BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1067|
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THIRD READING
Bill No: SB 1067
Author: Oropeza (D)
Amended: 5/24/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/6/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/27/10
AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Cox
SUBJECT : Juvenile justice: recidivism
SOURCE : Author
DIGEST : This bill requires the Division of Juvenile
(DJJ) to track recidivism rates of youthful offenders under
the jurisdiction of the department, as defined and
specified. This bill requires DJJ to post recidivism
information on its website, annually.
ANALYSIS : Current law provides that there is created in
state government the Department of Corrections and
Rehabilitation (DCR), to be headed by a secretary, who
shall be appointed by the Governor, subject to Senate
confirmation, and shall serve at the pleasure of the
CONTINUED
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Governor. DCR consists of Adult Operations, Adult
Programs, Juvenile Justice, the Corrections Standards
Authority, the Board of Parole Hearings, the State
Commission on Juvenile Justice, the Prison Industry
Authority, and the Prison Industry Board. (Government Code
12838.)
Current law further provides that there is created within
DCR under the Chief Deputy Secretary for Juvenile Justice,
the Division of Juvenile Facilities, the Division of
Juvenile Programs, and the Division of Juvenile Parole
Operations. Each division shall be headed by a chief, who
shall be appointed by the Governor, at the recommendation
of the secretary, subject to Senate confirmation, who shall
serve at the pleasure of the Governor. (Government Code
12838.3. )
This bill clarifies this provision to expressly provide for
the DJJ, with related conforming changes, as specified.
Current law provides that, DJJ, has jurisdiction over all
educational training and treatment institutions now or
hereafter established and maintained in the state as
correctional schools for the reception of wards of the
juvenile court and other persons committed to DCR.
(Welfare and Institutions Code 1000.)
Current law generally provides that every person committed
to DJJ by a juvenile court shall, except as provided, be
discharged upon the expiration of a two-year period of
control or when the person reaches his or her 21st
birthday, whichever occurs later, as specified. (WIC
1769(a).)
Current law further provides that every person committed to
DJJ by a juvenile court who has been found to be a person
described in Section 602 by reason of the violation of
specified serious or violent offenses, shall be discharged
upon the expiration of a two-year period of control or when
the person reaches his or her 25th birthday, whichever
occurs later, as specified. (WIC 1769(b); see also WIC
1770, 1771.)
Current law provides that a ward committed to DJJ "may not
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be held in physical confinement for a period of time in
excess of the maximum period of imprisonment that could be
imposed upon an adult convicted of the offense or offenses
that brought or continued the minor under the jurisdiction
of the juvenile court. A ward committed to DJJ Facilities
also may not be held in physical confinement for a period
of time in excess of the maximum term of physical
confinement set by the court based upon the facts and
circumstances of the matter or matters that brought or
continued the ward under the jurisdiction of the juvenile
court, which may not exceed the maximum period of adult
confinement as determined pursuant to this section. This
section does not limit the power of the Board of Parole
Hearings to retain the ward on parole status for the period
permitted by Section 1769." (WIC 731(c).
This bill requires DJJ to track and report data on the
recidivism outcomes and rates of youthful offenders under
its jurisdiction and control, as specified.
This bill requires DJJ to collect and report recidivism
outcomes and rates for youthful offenders committed to the
division and released to, or discharged from, parole in any
fiscal year for the followup period described in the bill.
Recidivism is best measured in totality by a range of
indicators, including the following:
1.The number of individuals who are subsequently arrested
during the followup period.
2.The number of individuals who are subsequently
adjudicated or convicted during the followup period.
3.The number of individuals who are subsequently returned
or recommitted to the Division of Juvenile Justice during
the followup period.
4.The number of individuals who are subsequently returned
or committed to the Department of Corrections and
Rehabilitation, Division of Adult Institutions, during
the followup period.
The followup period for tracking the recidivism outcomes
and rates described above, shall be three years, with
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annual recidivism data to be collected at 12, 24, and 36
months following release to, or discharge from, parole.
The Division of Juvenile Justice shall post the recidivism
outcomes and rates described above on the DJJ's Internet
Web site annually.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Track recidivism minor and
absorbable General
Annual report minor and
absorbable General
SUPPORT : (Verified 5/27/10)
California Correctional Peace Officers Association
Los Angeles County District Attorney
ARGUMENTS IN SUPPORT : According to author's office:
During a Rules Committee hearing dealing with Juvenile
Justice in June 2009, the author was taken aback to
find out that DJJ does not track recidivism rates
within their department, an especially surprising fact
given that each ward costs the state approximately
$250,000 per year. Senator Oropeza requested DJJ
track recidivism rates and report back to the
Committee with their findings by January 31, 2010.
They did so ? but did not break down the information
with enough specificity to determine effectiveness of
existing programs.
The author remains committed to having DJJ
consistently report on recidivism rates using the same
metrics year in and year out, especially in light of
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the astronomical cost per ward in taxpayer dollars.
The simplest and most effective way of guaranteeing
this is to codify the reporting requirement, and have
DJJ deliver this report in January, at the beginning
of legislative deliberations on the budget.
The Little Hoover Commission, in its July 2008 report
(http://www.lhc.ca.gov /studies/192/report192.pdf )
sums up the problem SB 1067 is attempting to address
thusly: "Californians may fairly ask what they are
getting for this outlay and whether other strategies
can better deliver public safety and youth
rehabilitation." (LHC July 2008 report, page 2).
The measure of any state agency is how well it
performs with taxpayer money, but it is impossible to
measure agency success if there is no record to
measure it against. The author feels strongly that
finding out basic information on how well DJJ's
programs work is key to rooting out waste and
inefficiencies in state government.
RJG:nl 5/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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