BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1004|
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UNFINISHED BUSINESS
Bill No: SB 1004
Author: Hill (D)
Amended: 8/18/16
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
SENATE FLOOR: 29-8, 6/2/16
AYES: Allen, Anderson, Beall, Block, Cannella, De León,
Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill,
Hueso, Huff, Jackson, Lara, Leno, Liu, McGuire, Mendoza,
Mitchell, Monning, Moorlach, Pan, Pavley, Roth, Wieckowski,
Wolk
NOES: Berryhill, Fuller, Gaines, Morrell, Nguyen, Nielsen,
Stone, Vidak
NO VOTE RECORDED: Bates, Leyva, Runner
ASSEMBLY FLOOR: 58-18, 8/22/16 - See last page for vote
SUBJECT: Young adults: deferred entry of judgment pilot
program
SOURCE: Author
DIGEST: This bill authorizes specified counties, until January
1, 2020, to operate a deferred entry of judgment pilot program
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Page 2
whereby certain convicted young adult offenders would serve time
in juvenile hall rather than county jail.
Assembly Amendments change the name of the program from
Transitional Youth Diversion to Deferred Entry of Judgment;
require the Board of State and Community Corrections (BSCC) to
conduct an evaluation, as specified; require pilots to submit
data to the BSCC, as specified; narrow program eligibility to
exclude offenses enumerated in Welfare and Institutions Code
Section 707(b) and persons required to register as sex
offenders; and make additional largely technical revisions
consistent with the purposes of the bill.
ANALYSIS:
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
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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.
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.
This bill:
1) Authorizes the Counties of Alameda, Butte, Napa, Nevada and
Santa Clara to operate a deferred entry of judgment pilot
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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,
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.
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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.
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
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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 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
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
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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.
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
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
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.
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3)Minor absorbable cost to BSCC 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.
SUPPORT: (Verified8/22/16)
Alameda County Board of Supervisors
Butte County Board of Supervisors
California Police Chiefs Association
California Public Defenders Association
California Youth Empowerment Network
Chief Probation Officers of California
Santa Clara County Board of Supervisors
OPPOSITION: (Verified8/22/16)
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
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.
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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.
. . . (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
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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.
ASSEMBLY FLOOR: 58-18, 8/22/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom,
Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu,
Chu, Cooley, Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher,
Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,
Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden,
Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Chávez, Dahle, Beth
Gaines, Grove, Harper, Jones, Linder, Maienschein, Mathis,
Mayes, Obernolte, Patterson, Steinorth, Wagner, Waldron
NO VOTE RECORDED: Chang, Cooper, Kim, Melendez
Prepared by:Alison Anderson / PUB. S. /
8/23/16 18:11:38
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