BILL ANALYSIS
SB 126
Page 1
Date of Hearing: June 13, 2000
Counsel: Fredericka McGee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
SB 126 (Polanco) - As Amended: May 22, 2000
SUMMARY : Creates an ombudsperson office to provide assistance
to juveniles detained within halls, camps and California Youth
Authority (CYA) facilities. Specifically, this bill :
1)Creates the Office of the State Incarcerated Youth
Ombudsperson (SIYO).
2)Provides that SIYO will provide assistance to youth between
the ages of 10 and 21 who are housed in a juvenile ranch,
camp, CYA facility or private facility with more than 12
minors.
3)Provides that the Governor shall appoint the ombudsperson,
based on specified criteria, to a full-time position for a
four-year term.
4)Requires the ombudsperson to:
a)Investigate incidents that arise involving youth between
the ages of 10 and 21 at various juvenile halls, camps, and
facilities;
b)Make recommendations relative to investigations in an
opinion to the CYA or county agency;
c)Attempt to resolve complaints informally;
d)Compile data relative to the investigations;
e)Provide a written plan to relevant state and county
entities; and,
f)Make requests to the Legislature when appropriate.
5)Grants the ombudsperson the authority to:
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a)Subpoena any person or evidence;
b)Enter and inspect any juvenile hall, camp or facility;
c)Examine records and documents of any of the impacted
juvenile facilities from any other state or local agency to
carry out his or her duties; and,
d)Request the CYA, county probation department or county
welfare department to advise the SIYO of the action taken
on any SIYO recommendations.
6)Requires that a toll-free telephone number be established for
the SIYO.
7)Requires a court to issue an order requiring compliance with a
request of the ombudsperson for records or documents.
EXISTING LAW :
1)Codifies the Youth Authority Act and states that its purpose
is to protect society from the consequences of criminal
activity and to that purpose to provide community and victim
restoration, and offender training and rehabilitative
treatment in lieu of retributive punishment. (Welfare and
Institutions Code (WIC) Sections 1700 et seq.)
2)Authorizes the CYA to incarcerate and supervise certain
youthful offenders. (Penal Code Section 6001.)
3)Authorizes the Board of Corrections to adopt minimum standards
for juvenile facilities and conduct a biennial inspection of
each jail, juvenile hall, or special purpose juvenile hall
used for the confinement of a minor. (WIC Sections 210 and
210.2.)
4)Requires juvenile court judges to inspect annually any jail,
juvenile hall, or special purpose juvenile hall used for the
confinement of any minor and to make a determination whether
the facility is a suitable place for the confinement of
minors. (WIC Section 209.)
5)Specifies that the Office of the Inspector General (IG) must
be independent and not be a subdivision of any other
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governmental agency and provides that the IG does not need the
approval of the Secretary of Youth and Adult Correctional
Agency to conduct an investigation or audit. (Penal Code
Sections 6125 and 6126.)
6)Requires that the Director of the California Department of
Corrections (CDC) expand the existing ombudsman program with
specific focus on maximum security institutions, and requires
a report to the Legislature outlining the plans for
implementation. (Penal Code Section 5066.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Youthful
offenders who are wards of the court are placed in CYA camps,
ranches and group homes. Currently, there is no entity for
which these minors can contact in the event their
institutional needs are not being met. Likewise, they have
not voice in the treatment they receive. This office of
ombudsperson is created to give wards a voice as it relates to
their health and welfare during their court ordered
programming."
2)Background : CYA is responsible for the protection of society
from the criminal and delinquent behavior of young people
(generally ages 12 to 24, average age 19). CYA operates
training and treatment programs that seek to educate, correct,
and rehabilitate youthful offenders rather than punish them.
CYA operates 11 institutions, including 2 reception
centers/clinics, and 4 conservation camps. In addition, CYA
supervises parolees through 16 offices located throughout
California. CYA has a ward population of 7,545 as of March
2000. According to the Legislative Analyst's Office (LAO),
the CYA population has declined by more than 25% since
1995-96. Currently, institutions are operating at
approximately 111% of their design capacity. LAO recommended
that the Youthful Offender Parole Board should work with CYA
to facilitate better coordination of ward rehabilitation.
Wards in CYA institutions are predominately male, 19 years old
on average, and come primarily from southern California.
Hispanics make up the largest racial and ethnic group in CYA
institutions, accounting for 49% of the total population.
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African Americans make up 29% of the population, whites 14%,
and Asians and others approximately 8%.
3)Current CYA Review : The Children's Legal Protection Center
(Youth Law Center) is a non-profit public interest law
organization that works to protect disadvantaged children
across the United States, focusing upon those youth who are
separated from their families and living in foster care or
juvenile justice systems. Pursuant to prior litigation, the
Youth Law Center agreed with CYA in July 1999 to allow the
Youth Law Center to conduct "paper views" of many of the
institutions instead of "in person" monitoring. However, the
Youth Law Center advised members of the Senate and Assembly
Committees on Public Safety during the Joint Information
Hearing on the CYA held on May 16, 2000, that Youth Law Center
had not received a significant portion of the statistical
documentation. The Youth Law Center cited several issues
relative to restricted lockdown units, public education,
special education programs, service levels, required
assessment and treatment timelines, inadequate qualified staff
and staff training.
4)CYA Incidents : During the Joint Informational Hearing on the
CYA, the following were some of the issues presented relative
to the treatment of CYA wards:
a)The Ventura County News reported on February 3, 2000 that a
21-year-old woman filed a civil rights lawsuit charging
that she was repeatedly molested by a male instructor and
guard while in custody. Fifteen employees were fired or
resigned. The local district attorney filed charges
against the male instructor who pleaded guilty last year to
sexually assaulting two female wards.
b)The Los Angeles Times reported on August 16, 1999 that the
CYA allowed Stanford University to conduct biomedical
research on dozens of teenage inmates at the state
correctional center in Stockton. During an eight-week
study, 61 male inmates were given a powerful psychiatric
drug to see if it would make them less aggressive.
c)The Youth Law Center reported that it had been in
communication with the CYA regarding several incidents
involving wards being dragged out of their rooms, nude and
hog-tied, denied food, beaten while handcuffed and denied
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toilet paper.
5)Other State Ombudsperson Programs : In 1998, SB 1913 (Ayala),
Chapter 969, Statutes of 1998, was enacted in response
misconduct by personnel of Corcoran State Prison. In the
policy committee analysis, Senator Ayala indicated that he did
not believe that the CDC and the CYA could effectively
investigate itself. As a result of SB 1913's enactment, the
IG became an independent entity and the CDC was required to
expand it ombudsperson program.
6)Prior Legislation : SB 1913 (Ayala), Chapter 969, Statutes of
1998.
REGISTERED SUPPORT / OPPOSITION :
Support
California Child, Youth & Family Coalition
Opposition
None on File
Analysis Prepared by : Fredericka McGee / PUB. S. / (916)
319-3744