BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1447
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                SB 1447 (Padilla) - As Introduced:  February 19, 2010 

          Policy Committee:                             Public  
          SafetyVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  


          This bill requires that, in accordance with the federal Juvenile  
          Justice and Delinquency Prevention Act of 2002 (JJDPA), the  
          Corrections Standards Authority (CSA) shall inspect and collect  
          relevant data from any facility that may be used for the secure  
          detention of minors. 


           FISCAL EFFECT  

          Negligible absorbable costs to the Department of Corrections and  
          Rehabilitation (CDCR), the parent agency to CSA.

           COMMENTS  

           Rationale  . Sponsored by CDCR, this bill simply gives CSA  
          statutory authority to inspect and monitor all detention  
          facilities that fall under the federal JJDPA requirements. CSA  
          already monitors these facilities in compliance with the JJDPA  
          funding requirements. 

          According to CDCR, "Under JJDPA, in order to receive federal  
          funds, state are required to maintain compliance with the  
          Federal JJDPA's monitoring requirements. The JJDPA requires the  
          Designated State Agency (DSA) - for California, the DSA is the  
          CSA - to inspect and monitor all detention facilities that fall  
          into the compliance monitoring universe that may house  
          juveniles. This includes facilities that do not currently fall  
          under the CSA's statutory authority, such as police departments  
          that use only cuffing fixtures for secure detention and police  








                                                                  SB 1447
                                                                  Page  2

          departments that have a lockup (jail), but were built prior to  
          1978. This proposal is in response to a July 2008 Compliance  
          Monitoring Audit Report conducted by the federal OJJDP. 


          "The CSA is already monitoring these facilities for compliance  
          with the federal JJDPA, although there is no current statutory  
          authority. However, if CSA is unable to inspect such facilities,  
          OJJDP may find CSA noncompliant with requirements for an  
          adequate compliance monitoring system and this finding could  
          negatively affect California's Title II federal formula grants  
          for juvenile justice and delinquency prevention. This bill would  
          create the statutory authority for CSA to conduct inspections as  
          required under the JJDPA and would ensure that California law is  
          in accord with the federal statute and guidelines." 



           Analysis Prepared by :    Geoff Long / APPR. / (916) 319-2081