BILL ANALYSIS Ó SB 1004 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1004 (Hill) - As Amended August 1, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 1004 Page 2 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 SB 1004 Page 3 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 SB 1004 Page 4 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