BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1589|
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THIRD READING
Bill No: SB 1589
Author: Romero (D)
Amended: 5/17/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 4/25/06
AYES: Migden, Cedillo, Perata, Romero
NOES: Poochigian, Margett
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SUBJECT : Juvenile justice: Division of Juvenile Justice
SOURCE : Author
DIGEST : This bill (1) requires the Division of Juvenile
Justice (DJJ) to explore options for specialized
programming for high risk or high needs wards outside of
DJJ, as specified, and (2) authorizes DJJ to consider
certain changes pertaining to its composition, as
specified.
ANALYSIS : Current law provides that the California
Department of Corrections and Rehabilitation (CDCR), DJJ,
has jurisdiction over all educational training and
treatment institutions now or hereafter established and
maintained in the state as correctional schools for the
CONTINUED
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reception of wards of the juvenile court and other persons
committed to CDCR.
Current law provides that DJJ "may do all lawful acts which
it deems necessary to effectuate the purposes for which
such schools are established, and to promote the
well-being, education and reformation of the inmates
thereof; but the authority shall not incur any indebtedness
in excess of the moneys appropriated or otherwise made
available for the use of such schools."
Current law authorizes DJJ, in "order to provide counties
with alternative placement options, ? to establish,
maintain, or facilitate the development of regional
centers, which may be available on a contract basis to
counties for the placement of wards. The regional centers,
depending on the services needed, may provide, but are not
limited to, the following: mental health programs,
short-term incarceration and treatment services, and boot
camp programs. This section shall not be interpreted to
prohibit counties from jointly developing regional
centers."
This bill requires DJJ to "explore options to provide
specialized programming outside of division facilities for
high risk or high need offenders, if programming is
available. Specialized programs for these offenders shall
take into account commitment offenses, delinquency history,
age, gender, medical and mental health condition, risk
levels, and any other commitment criteria."
This bill further authorizes DJJ to "also consider changes
with respect to eligibility, age, jurisdiction, or length
of confinement in order to ensure quality programming
within division facilities."
This bill requires DJJ, "(g)iven the small number of female
offenders and their specialized needs, . . . (to) explore
options to provide programming for female offenders outside
of division facilities." In considering these options, the
DJJ shall give priority for the placement of female
offenders to governmental agencies or, if those options are
not appropriate or available for the placement of female
offenders, the DJJ shall report any and all other
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alternatives to the Legislature at that time. The DJJ
shall transfer all female offenders out of division
facilities as expediently as possible.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Programming, relocation Unknown, likely at least
$6 million General
SUPPORT : (Verified 5/25/06)
California National Organization for Women
OPPOSITION : (Verified 5/25/06)
California Correctional Peace Officers Association
California District Attorneys Association
Chief Probation Officers of California
ARGUMENTS IN SUPPORT : The author states in part:
"The Division of Juvenile Justice currently houses
approximately 130 female wards, which is less than 5%
of the total juvenile offender population in state
custody. Yet, the Ventura Youth Correctional facility,
in which the female wards are housed, currently costs
the state over $31,000,000?
"?In the recent Accountability Audit of 2005, the
Office of the Inspector General found that 30% of
classes were being cancelled due to an unavailability
of teachers. Although the OIG found significant
improvement from a 2002 audit conducted when Ventura
was still a co-educational facility, the OIG also found
that improvements could be made in the provision of
health, mental health, education, and in staff training
and safety. The OIG also recommended the
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implementation of better fiscal controls to mitigate
the bloated Ventura budget.
"Other problems relating to the gender-specific needs
of the population also continue to exist-such as a lack
of comprehensive policies and procedures governing the
medical care of the female wards. As part of the
reorganization, the California Department of
Corrections and Rehabilitation convened the Gender
Responsive Strategies Commission to come up with
policies and procedures that would efficiently meet the
gender-specific needs of the female population in
corrections. Official recommendations have yet to
emerge in the report."
ARGUMENTS IN OPPOSITION : The California Correctional
Peace Officers Association (CCPOA), which opposes this
bill, argues that "DJJ has proposed a reasonable plan for
addressing the current program deficiencies. To require
the transfer of female offenders out of DJJ facilities even
before an appropriate alternative has been identified seems
premature to us. We would prefer that the division's
program enhancements be given a chance to work."
CCPOA further argues that "the Administration has included
significant resources in its budget proposal to begin to
address the serious program deficiencies in DJJ operations.
In our view it is counter-productive to divert attention
away from implementation of these program enhancements to
the study required by SB 1589. We are also concerned that
the study may consider options that could be operated by
the private sector for profit - an option contrary to our
views of the appropriate role for government in the public
safety arena."
RJG:mel 5/26/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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