BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1589|
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UNFINISHED BUSINESS
Bill No: SB 1589
Author: Romero (D)
Amended: 8/24/06
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
SENATE FLOOR : 21-14, 5/30/06
AYES: Alarcon, Alquist, Cedillo, Chesbro, Escutia,
Figueroa, Florez, Kehoe, Kuehl, Lowenthal, Machado,
Migden, Murray, Perata, Romero, Scott, Simitian, Soto,
Speier, Torlakson, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Cox, Denham,
Dutton, Hollingsworth, Maldonado, Margett, McClintock,
Morrow, Poochigian, Runner
NO VOTE RECORDED: Bowen, Ducheny, Dunn, Ortiz, Vacancy
ASSEMBLY FLOOR : 43-34, 8/28/06 - See last page for vote
SUBJECT : Juvenile justice: Division of Juvenile Justice
SOURCE : Author
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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.
Assembly Amendments (1) deleted the provision requiring
"priority to the placement of female offenders, (2) added
provisions ensuring that the requirements of the DJJ's
Safety and Remedial Plan are met by outside contracting
entities, if any, and (3) added legislative findings and
declarations.
ANALYSIS : This bill states that the Legislature finds
and declares all of the following:
1. The Legislature believes that the DJJ shall provide
female wards with the necessary programs and training to
rehabilitate the majority of those female wards.
Therefore, it is the intent of the Legislature that the
DJJ seeks to enter into contracts to place female wards
with providers outside of DJJ facilities.
2. If governmental entities can provide gender-specific
programs that are equal to programs that can be provided
by qualified private parties, it is further the intent
of the Legislature that preference be given to placing
those females with governmental entities.
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 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
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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 programs outside of division facilities for
female offenders, if those programs are available and
consistent with the protection of the public. 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 programs within
division facilities."
This bill requires DJJ, "(g)iven the small number of female
offenders and their specialized needs, . . . (to) explore
options to provide programs for female offenders outside of
division facilities."
This bill provides that if the DJJ contracts with outside
entities to provide services to female wards, the DJJ shall
ensure that those contracting entities will meet the
requirements of the DJJ's Safety and Welfare Remedial Plan,
dated July 10, 2006, particularly the requirement that
females receive gender-specified services equal to those
provided to males under the rehabilitative model, any
subsequently agreed to remedial plan, or any plan
subsequently authorized by the Legislature. If the DJJ
wishes to transfer control of the Ventura Youth
Correctional Facility to the Division of Adult
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Institutions, the DJJ shall seek the approval of the
Legislature.
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 8/28/06)
Books Not Bars
California National Organization for Women
Youth Law Center
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
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
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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."
ASSEMBLY FLOOR :
AYES: Arambula, Bass, Berg, Calderon, Chan, Chavez, Chu,
Cohn, Coto, De La Torre, Dymally, Evans, Frommer,
Goldberg, Hancock, Jerome Horton, Jones, Karnette, Klehs,
Koretz, Laird, Leno, Levine, Lieber, Lieu, Liu, Matthews,
Montanez, Mullin, Nation, Negrete McLeod, Oropeza, Parra,
Pavley, Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico,
Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Baca, Benoit, Bermudez, Blakeslee, Bogh,
Cogdill, Daucher, DeVore, Emmerson, Garcia, Haynes,
Shirley Horton, Houston, Huff, Keene, La Malfa, La Suer,
Leslie, Maze, McCarthy, Mountjoy, Nakanishi, Niello,
Plescia, Richman, Sharon Runner, Spitzer, Strickland,
Tran, Umberg, Villines, Walters, Wyland
NO VOTE RECORDED: Canciamilla, Nava, Vacancy
RJG:mel 8/31/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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