BILL ANALYSIS �
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THIRD READING
Bill No: AB 1276
Author: Bloom (D), et al.
Amended: 8/18/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/10/14
AYES: Hancock, De Le�n, Liu, Steinberg
NOES: Anderson, Knight
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : 5-1, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : Not relevant
SUBJECT : Youthful offenders: prison
SOURCE : Anti-Recidivism Coalition
Human Rights Watch
Los Angeles District Attorneys Office
DIGEST : This bill requires the Department of Corrections and
Rehabilitation (CDCR) to conduct a youth offender Institution
Classification Committee (ICC) review at reception to provide
special classification consideration for every youth offender
under 22 years of age, as specified.
ANALYSIS :
CONTINUED
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Existing law:
1. Provides a statutory framework for remanding certain cases
involving minors who are 14 years of age and older and
alleged to have committed a crime from the juvenile court to
adult criminal court.
2. Provides that no person under the age of 14 years shall be
committed to a state prison or be transferred thereto from
any other institution.
3. Provides that notwithstanding any other provision of law, no
person under the age of 16 years shall be housed in any
facility under the jurisdiction of CDCR.
This bill:
1. Requires CDCR to conduct a youth offender ICC review at
reception to provide special classification consideration for
every youth offender.
2. Defines "youth offenders" to be individuals committed to
CDCR who are under 22 years of age.
3. Requires that the youth offender ICC consist of the staff
required by CDCR regulations at any ICC, however at least one
member shall be a CDCR staff member specially trained in
conducting the reviews.
4. Requires that training include, but not be limited to,
adolescent and young adult development and evidence-based
interviewing processes employing positive and motivational
techniques.
5. Provides that the purpose of the youth offender ICC review
is to meet with the youth offender and assess the readiness
of a youth offender for a lower security level or placement
permitting increased access to programs and to encourage the
youth offender to commit to positive change and
self-improvement.
6. Requires that a youth offender be considered for placement
at a lower security level that corresponds with his/her
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classification score in a facility that permits increased
access to programs based on the ICC review and factors
including, but not limited to, the following:
A. Recent in-custody behavior while housed in juvenile or
adult facilities.
B. Demonstrated efforts of progress toward self-improvement
in juvenile or adult facilities.
C. Family or community ties supportive of rehabilitation.
D. Evidence of commitment to working toward
self-improvement with a goal of being a law-abiding member
of society upon release.
1. Provides that if CDCR determines, based on the totality of
the circumstances, the youth offender may be appropriately
placed at a lower security level, CDCR shall transfer the
youth offender to a lower security level facility. If the
youth offender is denied a lower security level, then he/she
shall be considered for placement in a facility that permits
increased access to programs.
2. Requires that if CDCR determines a youth offender may
appropriately be placed in a facility permitting increased
access to programs, the youth offender shall be transferred
to such a facility. If the youth offender demonstrates
he/she is a safety risk to inmates, staff, or the public, and
does not otherwise demonstrate a commitment to
rehabilitation, the youth offender shall be reclassified and
placed at a security level that is consistent with department
regulations and procedures.
3. Provides that a youth offender who at his/her initial Youth
Offender ICC review is denied a lower security level than
corresponds with his or her placement score or did not
qualify for placement permitting increased access to programs
due to previous incarceration history and was placed in the
highest security level shall nevertheless be eligible to have
his or her placement reconsidered (as specified) at his or
her annual review until reaching 25 years of age.
4. Requires that if at an annual review it is determined that
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the youth offender has had no serious rule violations for one
year, CDCR shall consider whether the youth would benefit
from placement in a lower level facility or placement
permitting increased access to programs.
5. Requires CDCR to review and, as necessary, revise existing
regulations and adopt new regulations regarding
classification determinations made pursuant to this section,
and provide for training for staff.
6. Makes legislative findings and declarations concerning
youthful offenders, as specified.
7. Provides that the provisions become operative July 1, 2015.
Comments
The author states:
In California, younger people between the ages of 18 and 22
entering the adult prison system are more likely than older
prisoners to be sent directly to the highest security prison
yards with the most dangerous inmates and the least amount of
programming. The result is a lost opportunity for the state
to reduce recidivism.
Research shows that incarcerated youth are especially
vulnerable to physical and sexual assault and psychological
harm including depression and suicide. At this age, youth
are still maturing and are highly sensitive to both positive
and negative influences. Their environment has a huge impact
on their development and life choices. If youth entering the
adult prison system are placed in the most dangerous
environments, odds are that they will not choose a lifestyle
that leads them away from bad choices and instead sets them
back on a path to reoffend or remain in prison longer.
However, studies also show that positive influences have just
as much of an impact on this age group - the availability of
education and vocational training in prison, particularly for
youth, can significantly reduce recidivism and set an
incarcerated youth on a better path.
AB 1276 establishes a process that directs CDCR to utilize
the already existing Youth Offender Institutional
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Classification Committee, which assesses youth for placement
at their adult facility, to place a youth between the ages of
18-22 whenever possible at a lower custody level with the
most programming available. This will also afford an
opportunity for the Committee to encourage youth to commit to
positive change and self-improvement. AB 1276 will take
prison's most vulnerable and malleable population and give
those youth a better opportunity of choosing a path that
leads to success outside of prison if they are released.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Ongoing significant costs to CDCR of about $1 million (General
Fund) for correctional counselors at five reception centers to
conduct ICC reviews for youth offenders. Costs also include
staffing for program oversight and administration. Based on
2012 and 2013 data, approximately 4,800 offenders under age 22
are committed to CDCR adult facilities each year.
One-time costs to CDCR potentially in excess of $50,000
(General Fund) to revise and adopt regulations pursuant to
this measure.
Unknown, potentially significant costs (General Fund) for
specialized staff training to conduct ICC reviews as specified
in this measure.
To the extent significant numbers of youth offenders are
transitioned to lower security levels and/or benefit from
additional programming afforded under this bill could result
in future cost savings in lower custody costs, reduced
recidivism, and better life outcomes for youth offenders.
SUPPORT : (Verified 8/13/14)
Anti-Recidivism Coalition (co-source)
Human Rights Watch (co-source)
Los Angeles District Attorney's Office (co-source)
California Attorneys for Criminal Justice
California Communities United Institute
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Children's Defense Fund of California
JG:k 8/17/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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