BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1004


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          SENATE THIRD READING


          SB  
          1004 (Hill)


          As Amended  August 18, 2016


          Majority vote


          SENATE VOTE:  29-8


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Public Safety   |5-2  |Jones-Sawyer, Lopez,   |Melendez, Lackey     |
          |                |     |Low, Quirk, Santiago   |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |15-5 |Gonzalez, Bloom,       |Bigelow, Chang,      |
          |                |     |Bonilla, Bonta,        |Jones, Obernolte,    |
          |                |     |Calderon, Daly,        |Wagner               |
          |                |     |Eggman, Gallagher,     |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Quirk,         |                     |
          |                |     |Santiago, Weber, Wood, |                     |
          |                |     |Chau                   |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Authorizes specified counties, until January 1, 2020,  








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          to operate a deferred entry of judgment pilot program whereby  
          certain young offenders would serve time in juvenile hall rather  
          than county jail.  Specifically, this bill:


          1)Authorizes the counties of Alameda, Butte, Napa, Nevada and  
            Santa Clara to operate a deferred entry of judgment pilot  
            program.


          2)Provides that a defendant may participate in the program  
            within the county's juvenile hall if that person is charged  
            with committing a felony offense, other than the offenses  
            listed, he or she pleads 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 described;


             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 current or prior conviction a violent or  
               serious felony or other specified serious offenses; and,








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


          3)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.


          4)Excludes a defendant who is required to register as a sex  
            offender or if he or she has been convicted of committing a  
            violent felony, serious felony, or one of the offenses  
            enumerated in existing provisions of law authorizing juveniles  
            to be tried in adult court.


          5)States that the court shall grant deferred entry of judgment  
            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.


          6)Provides that if the probation department determines that the  
            defendant is not eligible for the deferred entry of judgment  
            program or the defendant does not consent to participate in  
            the program, the proceedings shall continue as in any other  
            case.


          7)Authorizes the probation department to file a motion for entry  
            of judgment 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.








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          8)States that if the defendant has performed satisfactorily  
            during the period in which deferred entry of judgment was  
            granted, at the end of that period, the court shall dismiss  
            the criminal charge or charges.


          9)Limits the time a defendant may serve in juvenile hall to one  
            year.


          10)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.


          11)States that the probation department shall submit data  
            relating to the effectiveness of the program to the Division  
            of Recidivism Reduction and Re-Entry, within the Department of  
            Justice, including recidivism rates for program participants  
            as compared to recidivism rates for similar populations in the  
            adult system within the county.


          12)Prohibits defendants participating in the program from coming  
            into contact with minors within the juvenile hall for any  
            purpose.


          13)Requires a county to apply to the Board of State and  
            Community Corrections (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.


          14)Requires that a county that establishes this program to work  








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            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


          15)Specifies that the program applies to a defendant who would  
            otherwise serve time in custody in a county jail, and  
            participation in the program shall not be authorized as an  
            alternative to a sentence involving community supervision.


          16)Requires each county to establish a multidisciplinary team  
            that meets periodically to review and discuss the  
            implementation, practices, and impact of the program, and  
            specifies groups that shall be represented on the team.


          17)Requires a county that establishes a pilot program pursuant  
            to the provisions in this bill to submit data to BSCC and  
            requires BSCC to conduct an evaluation of the pilot program's  
            impact and effectiveness. 


          18)Specifies that the data submitted to BSCC must be used for  
            purposes of evaluating the pilot program's impact and  
            effectiveness.


          19)Specifies that BSCC's evaluation shall include, but not be  
            limited to, evaluating each pilot program's impact on  
            sentencing and impact on opportunities for community  
            supervision, monitoring the program's effect on minors in the  
            juvenile facility, if any, and its effectiveness with respect  
            to program participants, including outcome-related data for  
            program participants compared to young adult offenders  
            sentenced for comparable crimes.










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          20)Requires each evaluation to be combined into an inclusive  
            report and submitted to the Assembly and Senate Public Safety  
            Committees.


          21)Provides that BSCC may contract out to an independent entity,  
            including, but not limited to, the University of California,  
            to perform the evaluation.


          EXISTING LAW:


          1)States 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.  "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. 


          2)Provides, notwithstanding any other law, 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 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  








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            person may be allowed to come into or remain in contact with  
            any other person detained in the institution subject to the  
            specified requirements.  


          3)Requires the county to apply to the Corrections Standard  
            Authority (now 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 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.  The authority shall  
            review and approve or deny the application of the county  
            within 30 days of receiving notice of this proposed use.  In  
            its review, the authority shall take into account the  
            available programming, capacity, and safety of the institution  
            as a place for the combined confinement and rehabilitation of  
            individuals under the jurisdiction of the juvenile court who  
            are over 19 years of age and those who are under 19 years of  
            age.  


          4)Authorizes various diversion programs 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.  Generally, deferred entry of judgment programs are  
            created and run at the discretion of the district attorney.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Unknown nonreimbursable cost to the five participating  
            counties for housing and programming; however, these costs are  
            offset by avoiding longer terms served in county jails and by  








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            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:  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 20s.  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."




          Please see the policy committee analysis for a full discussion  








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          of this bill.




          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0004466