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.  







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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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