BILL ANALYSIS
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Date of Hearing: May 4, 2010
Counsel: Meghan Masera
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SCR 40 (Yee) - As Introduced: April 29, 2009
SUMMARY : Acknowledges the role that substance abuse plays in
the lives of juvenile offenders and sets forth the rights of all
juveniles in the juvenile justice system. In addition, this
resolution urges all facilities in the state that house wards to
adopt these rights into the regulations and common practices of
the facility. Specifically, this bill :
1)Recognizes that substance abuse plays a role in the lives of
up to 80% of juveniles in juvenile justice systems across the
United States and although 44% of juveniles arrested
nationally meet clinical criteria for a substance abuse
disorder requiring medical treatment, only 3.6% receive any
form of substance abuse treatment.
2)Recognizes that up to 75% of all incarcerated juveniles
nationally have some diagnosable mental health disorder, yet
mental health services remain scarce.
3)Recognizes that at least 30% of adults in prison for felony
crimes nationally were incarcerated as juveniles and if
treatment options are successful in only 12% of cases
nationally, reducing the population of adult prisoners with
juvenile records by the same amount would create annual
savings of $18 billion, as well as reducing overall crime.
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.
4)Recognizes that with comprehensive screening and appropriate
care, the needs of juveniles can be identified while
maintaining the safety of the community, and juvenile
recidivism rates will drop and more youth can become
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productive, healthy, and law-abiding members of society.
5)Resolves that all juveniles in the juvenile justice system
should have the following rights:
a) Right to Rehabilitation: In the handling of each
juvenile case, California 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 State
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 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
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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.
aa) Right to Evidence-Based Practice: California should
track and evaluate the effectiveness of treatment and
assessments over time to ensure that the means employed are
scientifically supported and improved.
bb) Right to Speedy Review: All juveniles in the system
have the right to have their cases processed fairly and
quickly.
6)States that none of the aforementioned rights shall abridge or
abrogate any other recognized rights, entitlements, or
privileges enjoyed by those in whom these rights are vested.
7)Requires the Secretary of the Senate to transmit copies of
this resolution regarding juvenile justice rights and
rehabilitation to the Chief Deputy Secretary for the Division
of Juvenile Facilities (DJF); 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.
EXISTING LAW :
1)Declares that all youth confined in a facility of the
California Department of Corrections and Rehabilitation
(CDCR), Division of Juvenile Facilities shall have the
following rights [Welfare and Institutions Code (WIC) Section
224.71]:
a) To live in a safe, healthy, and clean environment
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conducive to treatment and rehabilitation and where they
are treated with dignity and respect;
b) To be free from physical, sexual, emotional, or other
abuse, or corporal punishment;
c) To receive adequate and healthy food and water,
sufficient personal hygiene items, and clothing that is
adequate and clean;
d) To receive adequate and appropriate medical, dental,
vision, and mental health services;
e) To refuse the administration of psychotropic and other
medications consistent with applicable law or unless
immediately necessary for the preservation of life or the
prevention of serious bodily harm;
f) To not be searched for the purpose of harassment or
humiliation or as a form of discipline or punishment;
g) To maintain frequent and continuing contact with
parents, guardians, siblings, children, and extended family
members, through visits, telephone calls, and mail;
h) To make and receive confidential telephone calls, send
and receive confidential mail, and have confidential visits
with attorneys and their authorized representatives,
ombudspersons and other advocates, holders of public
office, state and federal court personnel, and legal
service organizations;
i) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be
subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification,
ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical
disability, or HIV status;
j) To have regular opportunity for age-appropriate physical
exercise and recreation, including time spent outdoors;
aa) To contact attorneys, ombudspersons and other advocates,
and representatives of state or local agencies, regarding
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conditions of confinement or violations of rights, and to
be free from retaliation for making these contacts or
complaints;
bb) To participate in religious services and activities of
their choice;
cc) To not be deprived of any of the following as a
disciplinary measure: food, contact with parents,
guardians, or attorneys, sleep, exercise, education,
bedding, access to religious services, a daily shower, a
drinking fountain, a toilet, medical services, reading
material, or the right to send and receive mail;
dd) To receive a quality education that complies with state
law, to attend age-appropriate school classes and
vocational training, and to continue to receive educational
services while on disciplinary or medical status;
ee) To attend all court hearings pertaining to them;
ff) To have counsel and a prompt probable cause hearing when
detained on probation or parole violations; and,
gg) To make at least two free telephone calls within an hour
after initially being placed in a DJR facility following an
arrest.
2)Mandates that every DJF facility shall provide each youth who
is placed in the facility with an age and developmentally
appropriate orientation that includes an explanation and a
copy of the rights of the youth, and that addresses the
youth's questions and concerns. Each DJF facility shall post
a listing of the rights in a conspicuous location. In
addition, a copy of the rights of the youth shall be included
in orientation packets provided to parents or guardians of
wards. Copies of the rights of youth in English, Spanish, and
other languages shall also be made available in the visiting
areas of division facilities and, upon request, to parents or
guardians. (WIC Section 224.72.)
3)Stipulates that all DJF facilities shall ensure the safety and
dignity of all youth in their care and shall provide care,
placement, and services to youth without discriminating on the
basis of actual or perceived race, ethnic group
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identification, ancestry, national origin, color, religion,
sex, sexual orientation, gender identity, mental or physical
disability, or HIV status. (WIC Section 224.73.)
4)Provides that DJF's Office of the Ombudspersons shall do all
of the following (WIC Section 224.74):
a) Disseminate information on the rights of children and
youth in DJF's custody;
b) Investigate and attempt to resolve complaints made by or
on behalf of youth in DJF's custody related to their care,
placement, or services, or in the alternative, refer
appropriate complaints to another agency for investigation;
c) Notify the complainant in writing of the intention to
investigate or the decision to refer the complaint to
another agency within 15 days of receiving the complaint.
If the office declines to investigate a complaint, the
office shall notify the complainant of the reason for this
decision;
d) Update the complainant on the progress of the
investigation and notify the complainant in writing of the
final outcome, steps taken during the investigation, basis
for the decision, and any action to be taken as a result of
the complaint;
e) Document the number, source, origin, location, and
nature of complaints;
f) Provide a toll-free telephone number for the DJF's
Office of the Ombudspersons; and,
g) Compile and make available to the Legislature and the
public all data collected over the course of the year,
including, but not limited to, the number of contacts to
the toll-free telephone number, the number of complaints
made, the number of investigations performed by the office,
the number of referrals made, the issues complained about,
the number of sustained complaints, the actions taken as a
result of sustained complaints, and the number of
unresolved complaints, including the reasons the complaints
could not be resolved.
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FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "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 a 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.
"Instead of spending more than $250,000 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 CDCR's
Division of Juvenile Justice and county facilities to join
other states in adopting the guidelines set by the National
Center on Addiction and Substance Abuse (CASA) at Columbia
University.
"This resolution urges California to provide:
a) "A comprehensive assessment of each juvenile's substance
use, medical and mental health, education and family issues
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that may be linked to the delinquency;
b) "Effective, evidence-based treatment services for
substance abuse problems and disorders as well as health
issues, based on the comprehensive assessment;
c) "A public education, including special education, which
meets criteria as established by the state education
department;
d) "Services to improve family and social functioning;
e) "Appropriate aftercare to support successful reentry
into the community;
f) "Housing in safe, dedicated juvenile facilities, and to
be kept free from any form of abuse, including protection
from disproportionate means and the use of force;
g) "Evidence-based practices that track and evaluate the
effectiveness of treatment and assessments over time to
ensure that the means employed are scientifically supported
and improved.
h) "This resolution urges California to join other states
nationwide in adopting comparable, proven standards for the
management of our 51 juvenile justice systems."
2)National Center in Addiction and Substance Abuse
Recommendations : In 2004, CASA at Columbia University
performed a study on the impact of substance abuse on juvenile
offenders and how the nation's juvenile justice systems deal
with these offenders and issued a report, "Criminal Neglect:
Substance Abuse, Juvenile Justice and The Children Left
Behind." Juvenile justice systems were created for juvenile
offenders who are generally 10- to 17-years old; however, most
cases referred to juvenile courts (57.7%) involve children age
15 and younger. The study is based on 2000 data, the latest
available in sufficient detail to permit this in-depth
analysis.
The report's key findings included:
a) "Four of every five children and teens (78.4 percent) in
juvenile justice systems - 1.9 of 2.4 million arrests of
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10- to 17-year olds - are under the influence of alcohol or
drugs while committing their crime, test positive for
drugs, are arrested for committing an alcohol or drug
offense, admit having substance abuse and addiction
problems, or share some combination of these
characteristics.
b) "Of the 1.9 million arrests of juvenile offenders with
substance abuse and addiction problems, only about 68,600
juveniles - 3.6 percent - receive any form of substance
abuse treatment. Mental health services are scarce and
most education programs do not meet even minimum state
educational criteria. As a result of their failure to
address these problems, juvenile justice systems,
originally conceived as institutions to help young
offenders get on the path to law-abiding lives, have become
colleges of criminality, paving the way to further crimes
and adult incarceration for many graduates. At least 30
percent of adults in prison for felony crimes were
incarcerated as juveniles."
The Report calls for an overhaul of the way juvenile offenders
are treated. Children entering juvenile justice systems
should be assured that they receive a comprehensive assessment
in order to determine their needs and to divert juveniles from
further substance use and crime by providing appropriate
treatment and other needed services. To accomplish these
goals, CASA recommends:
a) Creation of a Model Juvenile Justice Code, setting forth
standards of practice and accountability for states in
handling juvenile offenders;
b) Training all juvenile justice system staff - law
enforcement, juvenile court judges and other court
personnel, prosecutors and defenders, correctional and
probation officers - to recognize substance-involved
offenders and know how to deal with them;
c) Diversion of juvenile offenders from deeper involvement
with juvenile justice systems through such promising
practices as comprehensive in-home services, juvenile drug
courts and other drug treatment alternatives to
incarceration which assure comprehensive services as well
as accountability;
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d) Treatment, health care, education and job training
programs, including spiritually based programs, should be
available to juveniles who are incarcerated;
e) Development of a state and national data system through
which California can establish a baseline and judge
progress in meeting the many needs of these children; and,
f) Expansion of grant programs of the United States Office
of Juvenile Justice and Delinquency Prevention that provide
federal funds to states and localities, conditioning grants
under such programs on providing appropriate services to
juvenile offenders.
3)Arguments in Support : According to the California Teachers
Association , "This measure urges that the rights of juveniles
in the juvenile justice system be honored in each facility
housing them, thereby striving to change the environments that
can lead to a perpetual life of crime and injustice."
4)Prior Legislation :
a) SB 1250 (Yee), Chapter 522, Statutes of 2008,
established the Family Communications and Youth
Rehabilitation Act of 2008, which affords wards the right
to have their families notified in certain situations and
allows them more communication with family and clergy.
b) SB 518 (Migden), Chapter 649, Statutes of 2007,
established the Youth Bill of Rights and requires all DJF
facilities to provide care, placement, and services to
youth in their custody without discriminating on the basis
of actual or perceived race, ethnic group identification,
ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical
disability, or HIV status.
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Defenders Association
California Teachers Association
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Opposition
None
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744