BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  SB 1004
          Author:   Hill (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-1, 4/12/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Stone
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  5-1, 5/27/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Nielsen
           NO VOTE RECORDED:  Bates

           SUBJECT:   Transitional youth diversion program


          SOURCE:    Author

          DIGEST:   This bill authorizes five specified counties to  
          establish a three-year deferred entry of judgment pilot program  
          under which young adults (18-20) convicted of non-violent,  
          non-serious and non-sex felonies and who are otherwise suitable  
          would serve their custodial time in a juvenile hall instead of a  
          jail, as specified.


          ANALYSIS:  


          Existing law:









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           1) Includes various diversion and deferred entry of judgment  
             programs under which a person arrested for and charged with a  
             crime is diverted from the prosecution system and placed in a  
             program of rehabilitation or restorative justice. Upon  
             successful completion of the program, the charges and  
             underling arrest are deemed to not have occurred, with  
             specified exceptions.  


           2) Provides that when any person under 18 years of age is  
             detained in or sentenced to any institution in which adults  
             are confined, it shall be unlawful to permit such person to  
             come or remain in contact with such adults. 


           3) Provides that in any case in which a minor who is detained  
             in or committed to a county juvenile institution attains 18  
             years of age prior to or during the period of detention or  
             confinement he or she may be allowed to come or remain in  
             contact with those juveniles until 19 years of age, at which  
             time he or she, upon the recommendation of the probation  
             officer, shall be delivered to the custody of the sheriff for  
             the remainder of the time he or she remains in custody,  
             unless the juvenile court orders continued detention in a  
             juvenile facility. If continued detention is ordered for a  
             ward under the jurisdiction of the juvenile court who is 19  
             years of age or older but under 21 years of age, the detained  
             person may be allowed to come into or remain in contact with  
             any other person detained in the institution, as specified  
             and limited. The person shall be advised of his or her  
             ability to petition the court for continued detention in a  
             juvenile facility at the time of his or her attainment of 19  
             years of age. The sheriff may allow the person to come into  
             and remain in contact with other adults in the county jail or  
             in any other county correctional facility in which he or she  
             is housed.


           4) Provides that a county is required to apply to the Board of  
             State and Community Corrections (BSCC) for approval of a  
             county institution established for the purpose of housing  
             juveniles as a suitable place for confinement before the  
             institution is used for the detention or commitment of an  







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             individual under the jurisdiction of the juvenile court who  
             is 19 years of age or older but under 21 years of age where  
             the detained person will come into or remain in contact with  
             persons under 18 years of age who are detained in the  
             institution, as specified.  (WIC § 208.5.)


          This bill: 


           1) Authorizes the counties of Alameda, Butte, Napa, Nevada and  
             Santa Clara to establish a pilot juvenile hall program  
             entitled the "Transitional Youth Diversion Program"  
             (program), as specified.


           2) Provides that the program applies to persons charged with  
             committing a felony, other than the offenses listed (below),  
             who plead guilty to the charge or charges, and the probation  
             department determines that the person meets all of the  
             following requirements:


             a)   Is 18 years of age or older, but under 21 years of age  
               on the date the offense was committed.


             b)   Is suitable for the program after evaluation using a  
               risk assessment tool, as specified.


             c)   Shows the ability to benefit from services generally  
               reserved for delinquents, including, but not limited to,  
               cognitive behavioral therapy, other mental health services,  
               and age-appropriate educational, vocational, and  
               supervision services, that are currently deployed under the  
               jurisdiction of the juvenile court.


             d)   Meets the rules of the juvenile hall.


             e)   Does not have a prior or current serious or violent  
               offense conviction, as specified.







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             f)   Is not required to register as a sex offender.


           3) Requires an evaluation process using a risk assessment tool  
             to determine eligibility for the program, as specified.


           4) Excludes non-felonies, serious and violent felonies, and sex  
             crimes from the program, as specified.


           5) Provides that the program would apply to a defendant who  
             would otherwise serve time in custody in a county jail, and  
             would not be authorized as an alternative to a sentence  
             involving community supervision.


           6) Provides that a defendant shall serve no longer than one  
             year in custody within a county's juvenile hall pursuant to  
             the program.


           7) Requires a county to apply to the BSCC for approval of a  
             county institution as a suitable place for confinement for  
             the purpose of the pilot program prior to establishing the  
             program, as specified.   


           8) Requires 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."


           9) Requires that a county that establishes this program to work  
             with the BSCC to ensure compliance with requirements of the  
             federal Juvenile Justice and Delinquency Prevention Act  
             relating to "sight and sound" separation between juveniles  
             and adult inmates.


           10)Provides for dismissal of the criminal charges of the  







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             defendant performs satisfactorily during the program, and for  
             entry of judgment if and when the defendant performs  
             unsatisfactorily, as specified.


           11)Requires probation to develop a plan for reentry services,  
             as specified. 


           12)Requires probation to submit data relating to the  
             effectiveness of the program to the Division of Recidivism  
             Reduction and Re-Entry, within the Department of Justice, as  
             specified.


           13)Require participating counties to establish a  
             multidisciplinary team with specified members, which meets  
             periodically to review and discuss the implementation,  
             practices, and impact of the program.  


           14)Requires participating counties to conduct an evaluation of  
             its impact and effectiveness, as specified. 


           15)Sunsets this program on January 1, 2020.


           16)Contains legislative findings authorizing the specification  
             of certain counties in the bill.


          Background


          This bill authorizes five counties - Alameda, Butte, Napa,  
          Nevada, and Santa Clara - to operative a pilot program where  
          certain young adult offenders would serve their time in a  
          juvenile hall instead of a jail.  The young adults must be under  
          the age of 21, and not convicted of a serious, violent or sex  
          crime.  They also would have to be assessed and found suitable  
          for the program.









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          As structured by this bill, this would be a deferred entry of  
          judgment program - which means while participants would have to  
          plead guilty to be eligible for the program, if they succeed in  
          the program the criminal charges would be dismissed.  Probation  
          would be required to develop a plan for reentry services,  
          including, but not limited to, housing, employment, and  
          education services, as a component of the program.  This bill  
          has a three-year sunset.


          As discussed by the Senate Public Safetly Committee in many  
          hearings on juvenile law and sentencing youthful offenders over  
          the past several years, the science of adolescent brain  
          development has become very relevant in crafting state and  
          national law and policy.  


          A 2014 policy paper quoted in the policy analysis of this bill  
          noted in part, "There is now incontrovertible evidence that  
          adolescence is a period of significant changes in brain  
          structure and function.  Although most of this work has appeared  
          just in the past 15 years, there is already strong consensus  
          among developmental neuroscientists about the nature of these  
          changes. And the most important conclusion to emerge from recent  
          research is that important changes in brain anatomy and activity  
          take place far longer into development than had been previously  
          thought. . . .  These structural and functional changes do not  
          all take place along one uniform timetable, and the differences  
          in their timing raise two important points relevant to the use  
          of neuroscience in public policy. First, there is no simple  
          answer to the question of when an adolescent brain becomes an  
          adult brain. Brain systems implicated in basic cognitive  
          processes reach adult levels of maturity by mid-adolescence,  
          whereas those that are active in self-regulation do not fully  
          mature until late adolescence or even early adulthood. In other  
          words, adolescents mature intellectually before they mature  
          socially or emotionally, a fact that helps explain why teenagers  
          who are so smart in some respects sometimes do surprisingly dumb  
          things."


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No








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          According to the Senate Appropriations Committee:


           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.  
            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: 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  







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            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**: Appropriations Committee 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)


          SUPPORT:   (Verified5/31/16)


          Alameda County Board of Supervisors
          Butte County Board of Supervisors
          California Police Chiefs Association
          California Public Defenders Association
          Chief Probation Officers of California
          California Youth Empowerment Network
          Santa Clara County Board of Supervisors


          OPPOSITION:   (Verified5/31/16)


          Commonweal The Juvenile Justice Program
          Pacific Juvenile Defender Center


          ARGUMENTS IN SUPPORT:  The author states in part:


            Under current law, young adult offenders convicted of  
            specified crimes serve their sentence locally in county jails.  
            But while legally they are adults, young offenders age 18-21  







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            are still undergoing significant brain development and it's  
            becoming clear that this age group may be better served by the  
            juvenile justice system with corresponding age appropriate  
            intensive services. Research shows that people do not develop  
            adult-quality decision-making skills until their early 20's.  
            This can be referred to as the "maturity gap." Because of  
            this, young adults are more likely to engage in risk-seeking  
            behavior which may be cultivated in adult county jails where  
            the young adults are surrounded by older, more hardened  
            criminals.


            As such, in order to address the criminogenic and behavioral  
            needs of young adults, it is important that age appropriate  
            services are provided, services they may not get in adult  
            county jails. Juvenile detention facilities have such services  
            available for young adults including, but not limited to,  
            cognitive behavioral therapy, mental health treatment,  
            vocational training, and education, among others.


          ARGUMENTS IN OPPOSITION:     The Pacific Juvenile Defender  
          Center states in part:


            Though we strongly support efforts to allow transitional age  
            youth to access rehabilitative services, the approach taken by  
            SB 1004 runs counter to the research that shows that  
            incarceration and detention of youth may increase recidivism  
            and impede successful life outcomes.


            The program outlined in SB 1004 is troubling primarily because  
            the program is based in a custodial setting and appears to be  
            intended for those charged with misdemeanor offenses.  Such  
            individuals would be better served by a community-based,  
            out-of-custody rehabilitation setting than an in-custody  
            program provided by probation. Studies have shown that  
            incarcerating youth can increase recidivism.  Researchers have  
            reported higher levels of substance abuse, school  
            difficulties, delinquency, violence and adjustment  
            difficulties in adulthood for those who have been treated in  
            settings where deviant/delinquent youth are brought together  
            for treatment.







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            . . .  (T)his bill is troubling because this program could  
            very well have a greater impact on communities of color. As it  
            stands, African Americans and Latinos make up a  
            disproportionate percentage of drug arrests and jail and  
            prison populations. Without any purposeful measures to ensure  
            against such overrepresentation by African American and Latino  
            defendants, these diversion programs could he yet another  
            reflection of that disproportionate impact.

          Prepared by:Alison Anderson / PUB. S. / 
          5/31/16 21:31:44


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