BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1004 (Hill) - Transitional youth diversion program
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|Version: April 21, 2016 |Policy Vote: PUB. S. 5 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 9, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1004 would authorize five specified counties to
establish a pilot program, until January 1, 2020, to operate a
deferred entry of judgment program that would allow young adults
(aged 18-20 years) charged with non-serious, non-violent,
non-sex offenses, to serve custodial time in juvenile hall
rather than county jail, as specified.
Fiscal
Impact:
County probation : Major increase in custodial and operational
costs to county probation departments, potentially in the
millions of dollars (Local Funds/General Fund*/General Fund**)
each year of the pilot for young adults (non-minors) to spend
custodial time in juvenile halls (ranging from $26/day in Lake
County to over $500/day in Santa Clara County) in lieu of
county jail. Costs would be dependent on the number of
counties electing to participate in the pilot and the number
of young adults eligible and participating in the program.
SB 1004 (Hill) Page 1 of
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Pilot counties would incur costs to develop an evaluation
process in consultation with specified agencies, arrange for
treatment and other services, and provide case management
activities.
Local jails : Major local cost savings (Local Funds) resulting
from reduced incarceration of non-minors in county jail
facilities.
BSCC : Minor costs (General Fund) to review and approve
applications from five counties for suitability of county
facilities for confinement of program participants.
Department of Justice (DOJ) : Minor ongoing workload to accept
program data submitted by probation departments of the pilot
counties.
Proposition 30* : Exempts the State from mandate reimbursement
for realigned responsibilities for "public safety services"
including the provision of treatment and services for 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 the
local agency costs resulting from this measure are determined
to be applicable under the provisions of Proposition 30, could
result in additional costs to the State.
Proposition 47** : Staff notes the funds to be disbursed to
the BSCC under the Safe Neighborhoods and Schools Act (65
percent of calculated savings) for mental health services and
substance abuse treatment for people in the criminal justice
system, with emphasis on programs that reduce recidivism of
people convicted of less serious crimes could potentially be
used for the purposes specified in this measure.
**Safe Neighborhoods and Schools Fund (annual transfer from the
General Fund)
Background: Existing law provides that entry of judgment may be deferred
with respect to a defendant charged with specific controlled
substance offenses, who pleads guilty to the charge(s), and who
meets certain criteria including that he or she has no prior
convictions for any offense involving controlled substances and
has had no felony convictions within the past five years. Under
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existing law, the criminal charges are to be dismissed if the
defendant performs satisfactorily in a specified program during
the period in which deferred entry of judgment (DEJ) was
granted. (Penal Code (PC) § 1000.)
Existing law provides that a record pertaining to an arrest
resulting in successful completion of a DEJ program shall not,
without the defendant's consent, be used in any way that could
result in the denial of any employment, benefit, license, or
certificate. (PC § 1000.4 (a).)
Existing law requires that a defendant be advised that
regardless of his or her successful completion of a DEJ program,
the arrest upon which the case was based may be disclosed by the
DOJ in response to any peace officer application request, and
that the defendant is obligated to disclose the arrest in
response to any direct question on the application. (PC § 1000.4
(b).)
This bill seeks to establish a three-year pilot project in five
counties to operate a DEJ program for transitional youth who are
at least 18 years old but younger than 21 years of age, as
specified.
Proposed Law:
This bill would authorize the following five counties to
establish a three-year pilot program to operate a "transitional
youth diversion program" (program) for eligible defendants:
Alameda, Butte, Napa, Nevada, and Santa Clara. This bill:
Provides that a defendant may participate in a program within
the county's juvenile hall if that person is charged with
committing an offense, with specified exceptions, he or she
pleads guilty to the charge or charges, and the probation
department determines that the person meets all of the
following requirements:
o Is 18 years of age or older, but under 21
years of age on the date the offense was committed.
o Is suitable for the program after evaluation
using a risk assessment tool.
o Shows the ability to benefit from services
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generally reserved for delinquents, including, but not
limited to, cognitive behavioral therapy, other mental
health services, and age appropriate educational,
vocational, and supervision services.
o Meets the rules of the juvenile hall.
o Does not have a prior or current conviction
for committing a serious or violent offense.
o Is not required to register as a sex offender,
as specified.
Requires the probation department, in consultation with
the superior court, district attorney, and sheriff of the
county or the governmental body charged with operating the
county jail, to develop an evaluation process using a risk
assessment tool to determine eligibility for the program.
Requires the court to grant deferred entry of judgment
(DEJ) if an eligible defendant consents to participate in
the program, waives his or her right to a speedy trial or a
speedy preliminary hearing, pleads guilty to the charge or
charges, and waives time for the pronouncement of judgment.
Specifies that if the probation officer determines that
the defendant is not eligible for the program or the
defendant does not consent to participate in the program,
the proceedings shall continue as in any other case.
If it appears to the probation department that the
defendant is performing unsatisfactorily in the program as
a result of the commission of a new crime or the violation
of any of the rules of the juvenile hall or that the
defendant is not benefiting from the services in the
program, the probation department may make a motion for
entry of judgment.
After notice to the defendant, requires the court to
hold a hearing to determine whether judgment should be
entered. If the court finds that the defendant is
performing unsatisfactorily in the program or that the
defendant is not benefiting from the services in the
program, the court shall render a finding of guilt to the
charge or charges pled, enter judgment, and schedule a
sentencing hearing as otherwise provided in this code, and
the probation department, in consultation with the county
sheriff, shall remove the defendant from the program and
return him or her to custody in county jail. The mechanism
of when and how the defendant is moved from custody in
juvenile hall to custody in a county jail shall be
determined by the local justice stakeholders.
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If the defendant has performed satisfactorily during the
period in which DEJ was granted, at the end of that period,
the court shall dismiss the criminal charge or charges.
Provides that a defendant shall serve no longer than one
year in custody within a county's juvenile hall pursuant to
the program.
Requires the probation department to develop a plan for
reentry services, including, but not limited to, housing,
employment, and education services, as a component of the
program.
Requires the probation department to submit data
relating to the effectiveness of the program to the DOJ,
including recidivism rates for program participants as
compared to recidivism rates for similar populations in the
adult system within the county.
Specifies that a defendant participating in the program
shall not come into contact with minors within the juvenile
hall for any purpose, including, but not limited to,
housing, recreation, or education.
Requires counties to apply to the BSCC for approval of a
county institution as a suitable place for confinement for
the purpose of the pilot program. Requires the BSCC to
review and approve or deny the applications within 30 days
of receiving notice of this proposed use.
Requires the BSCC to review a county's pilot program to
ensure compliance with requirements of federal laws
relating to "sight and sound" separation between juveniles
and adult inmates.
Provides that this section applies to a defendant who
would otherwise serve time in custody in a county jail.
Specifies that participation in a program is not to be
authorized as an alternative to a sentence involving
community supervision.
Requires each county to establish a multidisciplinary
team (MDT) to meet periodically to review and discuss the
implementation, practices, and impact of the program.
Specifies MDT representatives from law enforcement,
judiciary, county health and human services department, and
a youth advocacy group.
Requires a county that establishes a pilot program to
conduct an evaluation of its impact and effectiveness. The
evaluation shall include, but not be limited to, monitoring
the program's effect on minors in the juvenile facility, if
any, and its effectiveness with respect to program
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participants, including outcome-related data for program
participants compared to young adult offenders sentenced
for comparable crimes.
Repeals the bill's provisions on January 1, 2020.
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