BILL NUMBER: SB 126 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 22, 2000
AMENDED IN ASSEMBLY MAY 10, 2000
AMENDED IN SENATE JANUARY 18, 2000
AMENDED IN SENATE APRIL 27, 1999
AMENDED IN SENATE APRIL 15, 1999
AMENDED IN SENATE MARCH 25, 1999
AMENDED IN SENATE FEBRUARY 25, 1999
INTRODUCED BY Senator Polanco
DECEMBER 22, 1998
An act to add Section 208.7 to the Welfare and Institutions Code,
relating to juvenile offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 126, as amended, Polanco. State Incarcerated Youth
Ombudsperson.
Existing law directs the Board of Corrections to conduct biennial
inspections of each jail, juvenile hall, lockup, or special purpose
juvenile hall that was used to confine a minor during the preceding
calendar year.
This bill would create the Office of the State Incarcerated Youth
Ombudsperson to provide assistance to persons who are at least 10
years of age, but not more than 21 years of age, who are within the
jurisdiction of the juvenile court on the basis of criminal conduct,
and who are detained in or confined to juvenile homes
halls and camps, facilities operated by the
Department of the Youth Authority, or private facilities licensed to
house more than 12 minors, in resolving issues related to their
placement, care, or services.
The bill would provide that the Governor shall appoint the
ombudsperson to a 4-year term. The bill would direct the
ombudsperson to investigate incidents involving persons who are
eligible to receive assistance from the ombudsperson. Among other
things, the bill would require the ombudsperson to compile and make
available to the Legislature specified data collected relating to
these duties. The bill would authorize the ombudsperson to examine
records and documents of any juvenile home
hall or camp, a facility operated by the Department of the
Youth Authority, or any private facility licensed to house more than
12 minors, that is used for the detention or incarceration of persons
who are eligible to receive assistance from the ombudsperson. The
ombudsperson would also have access to any record of a state or local
agency that is necessary to carry out his or her duties.
The bill would provide that a court shall issue an order requiring
compliance with a request of the ombudsperson, as specified, to any
person who willfully obstructs or hinders the ombudsperson in the
proper and lawful exercise of his or her duties, or who willfully
misleads or attempts to mislead the ombudsperson in his or her
inquiries or investigation.
The bill would also provide that the ombudsperson and his or her
staff would have the same immunity from civil and criminal liability
as a judge.
The Department of Corrections or the Youth
Authority, a county probation department , or a county
welfare department, as applicable, would be required to respond
to the ombudsperson regarding action taken on recommendations of the
ombudsperson or the reasons for not taking that action, thus
establishing a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 208.7 is added to the Welfare and Institutions
Code, to read:
208.7. (a) (1) There is hereby created the Office of the State
Incarcerated Youth Ombudsperson.
(2) The Governor shall appoint the State Incarcerated Youth
Ombudsperson. The appointment shall be for a term of four years.
The Governor shall make his or her decision in consultation with a
committee comprised of at least seven but not more than 10 persons,
including at least one representative each of county probation
officers, the Department of the Youth Authority, the Board of
Corrections, juvenile court judges, and youth advocacy organizations.
The Director of the Youth Authority shall select the committee
members, the majority of whom shall be representatives of youth
advocacy organizations.
(3) The position of State Incarcerated Youth Ombudsperson shall be
a full-time position and the person appointed to that position shall
not be employed in any other capacity. The ombudsperson shall be a
person of recognized judgment, objectivity, and integrity who is
qualified by training and experience to analyze problems of law
enforcement, corrections administration, and public policy. The
ombudsperson shall not do any of the following:
(A) Be actively involved in political party activities.
(B) Be a candidate for or hold other public office, whether
elective or appointive.
(C) Be engaged in any other full-time occupation, business, or
profession.
(b) The Office of the State Incarcerated Youth Ombudsperson shall
provide assistance to persons who are at least 10 years of age but
not more than 21 years of age, who are within the jurisdiction of the
juvenile court pursuant to Section 602, and who are detained in or
committed to a juvenile home hall or
camp, a facility operated by the Department of the Youth Authority,
or a private facility licensed to house more than 12 minors. The
Office of the State Incarcerated Youth Ombudsperson shall do all of
the following:
(1) Disseminate information regarding the rights of persons to
whom the ombudsperson is authorized to provide assistance pursuant to
this section and regarding the types of assistance available.
The information shall include a notice that conversations
with the office may not be confidential.
(2) Investigate and attempt to resolve complaints related to care,
placement, or services made by or on behalf of persons eligible to
receive assistance from the ombudsperson. The office shall
investigate, upon complaint or upon his or her own initiative, any
incident involving a person eligible to receive assistance from the
ombudsperson that occurred in a juvenile home
hall or camp, in a facility operated by the Department of the
Youth Authority, or in a private facility licensed to house more than
12 minors if the incident comes within any of the following
descriptions:
(A) Is contrary or inconsistent with law or Department of
Corrections the Youth Authority practice.
(B) Is inadequately explained when reasons should have been
revealed.
(C) Is inefficiently performed.
(D) Is unreasonable, unfair, or otherwise objectionable, even
though in accordance with law.
(3) Determine whether to investigate a complaint or refer
complaints to another agency for investigation. The ombudsperson may
decide not to investigate a complaint or incident under either of
the following conditions:
(A) The complaint is trivial, frivolous, vexatious, or was not
made in good faith.
(B) The complaint has been too long delayed to justify present
examination. If
(4) If the office decides to investigate a complaint, then
it shall (A) notify the complainant of the intention to investigate,
(B) update the complainant on the progress of the investigation, and
(C) notify the complainant of the final outcome. If the office
declines to investigate a complaint or continue an investigation, the
office shall notify the complainant of the reasons for declining to
investigate.
(4)
(5) Document the number, source, location, and nature of the
complaints submitted to the office.
(5)
(6) Compile and make available to the Legislature all data
collected over the course of the year, including, but not limited to,
the number of calls to the toll-free telephone number, the number of
complaints made, the number of investigations performed by the
office, the number of referrals made, and the number of unresolved
complaints.
(6)
(7) Collaborate with local ombudspersons.
(c) The ombudsperson shall hire the necessary personnel
to perform the functions of the office. He or she shall
have the power to do all of the following:
(1) Hire the necessary personnel to perform the functions of
the office, and establish and administer a budget for the office.
(2) Investigate, upon complaint or upon his or her own
initiative, any incident involving a person who is eligible to
receive services provided by the ombudsperson that occurred in a
juvenile home hall or camp, at a
facility operated by the Department of the Youth Authority, or in a
private facility licensed to house more than 12 minors that is used
for the detention or confinement of any person who is eligible to
receive assistance from the ombudsperson.
(2)
(3) Adopt rules necessary for the discharge of the duties of
the office, including procedures for receiving and processing
complaints, conducting investigations, and reporting findings.
(3)
(4) Examine records and documents of any juvenile
home hall or camp, a facility operated by the
Department of the Youth Authority, or any private facility licensed
to house more than 12 minors that is used for the detention or
confinement of a person who is eligible to receive assistance from
the ombudsperson.
(4)
(5) Enter and inspect without notice any juvenile
home hall or camp, the Youth Authority, or any
private facility licensed to house more than 12 minors used for the
detention or confinement of a person who is eligible to receive
assistance from the ombudsperson.
(5) Subpoena
(6) Notwithstanding Section 827, subpoena any person to
appear, to give sworn testimony, or to produce documentary or other
evidence that is reasonably material to an inquiry authorized
pursuant to this section.
(6)
(7) Undertake, participate in, or cooperate with persons and
agencies in conferences, inquiries, meetings, or studies that may
lead to improvements in the functioning of the juvenile
homes halls and camps, facilities operated by
the Department of the Youth Authority, and private facilities
licensed to house more than 12 minors that are used for the detention
or confinement of a person who is eligible to receive assistance
from the ombudsperson.
(7) Establish and administer a budget for the office.
(8) Conduct any investigation he or she deems necessary.
(9) Attempt to resolve complaints informally.
(10) Submit a written plan to the relevant state or county agency
recommending a course of action to resolve the complaint. If the
ombudsperson makes a written recommendation, the state or county
agency shall submit a written response to the ombudsperson within 30
business days.
(11) Request the Legislature to take any necessary legislative
action reasonably related to the performance of his or her duties.
(d) Notwithstanding any other provision of state law, to the
extent consistent with federal law, the ombudsperson shall have
access to any record of a state or local agency that is necessary to
carry out his or her responsibilities, and may meet or communicate
with any person who is detained or confined in a juvenile
home hall or camp, a facility operated by the
Department of the Youth Authority, or private facility licensed to
house more than 12 minors if that person is eligible to receive
assistance from the ombudsperson.
(e) The ombudsperson shall treat confidentially all matters and
the identities of the complainants and witnesses. The ombudsperson
shall not levy any fees for the submission or investigation of
complaints.
(f) In his or her efforts to resolve complaints made pursuant to
this section, the ombudsperson may do any of the following:
(1) Conduct any investigation he or she deems necessary.
(2) Attempt to resolve complaints informally.
(3) Submit a written plan to the relevant state or county agency
recommending a course of action to resolve the complaint. If the
ombudsperson makes a written recommendation, the state or county
agency shall submit a written response to the ombudsperson within 30
business days.
(g)
(f) A toll-free telephone number shall be established for
the office. The toll-free telephone number shall be posted next to
each telephone that is located in a juvenile home
hall or camp, a facility operated by the Department of the
Youth Authority, or a private facility licensed to house more than
12 minors, and that is authorized for use by persons who are eligible
to receive assistance from the ombudsperson.
(h)
(g) After investigation of any action, the ombudsperson
shall state the recommendations and reasons if, in the ombudsperson's
opinion, the Department of Corrections, or
the Youth Authority, a county probation department , or a
county welfare department, as applicable, should:
(1) Consider the matter further.
(2) Modify or cancel any action.
(3) Alter a rule, practice, or ruling.
(4) Take any other action.
Upon request of the ombudsperson, the Department of
Corrections the Youth Authority, or a county
probation department , or the county welfare department, as
applicable, shall, within the time period specified by the
ombudsperson, inform the ombudsperson about the action taken on the
recommendations or the reasons for not complying with them. The
ombudsperson may issue a report concerning the compliance or
noncompliance of the department or ,
the county probation department , or the county welfare
department, as applicable, with his or her recommendations.
The ombudsperson may request the Legislature to take any necessary
legislative action reasonably related to the performance of his or
her duties.
(i)
(h) The ombudsperson and the staff of the office shall have
the same immunity from civil and criminal liability as a judge of
this state.
(j)
(i) If any person willfully obstructs or hinders the
ombudsperson in the proper and lawful exercise of his or her duties,
or willfully misleads or attempts to mislead the ombudsperson in his
or her inquiries or investigation, the court, on application of the
ombudsperson, shall issue an order mandating compliance with a
request made by the ombudsperson that is necessary and proper to
carry out his or her duties.
(k)
(j) No person who files a complaint with the ombudsperson
shall be subject to any penalties, sanctions or restrictions because
of that complaint.
(l)
(k) A letter to the ombudsperson from a person who is
eligible for services provided by the ombudsperson who is detained or
confined shall be forwarded immediately, unopened , to
the ombudsperson. A letter from the ombudsperson to a person who is
eligible to receive assistance from the ombudsperson shall be
immediately delivered, unopened, to the person.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.