BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2350|
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THIRD READING
Bill No: AB 2350
Author: Hill (D)
Amended: 4/12/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 72-0, 4/15/10 - See last page for vote
SUBJECT : Juvenile justice: status offenders
SOURCE : Department of Corrections and Rehabilitation
DIGEST : This bill provides that status offenders cannot
be held in custody for more than 24 hours except pursuant
to the Interstate Juvenile Compact, as specified, to assure
compliance with the federal Juvenile Justice and
Delinquency Prevention Act.
ANALYSIS : Current law generally prescribes under what
circumstances and for how long a minor can be detained in
any jail, lockup, juvenile hall, or other secure facility,
who is taken into custody solely upon the ground that
he/she is a "status" offender - that is, a minor who has
engaged in prohibited conduct that is not a crime, as
specified. (Section 207 of the Welfare and Institutions
Code [WIC])
CONTINUED
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2
Current law provides that a minor taken into custody upon
the ground that he/she is a status offender "may be held in
a secure facility, other than a facility in which adults
are held in secure custody, in any of the following
circumstances:
1. For up to 12 hours after having been taken into custody
for the purpose of determining if there are any
outstanding wants, warrants, or holds against the minor
in cases where the arresting officer or probation
officer has cause to believe that the wants, warrants,
or holds exist.
2. For up to 24 hours after having been taken into custody,
in order to locate the minor's parent or guardian as
soon as possible and to arrange the return of the minor
to his or her parent or guardian.
3. For up to 24 hours after having been taken into custody,
in order to locate the minor's parent or guardian as
soon as possible and to arrange the return of the minor
to his or her parent or guardian, whose parent or
guardian is a resident outside of the state wherein the
minor was taken into custody, except that the period may
be extended to no more than 72 hours when the return of
the minor cannot reasonably be accomplished within 24
hours due to the distance of the parents or guardian
from the county of custody, difficulty in locating the
parents or guardian, or difficulty in locating resources
necessary to provide for the return of the minor." (WIC
Section 207(b))
This bill deletes paragraph #3 above, and revise paragraph
#2 above to authorize the detention of a status offender in
a secured facility for up to 24 hours after having been
taken into custody, in order to locate the minor's parent
or guardian as soon as possible and to arrange the return
of the minor to his/her parent or guardian, with the
exception of an out-of-state runaway who is being held
pursuant to the Interstate Compact for Juveniles.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
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Department of Corrections and Rehabilitation (source)
California District Attorneys Association
Los Angeles Probation Officers' Union, AFSCME, Local 685
Riverside Sheriffs' Association
ARGUMENTS IN SUPPORT : The author states:
"In the mid 1950s, a number of federal public safety and
juvenile interest entities worked together to create the
Interstate Compact on Juveniles (ICJ), with the purpose
of creating a system whereby status offenders across
state lines could be returned to their families. In
1982, the federal government passed the Juvenile Justice
and Delinquency Prevention Act (JJDP Act) as a means to
fund ICJ activities. By 1986, the ICJ was adopted by all
50 states, the District of Columbia, the Virgin Islands,
and Guam.
"In 2008, an audit by the Federal government's Office of
Juvenile Justice and Delinquency Prevention (OJJDP) found
that California was out of state compliance with its
regulations because it stated that an out-of-state status
offender could be held in custody for up to 72 hours.
This was out of compliance with federal funding
guidelines, which stated that a status offender should be
held for no more than 24 hours except if being held
pursuant to the ICJ.
"As a rule, the California Department of Corrections and
Rehabilitation (CDCR) keeps its status offenders in
custody for the least amount of time possible. Now,
especially with prison overcrowding and expensive bed
space, CDCR has an incentive to move status offenders out
of custody as quickly as possible.
"However, due to the statutory inconsistency, the OJJDP
has found that CA is not in compliance with federal law,
and therefore will be ineligible for federal grants. The
audit suggested that a statutory change be made to
correct the discrepancy.
"If California becomes ineligible, it will lose a
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significant amount of funding for juvenile crime
prevention. California gets the largest amount of
funding, with $7,272,000 in the 2009 fiscal year alone."
ASSEMBLY FLOOR :
AYES: Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, Emmerson, Eng, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Adams, Block, DeVore, Evans, Jones,
Torrico, Tran, Vacancy
RJG:mw 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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