BILL ANALYSIS
SCR 40
Page 1
SENATE THIRD READING
SCR 40 (Yee)
As Amended June 23, 2010
Majority vote
SENATE VOTE :22-12
PUBLIC SAFETY 4-2
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|Ayes:|Ammiano, Beall, Hill, | | |
| |Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore | | |
| | | | |
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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 California facilities 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 2008-09,
in appropriate cases California could rehabilitate juveniles
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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
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 handling 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
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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 and 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; and,
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.
SCR 40
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FISCAL EFFECT : None
COMMENTS : 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
that may be linked to the delinquency;
b) "Effective, evidence-based treatment services for
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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; and,
h) "This resolution urges California to join other states
nationwide in adopting comparable, proven standards for the
management of our 51 juvenile justice systems."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0004961