BILL ANALYSIS
AB 1536
Page 1
Date of Hearing: April 24, 2001
Counsel: Fredericka McGee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 1536 (Cardenas) - As Introduced: February 23, 2001
SUMMARY : Establishes a truancy court pilot program within Los
Angeles County. Specifically, this bill :
1)Creates a pilot program within one division of the juvenile
court in Los Angeles County to hear truancy violations.
2)Provides that the truancy court shall have jurisdiction over
the truant and his or her parent(s) or guardian(s).
3)Provides that cases will be referred to the truancy court from
the School Attendance Review Board and the Los Angeles Truancy
Mediation Program.
4)Provides that the truancy court shall be staffed by a district
attorney, public defender, school district liaison, probation
officer, mental health professional, special education expert,
and a case manager who volunteer to work in the truancy court.
5)Provides that Los Angeles Countywide Criminal Justice
Coordinating Council coordinate the pilot program.
6)Appropriates $1.5 million from the state general fund to
implement the pilot program.
EXISTING LAW :
1)Provides that any minor who has four or more truancies within
one school year is under the jurisdiction of the juvenile
court and may be judged a ward of the court. [Welfare and
Institutions Code (WIC) Section 601(b).]
2)Creates the truancy mediation program to assist in the
resolution of juveniles who are habitually absent from school.
(WIC Section 601.3.)
AB 1536
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "[f]ar too many
children are dropping out of school and entering a life of
crime. Deterring one child from a life of crime saves
California $2.3 million."
2)Other States :
a) Delaware : A pilot Truancy Court was established in New
Castle County, Delaware, in March 1996. The Truancy Court,
modeled after the Drug Court concept, consolidated all
truancy cases in New Castle County into a Justice of the
Peace Court in Wilmington and involves visiting teachers, a
deputy attorney general, and a judge who follows the cases
from arraignment to trial, through a number of case reviews
(hearings after judgment to ensure compliance). Based on
success demonstrated with the Truancy Court concept, the
Justice of the Peace Court expanded the project to Sussex
County in October 1997. The Sussex County Truancy Court
hears cases once a month (based on availability of
prosecutorial resources and caseload), with 66 cases as of
January 15, 1999. The Kent County Truancy Court was
established in October 1998; as a result, the Justice of
the Peace Truancy Court functioned statewide, with 61 cases
as of January 15, 1999.
b) St. Louis, Missouri : During the 1999-2000 school year,
the Truancy Court is a voluntary diversion program within
the Family Court of St. Louis County. The Truancy Court
was implemented in the Ferguson-Florissant school district,
with seven additional districts joining the program for the
2000-2001 school year. The Truancy Court program is based
on a non-punitive foundation. To be eligible for the
program, a student should be exhibiting a pattern of
absenteeism indicated by 10 to 25 days of both unexcused
and excused absences or a history of excessive tardiness.
Students who have been adjudicated or involved with the
Family Court or come from families with open or on-going
abuse and neglect referrals are not considered ideal
candidates for the Truancy Court.
c) Rhode Island : In September 2000, a new Truancy Court
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was established inside a high school in Rhode Island and
meets every Tuesday morning. Currently, Hope High School
is the only school in Rhode Island with a Truancy Court;
within two years, Rhode Island plans to open
approximately25 courts across the state. The new courts
will be placed in schools with relative truancy problems.
The creation of the new truancy courts will depend on the
acceptance of several grant proposals. United States
Senator Lincoln Chafee has requested federal funds from the
Appropriations Committee for $1.9 million per year for the
next three years. To qualify as a truant, a student must
have five consecutive unexcused absences from school. At
that point, the Family Truancy Court will summon the child
and his or her parents to court to face the judge. In most
cases, the court requires the student and his or her family
to meet regularly with a counselor until the underlying
problem is resolved. In extreme cases, the court imposes a
fine on the parents of the truant child of $50 per
unexcused absence.
3)School Attendance Review Board (SARB) : WIC Section 601.3
provides that a truant student must begin working with his or
her school to resolve the truancy problem. If unsuccessful,
the case is referred to district personnel. If the school
district is unable to correct the problem, the matter is
referred to SARB. SARB is composed of representatives from
the community, schools, social services, mental health, law
enforcement, probation and the district attorney's office.
SARB members work collectively to provide resources and
suggestions in an effort to alleviate the circumstances
causing the truancy. SARB must exhaust all resources at the
community level before requesting that a petition be filed
against a minor and/of the parent(s) or guardian(s). In Los
Angeles County, cases referred to the district attorney for
filing are first sent to the Truancy Mediation Program for
hearing. If the truancies continue, the case if referred to
juvenile court.
4)Large Geographic Distance within Los Angeles County : This
bill requires that the proposed truancy court receive all WIC
601 Section truancy filings for Los Angeles County. A family
who lives in Palmdale in the Antelope Valley would need to
travel at least 60 miles each way to get to the court, causing
a substantial burden on a family with transportation problems,
and will also require that the parent or guardian lose a full
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day of work as opposed to a few hours of work if he or she
were able to appear at a local juvenile court. Should
participation in the pilot program be voluntary due to the
large geographic area of Los Angeles County?
5)Is the Population to be Served too Large : New Castle County,
Delaware, had 578 closed and 479 open cases from April 1, 1996
to September 15, 1999. However, Delware's population is
783,600, while Los Angeles County's population is 9,519,338.
The difference in the number of juveniles served is
significantly greater in Los Angeles County. Would it be more
appropriate to select a specific area of Los Angeles County
that will serviced by the pilot truancy court?
6)Recommended Technical Amendment : This bill refers to staffing
the truancy court with a district attorney and public
defender. The reference should be: (a) a deputy district
attorney and deputy public defender, or (b) representatives
from the district attorney's or public defender's office.
7)Prior Legislation : AB 42 (Zettel), Chapter 222, Statutes of
2000.
REGISTERED SUPPORT/OPPOSITION :
Support
California Association of Clerks and Election Officials
California Peace Officers' Association
California Police Chiefs Association
Los Angeles County District Attorney's Office
Los Angeles County Probation Officers Union (AFSCME)
Opposition
None on file
Analysis Prepared by : Fredericka McGee / PUB. S. / (916)
319-3744