BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1296|
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THIRD READING
Bill No: SB 1296
Author: Leno (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/8/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SUBJECT : Juveniles: contemptuous habitual truants
SOURCE : Youth Law Center
East Bay Childrens Law Offices
DIGEST : This bill prohibits secured detention as a sanction
for truants who are found in contempt of court solely on the
grounds of failing to comply with a court order relating to the
truancy, as specified.
ANALYSIS : Existing law:
1.States that the purpose of juvenile court law "is to provide
for the protection and safety of the public and each minor
under the jurisdiction of the juvenile court and to preserve
and strengthen the minor's family ties whenever possible,
removing the minor from the custody of his or her parents only
when necessary for his or her welfare or for the safety and
protection of the public."
2.Provides for the jurisdiction of the juvenile court over a
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person under the age of 18 who "persistently or habitually
refuses to obey the reasonable and proper orders or directions
of his or her parents, guardian, or custodian, or who is
beyond the control of that person," or who violates curfew
offenses, as specified. These types of offenses are known
generally as "status" offenses - acts that are illegal only if
committed by juveniles (typically, running away, disobeying
parents, curfew violations and truancy).
3.Provides that if a minor has four or more truancies within one
school year or a school attendance review board or probation
officer determines that the available public and private
services are insufficient or inappropriate to correct the
habitual truancy of the minor, or to correct the minor's
persistent or habitual refusal to obey the reasonable and
proper orders or directions of school authorities, or if the
minor fails to respond to directives of a school attendance
review board or probation officer or to services provided, the
minor is then within the jurisdiction of the juvenile court
which may adjudge the minor to be a ward of the court.
However, it is the intent of the Legislature that no minor who
is adjudged a ward of the court shall be removed from the
custody of the parent or guardian except during school hours.
4.Strictly limits the detention of status offenders in any jail,
lockup, juvenile hall, or other secure facility, as specified.
5.Enumerates specified acts or omissions with respect to a court
of justice or proceedings therein which are contempt of the
authority of the court, including "(d)isobedience of any
lawful judgment, order, or process of the court."
6.Generally provides that when the contempt consists of the
omission to perform an act which is yet in the power of the
person to perform, he/she may be imprisoned until he/she has
performed it, and in that case the act shall be specified in
the warrant of commitment.
7.Excepts from this authority, "the victim of a sexual assault
or domestic violence crime for contempt when if the contempt
consists of refusing to testify concerning that sexual assault
or domestic violence crime, as specified."
This bill:
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1.Revises the legislative intent language to also state that
minors adjudged wards of the court solely because of truancy
shall not be held in a secure facility, except for the
purposes of school attendance.
2.Enacts a new statute providing that a person under 18 years of
age shall not be detained in a secure facility, solely upon
the ground that he/she is in willful disobedience or
interference with any lawful order of the juvenile court, if
the basis of an order of contempt is the failure to comply
with a court order, as specified. Upon a finding of contempt
of court, the court may issue any other lawful order, as
necessary, to ensure the minor's school attendance.
3.Provides that, "(n)otwithstanding any other law, a court shall
not imprison, hold in physical confinement, or otherwise
confine or place in custody a minor for contempt if the
contempt consists of the minor's failure to comply with a
court order (relating to truancy, as specified) if the minor
was adjudged a ward of the court on the ground that he or she
is a (truant, as defined) ?. Upon a finding of contempt of
court, the court may issue any other lawful order, as
necessary, to secure the minor's attendance at school."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/8/14)
Youth Law Center (co-source)
East Bay Children's Law Offices (co-source)
All of Us or None
Alliance for Children's Rights
California Attorneys for Criminal Justice
California Catholic Conference of Bishops
California Council on Youth Relations
California Probation, Parole and Correctional
California Public Defenders Association
California Teachers Association
Chief Probation Officers of California
Children's Defense Fund of California
Children's Law Center of California
Coalition for Juvenile Justice
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Commonweal
Community Rights Campaign
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
John Burton Foundation for Children Without Homes
Legal Advocates for Children and Youth
National Association for the Education of Homeless Children and
Youth
Our Family Coalition
Pacific Juvenile Defender Center
Public Counsel
Public Defender of the City and County of San Francisco
ARGUMENTS IN SUPPORT : According to the author:
California law has long prohibited the secure confinement
of "status offenders"- those who are under the court's
jurisdiction for behavior that would not be illegal except
for the individual's age. These violations include
breaking curfew, running away, being beyond the control of
one's parents, and truancy. While young people may be made
a ward of the court for truancy, under current law they
must not be held in secure confinement.
Unfortunately, court decisions have found a way around the
statutory prohibition against incarceration in California
and nationally by using contempt or violation of a valid
court order. This loophole has allowed truants to be
incarcerated over the years for contempt or failing to obey
a court order to attend school. In many cases,
incarceration of these youths has made things worse for
children whose only transgression is not going to school.
SB 1296 would close that loophole, and prohibit secure
confinement as a sanction in such instances.
California has been active in trying to stem the School to
Prison Pipeline with creative school disciplinary measures
and truancy interventions. Counties around the state have
developed active School Attendance Review Boards that work
to keep youth out of the justice system, through mediation
programs for young people as well as for parents, and
access to extensive service systems that provide tutoring,
mentoring, school safety support, assessment of
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disabilities, alternative education programs,
transportation, and remedial services.
As a result, incarceration for truancy has been
dramatically reduced. Still, data from 2012 and 2013
suggest that four counties still rely upon incarceration.
The vast majority of the cases involved youth of color, and
some were as young as age 12. Many were incarcerated
multiple times, raising further questions about the
effectiveness of incarceration as a sanction.
Research on truancy has established that persistent refusal
to attend school stems from a complex series of factors
that have nothing to do with disrespect for the law. Some
youth are afraid to go to school because of bullying or
gang activity. Others have challenges at home ranging from
abuse, neglect or drugs, to situations that require the
youth to stay home to care for relatives, or help support
the family. Still others are too humiliated or frustrated
to attend school because of disabilities, intellectual
limitations, or because disruptions have caused them to
fall far behind their classmates.
Incarceration for truancy is an illusory "solution" that
actually makes things worse. Research indicates that youth
who are incarcerated find it more difficult to complete
their education and their employability is negatively
impacted. Also, while state law requires that truants be
separated from delinquent youth, the incarceration leads
many of these youths to view themselves as criminals, and
to act accordingly.
It is important to note that SB 1296 leaves intact a
court's power to punish contempt or violations of court
orders related to truancy, but simply eliminates
incarceration from the available sanctions in those narrow
instances. SB 1296 reaffirms the Legislature's long held
intention that truants should not be incarcerated.
JG:nl 4/9/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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