BILL ANALYSIS
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|SENATE RULES COMMITTEE | SCR 40|
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THIRD READING
Bill No: SCR 40
Author: Yee (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/23/09
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NO VOTE RECORDED: Benoit, Huff
SUBJECT : Juvenile justice
SOURCE : National Center for Substance Abuse at Columbia
University
DIGEST : This concurrent resolution acknowledges the role
that substance abuse plays in the lives of juvenile
offenders, sets forth the rights of all juveniles in the
juvenile justice system, and urges each facility in the
state that houses wards or is responsible for the oversight
of wards to adopt these rights into the regulations and
common practices of the facility.
ANALYSIS : This concurrent resolution sets forth the
following statements concerning substance abuse, education
and the juvenile justice system:
1. According to the National Center on Addiction and
Substance Abuse (CASA) at Columbia University, substance
abuse plays a role in the lives of up to 80 percent of
juveniles in juvenile justice systems across the United
CONTINUED
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States, as specified.
2. Although 44 percent of juveniles arrested nationally
meet clinical criteria for a substance abuse disorder
requiring medical treatment, only 3.6 percent receive
any form of substance abuse treatment.
3. Up to 75 percent of all incarcerated juveniles
nationally have some diagnosable mental health disorder,
yet mental health services remain scarce.
4. Incarcerated juveniles have an increased need for basic
and special education, but they are left behind in the
current system. The education provided should be age
appropriate and developmentally appropriate, and the
curricula and conditions developed by the state should
be comparable to what children in public schools
experience, including credentialed teachers and adequate
facilities.
5. Juveniles who drink and use drugs are more likely to be
arrested multiple times, with each conviction raising
the likelihood of transfer to adult court and eventual
adult felony conviction. Juveniles whose cases are
transferred to criminal court also recidivate faster and
with more serious offenses than those retained in the
juvenile court.
6. At least 30 percent of adults in prison for felony
crimes nationally were incarcerated as juveniles.
7. If treatment options are successful in only 12 percent
of cases nationally, reducing the population of adult
prisoners with juvenile records by the same amount would
create annual savings of eighteen billion dollars as
well as reducing overall crime.
8. Rather than spend more than $250,000 annually in
California to incarcerate a juvenile offender as was
projected for the 2008-09 year, in appropriate cases,
California could rehabilitate juveniles who come before
the juvenile court through diversion to treatment
programs and other appropriate services for a much lower
public cost.
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9. With comprehensive screening, the needs of juveniles can
be identified and appropriate care provided while
maintaining the safety of the community.
10.With appropriate care, juvenile recidivism rates will
drop and more youth can become productive, healthy, and
law-abiding members of society.
This concurrent resolution resolves the following:
1. That the Legislature hereby recognizes that all
juveniles in the juvenile justice system (hereafter the
system) should have the following rights:
A. Right to Rehabilitation . In the handling of each
juvenile case, the state should use its best efforts
to rehabilitate the juvenile, in furtherance of
which, a comprehensive assessment should be made of
each juvenile's substance use, medical and mental
health, education, and family issues that may be
linked to the delinquency.
B. Right to Treatment . All juveniles in the system
should have effective, evidence-based treatment
services for substance abuse problems and disorders
as well as health issues, including medical, mental,
and dental issues, based on a comprehensive
assessment of their needs, and provided by trained
professionals.
C. Right to Education . All juveniles in the system
should have a public education, including special
education when needed, that meets criteria as
established by the Department of Education.
D. Right to Family and Social Services . All
juveniles in the system should have services to
improve family and social functioning.
E. Right to Least Restrictive Alternatives . All
juveniles in the system should be entitled to the
least restrictive means appropriate to their
individual cases throughout their contact with the
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system.
F. Right to Reintegration . All juveniles in the
system should be provided with appropriate aftercare
to support successful reentry into the community that
incorporates a continuity of care from placement
through release.
G. Right to Nondiscrimination . All juveniles in the
system have the right to have all determinations in
their cases made without regard to religion, race,
national origin, ethnicity, gender, or sexual
orientation.
H. Right to Safety and Security . All juveniles in
the system have the right to be housed in safe,
dedicated juvenile facilities, to be kept free from
any form of abuse, including protection from
disproportionate means and the use of force.
I. Right to Counsel . All juveniles in the system
have the right to free, competent counsel at all
stages of proceedings.
J. Right to Protection from Self-Incrimination . All
juveniles in the system have the right to appropriate
safeguards against self-incrimination, including the
vesting in the juvenile of a privilege for any
statement by the juvenile given in furtherance of
treatment or assessment for treatment.
K. Right to Evidence-Based Practice . The state
should track and evaluate the effectiveness of
treatment and assessments over time to ensure that
the means employed are scientifically supported and
improved.
K. Right to Speedy Review . All juveniles in the
system have the right to have their cases processed
fairly and quickly.
2. That none of the foregoing rights shall abridge or
abrogate any other recognized rights, entitlements, or
privileges enjoyed by those in whom these rights are
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vested.
3. That each facility in California housing wards of the
juvenile court, or responsible for the oversight of
wards, is urged to adopt these rights into the
regulations and common practices of the facility.
4. That the Secretary of the Senate transmit copies of this
resolution regarding juvenile justice rights and
rehabilitation to the Chief Deputy Secretary for the
Division of Juvenile Facilities, to each facility in the
state housing wards of the juvenile court, or
responsible for the oversight of wards, and to the
author for appropriate distribution.
Prior Legislation
SB 518 (Migden), Chapter 649, Statutes of 2007, which
passed the Senate with a vote of 22-12 on September 11,
2007, contained the following uncodified legislative
findings:
(a) Youth confined in a facility of the Department of
Corrections and
Rehabilitation, Division of Juvenile Facilities, are
harmed by discrimination based on actual or perceived
race, ethnic group identification, ancestry, national
origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, and HIV status.
(b) Youth are committed to the Department of Corrections
and
Rehabilitation, Division of Juvenile Facilities in order
to provide them an
opportunity for rehabilitation. These rehabilitation
opportunities shall include the provision of educational,
therapeutic, and other necessary services to ensure that
these youth can become successful and productive members
of their communities.
(c) All youth confined in the Division of Juvenile
Facilities have the
constitutional right to a safe and secure environment.
(d) The Division of Juvenile Facilities is committed to
treating all people
with dignity, respect, and consideration and
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demonstrating behavior which is fair, honest, and
ethical.
(e) There is a need to inform youth confined in the
Division of Juvenile
Facilities about their rights.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/23/09)
National Center for Substance Abuse at Columbia University
(source)
California Public Defenders Association
ARGUMENTS IN SUPPORT : The author states:
"Up to 80% of arrested juveniles are involved with
alcohol and/or drug abuse. Without intervention and
treatment, these juveniles are at a high risk for future
crimes.
"By the time children reach the juvenile justice system,
virtually every prevention and support system-family,
neighborhoods, schools, health care-has failed. Juvenile
offenders are likely to have been neglected and abused by
parents; many have grown up in impoverished and dangerous
neighborhoods; schools, teachers and administrators have
been unable to engage them; they have either slipped
through the cracks in our nation's health system or
providers have failed to diagnose and treat their
problems; and they are likely to be hanging out with
other troubled peers and lack spiritual grounding.
"At least 30% of adults in prison for felony crimes
nationally were incarcerated as juveniles. California is
missing a profound opportunity to rehabilitate children
and prevent future crimes. Research shows that a high
percentage of juvenile offenders could instead become
productive citizens, responsible parents and taxpaying,
law-abiding members of society if they could only receive
the help they so desperately need.
"SCR 40 urges that instead of spending more than $250,000
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annually in California to incarcerate each juvenile
offender, in appropriate cases, California should
rehabilitate court-involved juveniles in need through
diversion to treatment programs and other appropriate
services for a much lower public cost.
"Based on extensive research, this resolution urges the
California Department of Corrections and Rehabilitation,
the Division of Juvenile Justice, and county facilities
to join other states in adopting the guidelines set forth
in this "Children's Bill of Rights."
RJG:mw 6/23/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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