BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 941 (Mitchell) - Juveniles
          
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          |Version: April 6, 2016          |Policy Vote: PUB. S. 6 - 1      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 23, 2016      |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  SB 941 would repeal the authority of local agencies to  
          assess and collect specified fees against families of persons  
          under 21 years of age who have been detained and/or placed on  
          probation and who are not under the jurisdiction of criminal  
          court. This bill would specify that, on and after January 1,  
          2017, the balance of any court-ordered costs imposed pursuant to  
          the liabilities eliminated in this bill is unenforceable and  
          uncollectable. 


          Fiscal  
          Impact:  
            County fee revenue  :  Potential loss of ongoing revenue for  
            counties that currently assess and collect fees, potentially  
            in excess of $5 million to $10 million (Local Funds) annually.  
            Unknown amount of additional lost revenue from the outstanding  
            balance of court-ordered costs as of January 1, 2017 (the  
            outstanding balance statewide is unknown, however, it is  
            estimated to exceed $100 million, given the total amount of  








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            outstanding debt from juvenile fees for just four counties  
            totals nearly $45 million). The net fee revenue loss to  
            counties, accounting for the amount potentially collectible  
            and deducting the administrative costs to collect, is unknown.  
              
           Repeal of local authority to charge fees  :  Potential costs in  
            the tens of millions of dollars (General Fund) annually, for  
            administrative and operational costs related to local  
            detention, probation supervision, electronic monitoring, drug  
            testing, work furlough and home detention programs,  
            support/maintenance of wards and dependents, and  
            transportation of persons under age 21. Although three  
            counties currently opt not to charge specified fees (Alameda,  
            Los Angeles, and San Francisco<1>), the total costs (and not  
            necessarily the amount  of fees collected) incurred by all  
            counties for these activities could potentially be subject to  
            reimbursement by the state should the Commission on State  
            Mandates determine the provisions of this bill constitute a  
            state-mandated program on local agencies. Staff notes certain  
            local agency costs could potentially require a subvention of  
            funds from the state pursuant to Proposition 30* in lieu of  
            mandate reimbursement.  
           County administrative workload  :  Ongoing significant reduction  
            in administrative workload related to "ability to pay"  
            determinations and the collection of assessed fees over time.  
            To the extent much of the outstanding debt has been referred  
            to the Franchise Tax Board's court-ordered debt and tax  
            intercept programs, however, the fee collection workload  
            relief to counties would be somewhat mitigated.  
           Courts  :  Ongoing loss of future revenue potentially in the  
            hundreds of thousands of dollars (General Fund**) statewide  
            due to the inability to assess and collect fees for  
            court-appointed counsel for persons under the age of 21.  
            Revenue collected annually for both adults and minors exceeds  
            $1.1 million annually, however, only a portion of these  
            revenues are attributable to persons under the age of 21.
            CalWORKs Family Stabilization Program  :  Potential increase in  
            CalWORKs services costs (General Fund) for crisis services to  
            families in which a child has been held in temporary custody  
            in a law enforcement facility, as specified.   
            *Proposition 30  :  Exempts the State from mandate reimbursement  
          ---------------------------
          <1> Alameda County placed a moratorium on the assessment and  
          collection of fees in March 2016; Los Angeles County placed a  
          moratorium on the assessment of fees in 2009. San Francisco  
          County has not charged fees to date for these activities. 







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            for realigned responsibilities for "public safety services"  
            including the managing of local jails and the provision of  
            services and supervision of juvenile and adult offenders.  
            However, legislation enacted after September 30, 2012, that  
            has an overall effect of increasing the costs already borne by  
            a local agency for public safety services apply to local  
            agencies only to the extent that the State provides annual  
            funding for the cost increase. The provisions of Proposition  
            30 have not been interpreted through the formal court process  
            to date, however, to the extent certain local agency costs  
            resulting from this measure are determined to be applicable  
            under the provisions of Proposition 30, local agencies would  
            not be obligated to provide the level of service required by  
            the bill above the level for which funding is provided by the  
            State.  


          **Trial Court Trust Fund



          Background:  Existing law generally provides the authority for county  
          boards of supervisors to authorize courts to order the families  
          of youth who have been detained and/or placed on probation to  
          pay specified fees for the youth's detention, probation  
          supervision, electronic monitoring, drug testing,  
          transportation, and counsel. 
          Existing law authorizes sheriffs, probation officers, and  
          directors of county departments of corrections to offer home  
          detention programs in lieu of confinement in county jail or  
          other county correctional facilities. Additionally, counties,  
          upon approval by the board of supervisors, may establish work  
          furlough, electronic home detention, or parole programs. For  
          these programs, existing law authorizes the board of supervisors  
          to prescribe a program administrative fee and application fee to  
          participants.  


          Under existing law, a board of supervisors for any county may  
          designate a county officer to make financial evaluations of  
          defendants and other persons liable for reimbursable costs, as  
          specified. Existing law provides that the county financial  
          evaluation officer shall make financial evaluations of parental  
          liability for reimbursements and other court-ordered costs  
          relating to the reasonable costs of support of a minor while the  








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          minor is placed, or detained in, or committed to, any  
          institution, as a result of temporary detention or a delinquency  
          court order, legal services, probation supervision, and costs  
          for records sealing, as specified, as directed by the board of  
          supervisors, or as established by the juvenile court. The court  
          order may be enforced as any other civil judgment, including any  
          balance remaining unpaid after jurisdiction of the minor has  
          terminated.


          The Policy Advocacy Clinic at the U.C. Berkeley School of Law,  
          which has been studying the practice and impact of county  
          assessment of administrative fees against families of youth who  
          have been detained or placed on probation, provided the Senate  
          Committee on Public Safety with the following chart summarizing  
          the fees targeted by this bill in several counties:







          Proposed Law:  
            This bill would repeal the authority of agencies to assess and  
          collect administrative fees against families of youth who have  
          been detained or placed on probation, are under 21 years of age,  
          and are not under the jurisdiction of criminal court. In  
          summary, this bill:
                 Specifies that, on and after January 1, 2017, the  
               balance of any court-ordered costs imposed pursuant to the  
               liabilities eliminated by this bill "shall be unenforceable  
               and uncollectable, and on January 1, 2018, the portion of  
               the judgment imposing those costs shall be vacated."


                 Specifies for purposes of CalWORKs eligibility, a  
               situation or crisis that is destabilizing the family  
               includes the circumstance when a child in the family has  
               been held in temporary custody in a law enforcement  
               facility.


                 Narrows the scope of existing liability for costs to  
               apply only to legal services rendered to a minor by an  








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               attorney pursuant to an order of the juvenile court, any  
               cost to the county or the court of legal services rendered  
               directly to the father, mother, or spouse, of the minor or  
               any other person liable for the support of the minor, in a  
               dependency proceeding by an attorney appointed pursuant to  
               an order of the juvenile court, and for persons age 26 and  
               older, the cost to the county and court for any  
               investigation related to the sealing and for the sealing of  
               any juvenile court or arrest records, as specified.


                 Limits the administrative fee local agencies can assess  
               for home detention programs and work furlough programs to  
               adult participants who are over the age of 21 years and  
               under the jurisdiction of the criminal court.


                 For persons convicted of an offense involving the  
               unlawful possession, use, sale or other furnishing of any  
               controlled substances, limits the assessment of fees for  
               drug testing to adults over 21 years of age and under the  
               jurisdiction of the criminal court. 


                 Deletes all financial liability provisions of WIC §  
               207.2, which provides that a parent or guardian is liable  
               for the reasonable costs of transporting a minor to a  
               juvenile facility and for the costs of the minor's food,  
               shelter, and care at the juvenile facility when the parent  
               or guardian has actual notice the minor is schedule for  
               release and that the parent or guardian is asked to pick up  
               the minor by a time certain no later than six hours from  
               the time the minor was placed in detention


                 Revises existing provisions of law that authorizes the  
               order for the care and custody of a ward, dependent child,  
               or other minor be paid by the parents/guardian of a ward if  
               the maximum amount established by a county board of  
               supervisors is insufficient to pay the whole expense of  
               support and maintenance, and instead directs that the whole  
               expense of support and maintenance for the child be paid  
               for from the county treasury.










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           Additional Statutes Repealed by This Bill 
                  WIC § 902 (orders for additional amounts to pay the  
               whole expense of support and maintenance of a ward,  
               dependent child, or other minor person);

                 WIC § 903 (liability for costs of support of the minor  
               while the minor is placed, or detained in, or committed to,  
               any institution or other place, as specified);

                 WIC § 903.15 (liability for registration fee of up to  
               $50 for appointed legal counsel); 

                 WIC § 903.2 (liability for probation supervision, home  
               supervision, or electronic supervision); 

                 WIC § 903.25 (food, shelter and care costs of juveniles  
               in custody of probation or detained in juvenile facility); 

                 WIC § 903.4 (recovery of moneys or incurred costs for  
               support of minors in county institution or other placed  
               program);

                 WIC § 903.45 (financial evaluation of ability to pay;  
               subsequent petition for order to pay); 

                 WIC § 903.5 (voluntary placement of minor in out-of-home  
               care); 

                 WIC § 903.6 (distribution of collected funds); 

                 WIC § 903.7 (deletes the "Foster Children and Parent  
               Training Fund") 

                 WIC § 904 (determination of charges by boards of  
               supervisors or courts). 



          Prior  
          Legislation:  SB 504 (Lara) Chapter 388/2015 limits certain cost  
          liabilities related to the sealing of juvenile records to  
          persons over the age of 26, as specified, and provides that in  
          considering a petition to seal certain juvenile records, an  
          unfulfilled order of restitution shall not be a bar to sealing,  
          and outstanding restitution fines and court-ordered fees shall  








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          not be considered when assessing a petitioner's rehabilitation  
          nor be a bar to sealing a record, as specified.


          Staff  
          Comments:  By removing the authority of agencies to charge  
          specified fees to persons under 21 years of age, the provisions  
          of this measure could result in a significant fiscal impact to  
          local agencies as noted in the Fiscal Impact section of this  
          analysis. An informal survey of 28 counties indicated a  
          potential fiscal impact in the millions of dollars to probation  
          departments annually, with the largest potential fiscal loss  
          attributable to the inability to assess fees for detention in  
          juvenile facilities. Additionally, it is anticipated there could  
          be a significant fiscal impact to local agencies as it pertains  
          to the inability to assess application and program  
          administrative fees for home detention and work furlough  
          programs, as these types of alternative custody options are  
          potentially suitable for young adults aged 18-21 who would be  
          impacted by the provisions of this measure. 
          Three counties (Alameda, Los Angeles, and San Francisco) do not  
          currently charge fees for the actual costs of services rendered  
          for supervision, electronic monitoring drug testing, and  
          transportation. However, by prohibiting local agencies from  
          charging fees, now or at any point in the future, to recoup the  
          actual costs for services rendered, this bill could result in  
          General Fund costs should local agencies file claims with the  
          Commission on State Mandates (CSM) and the prohibition on  
          recouping local agency costs are determined to be a reimbursable  
          state mandate by the CSM.

          Staff notes that the costs of the provisions of this bill  
          notwithstanding, the societal impacts of assessing juvenile  
          administrative fees on families without the ability to pay are  
          significant. As noted in the report, "High Pain, No Gain: How  
          Juvenile Administrative Fees Harm Low-Income Families in Alameda  
          County, California," (Berkeley Law, University of California,  
          Policy Advocacy Clinic, March 2016): 


            Through a series of interviews with youth and their  
            families over the last two years, we have repeatedly heard  
            stories suggesting that juvenile administrative fees impose  
            several significant harms on families without the ability  
            to pay. First, the fees force families to choose between  








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            paying for necessities and paying the County. Second, the  
            fees strain often already challenging relationships between  
            youth and their parents. And third, the fees incentivize  
            actions that are even more costly and harmful to the family  
            and society. (p. 11)


            Fee debt causes immediate harm to vulnerable families and  
            strains parent-child relationships. The debt can impact  
            young people as they enter into adulthood by limiting their  
            abilities to secure a job, education and housing. (p. 17)


            Charging families administrative fees also fails to advance  
            the rehabilitative goals of the juvenile system. The  
            juvenile system is supposed to provide for the protection  
            and safety of youth, preserve family ties and foster family  
            reunification and enable young people to become law-abiding  
            and productive members of their families and communities.  
            (p. 18)







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