BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1004 (Hill) - Transitional youth diversion program ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 21, 2016 |Policy Vote: PUB. S. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 9, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 ? 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 SB 1004 (Hill) Page 2 of ? 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 SB 1004 (Hill) Page 3 of ? 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. SB 1004 (Hill) Page 4 of ? 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 SB 1004 (Hill) Page 5 of ? 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. -- END --