BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1004  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1004  
          (Hill) - As Amended August 1, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes a pilot program in the counties of Alameda,  
          Butte, Napa, Nevada and Santa Clara, until January 1, 2020, to  
          operate a deferred entry of judgment pilot program whereby  
          certain offenders, between 18 and 21 years of age, can serve  
          time in juvenile hall rather than county jail. 


          FISCAL EFFECT:


          1)Unknown nonreimbursable cost to the five participating  
            counties for housing and programming; however, these costs are  








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            offset by avoiding longer terms served in county jails and by  
            keeping participating young offenders out of the system in the  
            future. 


          2)Minor absorbable cost to the Department of Justice to process  
            recidivism data submitted by the participating counties. 


          3)Minor absorbable cost to the Board of State and Community  
            Corrections to review the suitability of the county  
            institution for confinement of program participants prior to  
            county's participation.  The required review can take place as  
            part of the existing audit/certification role over juvenile  
            halls. 


          COMMENTS:


          1)Background.  Under current law, when any person under 18 years  
            of age is detained in or sentenced to any institution in which  
            adults are confined, it is unlawful to permit such person to  
            come or remain in contact with such adults.  "Contact" does  
            not include participation in supervised group therapy or other  
            supervised treatment activities, participation in work  
            furlough programs, or participation in hospital recreational  
            activities which are directly supervised by employees of the  
            hospital, so long as living arrangements are strictly  
            segregated and all precautions are taken to prevent  
            unauthorized associations. 


            Current law also provides that in any case in which a minor  
            who is detained in or committed to a county institution  
            established for the purpose of housing juveniles 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  








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            time he or she, upon the recommendation of the probation  
            officer, must 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 subject to the specified  
            requirements.


          2)Purpose.  According to the author, "While legally they are  
            adults, young offenders age 18-21 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.

            "SB 1004 will allow specific counties to adopt a pilot program  
            that gives young adult offenders the opportunity to take  
            advantage of the supportive and educational services in the  
            juvenile justice system, rather than serve their time in an  
            adult county jail."


          3)Support. Chief Probation Officers of California write, "it's  
            becoming clear that this age group represents a population  
            that may be better served in the juvenile justice system with  
            age appropriate intensive services."


          4)Opposition:  Commonweal, the Juvenile Justice Program, states,  
            "The juvenile hall education program is presently geared to  
            meet school-age requirements, not to serve continuing  
            education needs of young adults. Vocational and re-entry  








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            services are largely non-existent in the context of juvenile  
            hall operations. Mental health services vary greatly by county  
            and may not be oriented to a young adult population; for  
            example, counties with Mentally Ill Offender Crime Reduction  
            (MIOCR) - Juvenile grants may not be able to apply those  
            resources to young adults.  The bill does not outline or  
            include program elements that are specific to the proposed  
            young adult population."


          5)Prior Legislation:  SB 261 (Hancock), Chapter 471, Statutes of  
            2015, expanded the youth offender parole process, a parole  
            process for persons sentenced to lengthy prison terms for  
            crimes committed before attaining 18 years of age, to include  
            those who have committed their crimes before attaining the age  
            of 23.


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081