BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1447|
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THIRD READING
Bill No: SB 1447
Author: Padilla (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/23/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Local juvenile detention facilities:
inspections
SOURCE : Department of Corrections and Rehabilitation
DIGEST : This bill assures compliance with the federal
Juvenile Justice and Delinquency Prevention Act of 2002 (42
U.S.C. Sec. 5601 et seq.) by requiring the Corrections
Standards Authority to inspect and collect relevant data
from any facility that may be used for the secure detention
of minors.
ANALYSIS : Current law establishes the Corrections
Standards Authority (CSA) within the Department of
Corrections and Rehabilitation (CDCR). (Section 6024 of
the Penal Code)
Current law provides that CSA is responsible for
establishing minimum standards for state and local
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correctional facilities. (Section 6030 of the Penal Code)
CSA also is required to inspect each local detention
facility in the state biennially. (Section 6031 of the
Penal Code)
Current law requires CSA to "adopt minimum standards for
the operation and maintenance of juvenile halls for the
confinement of minors." (Section 210 of the Welfare and
Institutions Code), and to "develop guidelines for the
operation and maintenance of nonsecure placement facilities
for persons alleged or found to be persons coming within
the terms of Section 601 or 602 (delinquent minors)."
(Section 210.1 of the Welfare and Institutions Code)
Current law also requires CSA to "adopt regulations
establishing standards for law enforcement facilities which
contain lockups for adults and which are used for the
temporary, secure detention of minors upon arrest.
(Section 210.2 of the Welfare and Institutions Code)
Current law requires CSA to "conduct a biennial inspection
of each jail, juvenile hall, lockup, or special purpose
juvenile hall situated in this state that, during the
preceding calendar year, was used for confinement, for more
than 24 hours, of any minor," as specified. (Section
209(a) of the Welfare and Institutions Code)
This bill amends this section to add the following
subdivision:
In accordance with the federal Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. Sec. 5601
et seq.), the Corrections Standards Authority shall
inspect and collect relevant data from any facility that
may be used for the secure detention of minors.
Purpose of the bill
The CSA monitors California's compliance with the core
requirements of the federal Juvenile Justice and
Delinquency Prevention Act of 2002 (JJDPA). This bill
authorizes the CSA to inspect and collect relevant data
relating to any facility that has the potential to hold
juveniles in secure detention. This change is proposed by
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the administration in response to recommendations made
during a field audit of California's compliance monitoring
system from July 28-31, 2008, by the Office of Juvenile
Justice and Delinquency Prevention.
Background
Under the federal JJDPA, CDCR advises Senate Public Safety
Committee staff that California has received the following
Title II funds over the past three years, administered by
CSA:
2009: $7.2 million
2008: $6.7 million
2007: $7.5 million
There currently are 16 programs being funded under the
Title II program. The following summary prepared in a CSA
document provides some additional context to this bill:
The JJDPA was originally enacted in 1974, and most
recently revised in 2002, to provide state and local
agencies with support to prevent juvenile delinquency and
establish a juvenile justice system with the best
interests of the juvenile as a priority. The JJDPA
requires that states comply with the following four core
protections in order to receive Formula Grants, which
target juvenile delinquency and prevention:
1. Deinstitutionalization of Status Offenders (DSO)
2. Separation of juveniles from adults in institutions
(Separation)
3. Removal of juveniles from adult jails and lockups
(Jail Removal)
4. Reduction of Disproportionate Minority Contact (DMC)
One of the goals of the JJDPA was to eliminate both
inappropriate placement and exposure of juveniles to
adult offenders while under the jurisdiction of the
juvenile justice system. Monitoring of the first three
core protections will ensure that juveniles remain
protected while under the jurisdiction of the juvenile
justice system.
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California is also committed to ensuring the welfare of
all juveniles involved in the juvenile justice system.
The following compliance monitoring plan has been
established to demonstrate California's commitment to
this principle.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/20/10)
Department of Corrections and Rehabilitation (source)
ARGUMENTS IN SUPPORT : The author states:
"SB 1447 would grant the Corrections Standards Authority
(CSA) the statutory authority to conduct inspections and
collect data from facilities that may be used to house
minors, in accordance with the federal Juvenile Justice
and Delinquency Prevention Act of 2002 (JJDPA). The
JJDPA provides grants to participating states to combat
juvenile delinquency. The act requires the State's
Designated State Agency, which is CSA for California, to
inspect these facilities ensuring they meet certain
criteria, such as, adequate sight and sound separation
between juveniles and adult males. The act also requires
annual reporting of CSA's inspections. The JJDPA
requires the CSA to inspect all facilities that may house
juveniles. Currently, the CSA does not have authority to
enter all of these facilities. CSA is required under the
JJDPA to inspect these facilities in order to remain in
compliance with the Act and continue to receive federal
Title II Formula Grants for juvenile justice and
delinquency prevention."
RJG:mw 4/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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