvenile's process through  









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                    the juvenile justice system from probation intake to  
                    final case disposition. Data from the JCPSS database  
                    is available in an electronic format from 2004 to the  
                    present.<3>



                                      -- END -





          






























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          <3>    https://oag.ca.gov/cjsc/databases