BILL ANALYSIS
AB 999
Page A
ASSEMBLY THIRD READING
AB 999 (Skinner)
As Amended March 31, 2009
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 11-5
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|Ayes:|Solorio, Furutani, Hill, |Ayes:|De Leon, Ammiano, Charles |
| |Ma, Skinner | |Calderon, Davis, Krekorian, |
| | | |Hall, John A. Perez, Price, |
| | | |Skinner, Solorio, Torlakson |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Hagman, Gilmore |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
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SUMMARY : Prohibits the Division of Juvenile Facilities (DJF) in
the California Department of Corrections and Rehabilitation
(CDCR) from extending or postponing a ward's parole
consideration date but would permit forfeiture of time credits
for sustained serious misconduct and implements a time credit
program. Specifically, this bill :
1)Permits DJF to possess power and duty over program time
credits.
2)Allots program time credits for performance in education,
rehabilitation, vocational education, training, drug
treatment, anger management, therapeutic, work, and other
programs meant to prepare a ward for successful reentry into
society. For every month of satisfactory performance in a
credit qualifying program, as designated by the Chief Deputy
Secretary for Division of Juvenile Justice (DJJ), the parole
consideration date of a ward shall be advanced one month
earlier.
3)Requires DJF to promulgate policies and regulations
implementing a division-wide system if gradated sanctions for
addressing ward disciplinary matters. DJF shall not extend or
postpone a ward's parole consideration date. Sanctions for
sustained serious misconduct may include forfeiture of program
AB 999
Page B
time credits. In any case in which a program time credit has
been forfeited, the disposition report shall clearly state the
reasons for the forfeiture. The length of any program time
credit forfeiture shall be based on the seriousness of the
misconduct, the ward's prior disciplinary history, the ward's
progress toward treatment objectives, the ward's earned
program time credits, and any extenuating or mitigating
circumstances. A document signed by a DJF official shall be
provided to each ward defining what conduct constitutes
"serious misconduct."
EXISTING LAW :
1)Provides that any ward may appeal an adjustment to his or her
parole consideration date to a panel comprised of at least two
commissioners.
2)Gives DJF the power and duty to return of persons to the court
of commitment for redisposition by the court, determination of
offense category, setting of parole consideration dates,
conducting annual reviews, treatment program orders,
institution placements, furlough placements, return of
nonresident persons to the jurisdiction of the state of legal
residence, disciplinary decision making, and referrals.
3)Provides that DJF shall promulgate policies and regulations
implementing a department-wide system of graduated sanctions
for addressing ward disciplinary matters. The disciplinary
decision-making system shall be employed as the disciplinary
system in facilities under DJJ's jurisdiction, and shall
provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures
the due process rights of wards. DJJ shall develop and
implement a system of graduated sanctions which distinguishes
between minor, intermediate, and serious misconduct. DJJ may
extend a ward's parole consideration date, subject to appeal,
from one to not more than 12 months, inclusive, for a
sustained serious misconduct violation if all other
sanctioning options have been considered and determined to be
unsuitable in light of the ward's previous case history and
the circumstances of the misconduct. In any case in which a
parole consideration date has been extended, the disposition
report shall clearly state the reasons for the extension. The
length of any parole consideration date extension shall be
AB 999
Page C
based on the seriousness of the misconduct, the ward's prior
disciplinary history, the ward's progress toward treatment
objectives, the ward's earned program credits, and any
extenuating or mitigating circumstances. DJJ shall promulgate
regulations to implement a table of sanctions to be used in
determining parole consideration date extensions. DJJ also
may promulgate regulations to establish a process for granting
wards who have successfully responded to disciplinary
sanctions a reduction of up to 50% of any time acquired for
disciplinary matters.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, as proposed, this bill could save hundreds
of millions of dollars (General Fund) by dramatically reducing
DJF length-of-stay. While the bill needs additional development
and leaves unanswered several questions, such as the application
of presumptive credits in an indeterminate sentence system, and
whether existing time-cuts would be subsumed by the proposed
credit scheme, and while it is not possible to precisely
estimate the overlay of additional credits and reduced
time-adds, by adding credits and eliminating time-adds, this
proposal would result in a massive net savings over the course
of about three years.
COMMENTS : According to the author, "AB 999 will replace the
ineffective system of punitive discipline in California's DJJ
youth prisons with a system that provides youth with incentives
to participate in their education and programming in a positive
manner. AB 999 gives youth the opportunity to earn program
credits that allow them to appear before the Juvenile Parole
Board at an earlier date. AB 999 also eliminates the DJJ's
outdated use of 'time adds,' an ineffective disciplinary
practice that contributes to disproportionately long sentences
for youth in California. AB 999 is modeled after Penal Code
Sections 2931 and 2933, which allow adult prisoners to earn time
credits for program participation. As under the adult system,
AB 999 provides that consequences for misconduct shall include
forfeiture of earned time credit, under specified conditions.
"Youth in DJJ currently spend an average of nearly three years
behind bars, three times as long as the national average
sentences, based on data from 19 other states. Over a third of
the time that a young person is incarcerated in a state facility
is due to 'time adds.' Time adds are a disciplinary sanction,
AB 999
Page D
imposed by DJJ personnel, that delays a youth's eligibility to
appear before the Parole board. While an appearance before the
Board does not guarantee release, AB 999 will provide youth with
more opportunities to demonstrate their readiness for release.
AB 999 rules are clear and concise, and easily understandable to
a ward and his family - follow the rules, make best use of the
programs here, and you will have an opportunity to be seen by
the parole board earlier. If however, you commit serious
misconduct, you will lose the credits you have earned to date.
"Research finds that youth in schools and institutions respond
better to a balanced approach that combines predictable rewards
and predictable discipline, than a system based on punishment
alone. Research on persons with conduct disorders, or impulse
disorders, finds that incentive systems are far superior to the
threat of punishment, in fostering desired behaviors and values.
"The incentives provided to youth under AB 999 are similar to
incentives already provided to adults. In fact, they do not go
as far. AB 999 does not provide for early release dates as are
provided to adults, not does it provide for so-called
'good-time' credits which can reduce an adult's sentence by up
to a third. AB 999 is incremental, providing for an
understandable and balanced approach offering both incentives
and discipline, and allowing youth to earn an earlier parole
consideration hearing."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0000784