BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2011-2012 Regular Session B
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AB 220 (Solorio)
As Amended June 29, 2011
Hearing date: July 5, 2011
Welfare and Institutions Code
AA:dl
JUVENILE JUSTICE:
INTERSTATE COMPACT
HISTORY
Source: Author
Prior Legislation: AB 1053 (Solorio) - Ch. 268, Stats. 2009
Support: Unknown
Opposition:None known
Assembly Floor Vote: N/A
KEY ISSUE
SHOULD THE SUNSET FOR THE INTERSTATE COMPACT FOR JUVENILES BE
EXTENDED FROM JANUARY 1, 2012 TO JANUARY 1, 2014?
PURPOSE
The purpose of this bill is to extend the January 1, 2012 sunset
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AB 220 (Solorio)
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on the Interstate Compact for Juveniles two years, to January 1,
2014.
Current law sets for the Interstate Compact for Juveniles, which
generally provides for specified matters concerning juvenile
offenders, especially with respect to overseeing, supervising,
and coordinating the interstate movement of juveniles subject to
the terms of this compact, as specified. (Welfare and
Institutions Code � 1400 et seq.)
Current law sunsets these provisions on January 1, 2012, as
specified.
This bill would extend this sunset to January 1, 2014.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
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On May 23, 2011, the United States Supreme Court upheld the
decision of the three-judge panel in its entirety, giving
California two years from the date of its ruling to reduce its
prison population to 137.5 percent of design capacity, subject
to the right of the state to seek modifications in appropriate
circumstances.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill does not to aggravate the prison overcrowding crisis
described above.
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COMMENTS
1. Background; What This Bill Would Do
In a report dated January 2011, the Corrections Standards
Authority issued a report on California's membership in the
Interstate Compact for Juveniles. The report stated in part:
The Interstate Compact for Juveniles (ICJ) is a
multi-state agreement governing the supervision
of delinquent juveniles in jurisdictions other
than their home states and procedures for the
return to their home states of juveniles who
have run away, absconded and/or escaped from
juvenile homes or treatment facilities in other
than their home states. Enabled by the Federal
Crime Control Act, 4 U.S.C. Section 112 (1965),
this compact is authorized and encouraged for
cooperative efforts and mutual assistance in the
prevention of crime. . . .
. . .
Based on these and other considerations, the Executive
Steering Committee reached three overarching
conclusions:
California should join the ICJ and
establish the required State Council as soon as
possible.
The State Council - or the ESC if the
change of state administrations appears likely to
result in a significant delay in appointing
members to the State Council - should begin
immediately to evaluate major issues and review
existing ICJ rules to determine whether it is in
California's best interests to remain in the ICJ
permanently after the January 1, 2012 sunset of
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Chapter 268.
It is imperative that all court officers
- judges, prosecutors and defense attorneys - and
probation and parole personnel who are or may be
involved in the interstate movement of California
juveniles be provided ongoing training in the
provisions of the ICJ.
This bill would extend the sunset on the ICJ for two years.
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