BILL NUMBER: SB 126	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	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   Senators Dunn
and Polanco 
    (Coauthor:  Senator Solis) 
    (Coauthor:  Assembly Member Correa) 

                        DECEMBER 22, 1998

    An act to add Section 1713.5 to the Welfare and
Institutions Code, relating to juvenile offenders.   An
act to add Section 65051 to the Government Code, and to add Section
33492.114 to the Health and Safety Code, relating to community
development. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 126, as amended,  Polanco   Dunn  .
 State Incarcerated Youth Ombudsperson  
Redevelopment:  Tustin Marine Corps Air Station  . 
   Existing law authorizes a redevelopment project at the Tustin
Marine Corps Air Station, and designates the City of Tustin as the
local base reuse entity for purposes related to base reuse planning.

   This bill would require the City of Tustin, as the local reuse
entity, or the Tustin Community Redevelopment Agency, prior to
entering into or enforcing any contract regarding the development of,
or prior to conveying any property within, the area comprising the
air station, to find, based on substantial evidence in the record,
that the air station reuse plan include certain conveyances of
property to the Santa Ana Unified School District and the Rancho
Santiago Community College District.  The bill would also require
that finding as a condition of entering into or enforcing any
contract regarding the development of, or prior to conveying any
property within, the area comprising the air station. 
   Existing law requires all powers, duties, and functions pertaining
to the care and treatment of wards provided by law, and not
specifically assigned to the Youthful Offender Parole Board, to be
exercised by the Director of the Youth Authority.  Existing law also
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 require the Director of the Youth Authority to
employ ombudspersons, with specified authority, to provide assistance
to wards and staff of facilities of the Department of the Youth
Authority.  Among the duties of the ombudspersons would be the
dissemination of information, the investigation of complaints, and
notification of the outcome of complaints. The bill would provide
that a ward or staff member who meets or communicates with an
ombudsperson shall not be subject to any penalties or restrictions
because of that meeting or communication.  This bill would also
require the Board of Corrections to report to the Legislature on the
feasibility of establishing an ombudsperson program under the board
to serve juveniles held in local juvenile halls, camps, and ranches.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . State-mandated local program:   no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 1713.5 is added to the  
  SECTION 1.  Section 65051 is added to the Government Code, to read:

   65051.  Prior to the Tustin Community Redevelopment Agency or the
City of Tustin, as the local reuse entity responsible for oversight
of reuse of the Marine Corps Air Station-Tustin, entering into or
enforcing any contract regarding development of, or prior to its
entering into or enforcing any agreement to convey any property
within, the area comprising the Marine Corps Air Station-Tustin,
excluding contracts and conveyances to other public entities, other
than South County Community College District, designated in the City
of Tustin Base Reuse Plan, the City of Tustin or the Tustin Community
Redevelopment Agency shall find, based on substantial evidence in
the record, that the Marine Corps Air Station-Tustin Base Reuse Plan
includes the property conveyances described below (consistent with
the objective of the United States Department of Education's July 25,
1994, approval of the Santa Ana Unified School District's public
benefit conveyance application, and the United States Department of
Education's February 3, 1995, approval of the Orange County Education
Coalition's public benefit conveyance application, headed by the
Rancho Santiago Community College District), by which the Santa Ana
Unified School District and the Rancho Santiago Community College
District shall receive, for purposes of constructing and operating a
K-14 facility, title (a) to the property described as that portion of
the Marine Corps Air Station-Tustin consisting of a 100-acre parcel
of partially improved land and open space, within the jurisdiction of
the Santa Ana Unified School District, including, without
limitation, buildings and improvements numbers 176, 237, 514, 525,
526, 527, 531, 532, 535, 536, 571, 601, and aircraft parking apron
No. 4, as described in Exhibit IV. C. (2) of the Santa Ana Unified
School District's application for public benefit conveyance of that
property, or (b) to a portion of the Marine Corps Air Station-Tustin
that consists of a portion of land that is also acceptable to the
Santa Ana Unified School District and the Rancho Santiago Community
College District and that does not include any property designated in
the Marine Corps Air Station-Tustin Base Reuse Plan for another
public entity or nonprofit organization not referenced in this
section, including without limitation the County of Orange, the
Orange County Sheriff, and the Orange County Rescue Mission.  The
requirements of this section shall be deemed satisfied upon the
conveyance of the above-described property to Santa Ana Unified
School District and Rancho Santiago Community College District.
Prior to conveyance of this property, the Santa Ana Unified School
District and the Rancho Santiago Community College District shall
agree upon a legal description of the property.  In the event that
the above-described property is not conveyed to the Santa Ana Unified
School District or the Rancho Santiago Community College District
for any reason at the time the City of Tustin or the Tustin Community
Redevelopment Agency conveys or agrees to convey any property at the
Marine Corps Air Station-Tustin, the governing board of the Santa
Ana Unified School District or the Rancho Santiago Community College
District may acquire up to a total of 100 acres of property at Marine
Corps Air Station-Tustin for classroom facilities.  Notwithstanding
any other provision of law, for purposes of Section 1240.640 of the
Code of Civil Procedure, classroom use by the Santa Ana Unified
School District or the Rancho Santiago Community College District
shall be irrebuttably presumed to be a more necessary public use than
any other use at Marine Corps Air Station-Tustin.
  SEC. 2.  Section 33492.114 is added to the Health and Safety Code,
to read.
   33492.114.  Notwithstanding any other provision of law, prior to
entering into or enforcing any contract regarding development of, or
prior to conveying any property within, the area comprising the
Marine Corps Air Station-Tustin, excluding contracts and conveyances
to other public entities, other than to South Orange County Community
College District designated in the City of Tustin's Base Reuse Plan,
the City of Tustin or the Tustin Community Redevelopment Agency
shall find, based on substantial evidence in the record, that the
Marine Corps Air Station-Tustin Base Reuse Plan includes the property
conveyances described below (consistent with the objective of the
United States Department of Education's July 25, 1994, approval of
the Santa Ana Unified School District's public benefit conveyance
application, and the United States Department of Education's February
3, 1995, approval of the Orange County Education Coalition's public
benefit conveyance application, headed by the Rancho Santiago
Community College District), by which the Santa Ana Unified School
District and the Rancho Santiago Community College District shall
receive, for purposes of constructing and operating a K-14 facility,
title (a) to the property described as that portion of the Marine
Corps Air Station-Tustin consisting of a 100-acre parcel of partially
improved land and open space, within the jurisdiction of the Santa
Ana Unified School District, including, without limitation, buildings
and improvements numbers 176, 237, 514, 525, 526, 527, 531, 532,
535, 536, 571, 601, and Aircraft Parking Apron No. 4, as described in
Exhibit IV. C. (2) of the Santa Ana Unified School District's
application for public benefit conveyance of that property, or (b) to
a portion of the Marine Corps Air Station-Tustin that consists of a
portion of land that is also acceptable to the Santa Ana Unified
School District and the Rancho Santiago Community College District
and that does not include any property designated in the Marine Corps
Air Station-Tustin Base Reuse Plan for another public entity or
nonprofit organization not referenced in this section, including
without limitation the County of Orange, the Orange County Sheriff,
and the Orange County Rescue Mission.  The requirements of this
section shall be deemed satisfied upon the conveyance of the
above-described property to the Santa Ana Unified School District and
the Rancho Santiago Community College District.  Prior to conveyance
of this property, the Santa Ana Unified School District and the
Rancho Santiago Community College District shall agree upon a legal
description of the property.  In the event that the above-described
property is not conveyed to the Santa Ana Unified School District or
the Rancho Santiago Community College District for any reason at the
time the City of Tustin or the Tustin Community Redevelopment Agency
conveys or agrees to convey any property at the Marine Corps Air
Station-Tustin, the governing board of the Santa Ana Unified School
District or the Rancho Santiago Community College District may
acquire up to a total of 100 acres of property at the Marine Corps
Air Station-Tustin for classroom facilities.  Notwithstanding any
other provision of law, for purposes of Section 1240.640 of the Code
of Civil Procedure, classroom use by the Santa Ana Unified School
District or the Rancho Santiago Community College District shall be
irrebuttably presumed to be a more necessary public use than any
other use at the Marine Corps Air Station-Tustin.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the City of Tustin and the
Tustin Community Redevelopment Agency.  The facts constituting the
special circumstances are:
   The City of Tustin has submitted to the Department of the Navy the
Marine Corps Air Station-Tustin Base Reuse Plan that does not
allocate property to the Santa Ana Unified School District or to the
Rancho Santiago Community College District, and has taken the
position that the Department of Education's approvals of their public
benefit conveyance requests are invalid.  Nevertheless, the City of
Tustin has allocated property in the Marine Corps Air Station-Tustin
Base Reuse Plan to other school districts whose public benefit
conveyances were also approved by the Department of Education.
Regardless of the ultimate validity or invalidity of the Department
of Education's approvals of the public benefit conveyance requests,
the reuse of the Marine Corps Air Station-Tustin provides a unique
opportunity to help the Santa Ana Unified School District and the
Rancho Santiago Community College District address conditions of
severe overcrowding.  Public education is a fundamental community
need that outweighs the need for additional commercial development in
the region.  These unique circumstances require the City of Tustin
to convey property to the Santa Ana Unified School District and the
Rancho Santiago Community College District so that these legitimate
and crucial community needs may be met as a result of the closure of
the Marine Corps Air Station-Tustin.   Welfare and
Institutions Code, to read:
   1713.5.  (a) The Director of the Youth Authority shall employ
ombudspersons to provide assistance to wards and staff of facilities
operated by the Department of the Youth Authority.
   (b) The ombudspersons shall be persons of recognized judgment,
objectivity, and integrity, who are qualified by training and
experience to analyze problems of corrections administration and
public policy.
   (c) The ombudsperson shall do the following:
   (1) Disseminate information regarding the rights of wards.
   (2) Investigate complaints related to the care, placement, and
services for wards and attempt to resolve those complaints
informally.
   (3) Insure that complaints regarding any action by the department
that is contrary to law or to the department's policies and
procedures are investigated.
   (4) Report to the director on the nature of complaints received,
their sources, and the outcome of any investigations.
   (5) Notify the person making the complaint the final outcome of
the complaint or the reason the complaint has not been investigated.
This paragraph shall not be construed to allow the disclosure of
confidential information as specified in Sections 832.7 and 832.8 of
the Penal Code.
   (6) Refer criminal complaints to the department's internal affairs
unit or the local law enforcement agency.
   (d) The ombudspersons shall have authority to do any of the
following:
   (1) Enter and inspect any Youth Authority facility.
   (2) Meet or communicate with any ward or staff member who requests
a meeting with an ombudsperson.
   (3) Correspond confidentially with any ward or staff member.
   (e) No ward or staff member who meets or communicates with an
ombudsperson shall be subject to any penalties, sanctions, or
restrictions because of that meeting or communications.
  SEC. 2.  The Board of Corrections shall report to the Legislature
by May 1, 2001, on the feasibility of establishing an ombudsperson
program under the administration of the board to serve juveniles held
in local justice halls, camps, and ranches.  The report shall
include, but not be limited to, recommendations for the program,
including staffing, costs, procedures, and goals.