BILL ANALYSIS Ó
SB 1004
Page 1
SENATE THIRD READING
SB
1004 (Hill)
As Amended August 18, 2016
Majority vote
SENATE VOTE: 29-8
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|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 | |
| | | | |
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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