BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:    SB 651        Hearing Date:         April 21, 2015
           ----------------------------------------------------------------- 
          |Author:    |Leyva                                                |
          |-----------+-----------------------------------------------------|
          |Version:   |February 27, 2015                                    |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|JM                                                   |
          |           |                                                     |
           ----------------------------------------------------------------- 


                        Subject:  Juvenile Conduct:  Victims



          HISTORY

          Source:   Los Angeles County District Attorney; Crime Victims  
          Action Alliance

          Prior Legislation:None

          Support:  California District Attorneys Association; Association  
                    of Los Angeles Deputy Sheriffs; Los Angeles Police  
                    Protective League; Los Angeles County Probation  
                    Officers Union; American Federation of State, County  
                    and Municipal Employees, Local 685; Association of  
                    Deputy District Attorneys

          Opposition:None known

                                       PURPOSE




          The purpose of this bill is to make the definition of a victim  
          in the context of restitution orders in juvenile delinquency  
          matters the same as the definition of a victim in adult criminal  
          sentencing. 








          SB 651  (Leyva )                                           Page  
          2 of ?
          
          
          Existing provisions in the California Constitution state that  
          all crime victims have the right to seek and secure restitution  
          from the perpetrators of these crimes.  Restitution must be  
          ordered in every case without exception.  Where a defendant has  
          been ordered to pay restitution, all money, or property  
          collected from the defendant must be first applied to satisfy  
          restitution orders.  (Cal. Const. Art. 1 § 28, subd.  
          (b)(13)(A)-(C).)

          Existing law provides for restitution orders in criminal  
          convictions - enforceable as a civil judgment - to ensure that a  
          victim of a crime who incurs any economic loss shall receive  
          restitution directly from any defendant convicted of that crime.  
           If a restitution order is made, the defendant has the right to  
          a hearing before the court to dispute the determination of the  
          amount of the order.  A restitution order may be modified upon  
          motion of the district attorney, the victim or victims, or the  
          defendant.  (Pen. Code § 1202.4, subds. (f) and (i).) 

          Existing law provides that a restitution order shall be prepared  
          by the court and identify each victim and each loss.  (Pen. Code  
          § 1202.4, subd. (f)(3).)

          Existing law generally provides for victim restitution and a  
          victim restitution fine from minors found to have committed a  
          crime by the juvenile court.  Juvenile court restitution is  
          largely parallel to or consistent with restitution law  
          applicable to adult criminal cases.  (Welf. and Inst. Code §  
          730.6.)

          Existing law comprehensively defines a victim for purposes of  
          adult criminal sentencing.  The definition includes the  
          following:


                 The immediate surviving family of the actual victim.


                 A corporation, other specified commercial or legal  
               entity, a government or governmental subdivision, agency,  
               or instrumentality, when such an entity is a direct victim  
               of a crime.










          SB 651  (Leyva )                                           Page  
          3 of ?
          
          
                 A person who has sustained economic loss from a crime  
               and who, at the time of the crime, had the status or  
               identity of one of the following:


                  o         The parent, grandparent, sibling, spouse,  
                    child, or grandchild of the victim One who living in  
                    the household of the victim;


                  o         One who had previously lived in the household  
                    of the victim for a period of not less than two years  
                    in a relationship substantially similar to a familial  
                    relationship;


                  o         A more broadly defined family member of the  
                    victim who witnessed the crime, such as the victim's  
                    fiancé or fiancé;


                  o         The primary caretaker of a minor victim;


                  o         A person eligible to receive assistance from  
                    the Restitution Fund;


                  o         A governmental entity that is responsible for  
                    repairing, replacing, or restoring public or private  
                    owned property that has been defaced with graffiti or  
                    other inscribed material, as specified.  (Pen. Code §  
                    1202.4, subd. (k).)


          Existing law defines a victim for purposes of restitution in a  
          juvenile case to include:

                 The immediate surviving family of the actual victim;
                 A governmental entity that is responsible for repairing,  
               replacing, or restoring public or private owned property  
               that has been defaced with graffiti or other inscribed  
               material, as specified.  (Welf. and Inst. Code § 730.6,  
               subd. (j).)








          SB 651  (Leyva )                                           Page  
          4 of ?
          
          



          Existing decisional law provides that a juvenile court has the  
          authority to issue a broad restitution order, consistent with  
          the rehabilitative purposes of the juvenile court.  (In re  
          Alexander A. (2011) 192 Cal.App.4th 847, 854-855.)



          Existing provisions of the California Constitution define a  
          victim as "a person who suffers direct or threatened physical,  
          psychological, or financial harm as a result of the commission  
          or attempted commission of a crime or delinquent act.  The term  
          'victim' also includes the person's spouse, parents, children,  
          siblings, or guardian, and includes a lawful representative of a  
          crime victim who is deceased, a minor, or physically or  
          psychologically incapacitated." (Cal. Const., art. I, § 28,  
          subd. (e), italics added.)



          Existing decisional law provides that a juvenile court  
          restitution orders must comply with the broad definition of a  
          victim in the California Constitution.  (In re Scott H. (2013)  
          221 Cal.App.4th 515, 522.)


          This bill defines a victim for purposes of restitution in  
          juvenile delinquency matters to be the same as the definition of  
          a victim for purposes of restitution orders in adult criminal  
          sentencing.


                    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  








          SB 651  (Leyva )                                           Page  
          5 of ?
          
          
          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:

              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  








          SB 651  (Leyva )                                           Page  
          6 of ?
          
          
               reasonably appropriate remedy.




          











          COMMENTS

          1.Need for This Bill

          According to the author and sponsor:


               Currently, [the juvenile court restitution statute  
               does not include a direct victim's] immediate family  
               members are not entitled to restitution for  
               ?.crime-related expenses because they do not fall  
               within the definition of a victim in Welfare and  
               Institutions Code Section 730.6(j).)  Because that  
               section does not mirror the definition of a victim in  
               Penal Code Section 1202.4 (f), the Los Angeles County  
               District Attorney has had to rely on the appellate  
               courts' interpretation of the statute to obtain  
               restitution orders on behalf of victims in juvenile  
               court cases.


               The court in In re Scott H. (2013) 221 Cal.App.4th 515  
               considered whether the family members of the victim of  
               a lewd conduct offense committed by a juvenile  
               offender were entitled to restitution for mental  
               health counseling fees.  The juvenile court ordered  
               restitution for the therapy, but the juvenile court  








          SB 651  (Leyva )                                           Page  
          7 of ?
          
          
               order was reversed by the Court of Appeal because the  
               family members were not specifically defined as  
               victims in the juvenile court restitution statute.   
               The California Supreme Court vacated the decision of  
               the Court of Appeal and directed the court to  
               reconsider its decision in light of [the expansive  
               definition of a victim] in the California  
               Constitution.  Had the Welfare and Institutions Code  
               mirrored the Penal Code restitution provisions, the  
               juvenile court restitution order would have stood  
               without the need for a Supreme Court decision.   


          2.The California Constitution and Appellate Decisions  
            Expansively Define the term "Victim" in the Context of  
            Restitution Orders in Juvenile Delinquency Cases



          As noted in the author's statement, appellate decisions have  
          held that juvenile delinquency restitution orders must comply  
          with the provisions of the California Constitution that broadly  
          define a crime victim.   (In re Scott H. (2013) 221 Cal.App.4th  
          515, 522.)  Further, as the major goal or purpose of the  
          juvenile court is rehabilitation of a delinquent minor,  
          restitution orders need not exactly match the economic losses  
          caused by the minor's conduct.  (In re Alexander A. (2011) 192  
          Cal.App.4th 847, 854-855.)



          In considering other bills, committee members have expressed  
          concern about the ability of minors to pay large restitution  
          orders.  The Constitution requires full restitution to victims  
          of delinquent acts.  The court can decline to order a juvenile  
          to pay full restitution if it finds "compelling and  
          extraordinary reasons" to do so.  However, "a minor's inability  
          to pay [is] not a compelling or extraordinary reason not to  
          impose a restitution order."



          Arguably, the Constitution requires a juvenile court to order a  
          delinquent minor to pay restitution to essentially the same  








          SB 651  (Leyva )                                           Page  
          8 of ?
          
          
          extent as required by criminal sentencing provisions. If that is  
          correct, making the juvenile restitution statute consistent with  
          adult the relevant adult statute will provide clarity for  
          juvenile court judges and will avoid the expenditure of  
          appellate court resources and time for challenges by prosecutors  
          of juvenile court restitution orders. 
          


                                       --END--