BILL ANALYSIS
SB 126
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Date of Hearing: August 9, 2000
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
SB 126 (Polanco) - As Amended: May 22, 2000
Policy Committee: Public
SafetyVote:6-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill creates the Office of the State Incarcerated Youth
Ombudsperson (SIYO) to assist juveniles detained within county
juvenile halls, camps and ranches, as well as in California
Youth Authority (CYA) facilities. Specifically, this bill:
1)Requires the ombudsperson, who would be appointed by the
governor for a four-year term, to investigate incidents and
complaints, attempt to resolve complaints, compile data, and
make corrective recommendations to the state and counties.
1)Provides the SIYO the same immunity from civil and criminal
liability as a judge and gives the SIYO the authority to:
a) Subpoena any person or evidence.
b) Enter and inspect any juvenile hall, camp or facility.
c) Examine records and documents of any state or local
agency.
d) Request the CYA, county probation department or county
welfare department to advise the SIYO of the action
taken non any SIYO recommendations.
1)Requires a toll-free telephone number be established for the
SIYO that must be posted next to each phone in every hall,
camp, ranch or CYA facility.
FISCAL EFFECT
Major annual GF personnel, equipment and operating costs - in
the range of $5 million, based on the existing Office of the
Inspector General, which has about 105 positions in its $10
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million budget to conduct independent audits, investigations and
reviews within the state correctional system. Though the state
has more people in its 86 facilities, the facilities are not as
spread out geographically as are the 100 or so local and state
facilities this bill addresses.
The state correctional system houses about 161,000 adults in 33
state prisons and 38 camps, and 7,500 wards in 11 CYA
institutions and 4 camps. The SIYO proposed by this bill would
be responsible for 7,500 CYA wards and 13,000 local wards housed
in about 80 juvenile halls, camps and ranches across the state.
The bill contains no budgetary or personnel detail.
COMMENTS
1)Rationale. 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 no 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)Existing Inspector Office of the Inspector General and CYA
Ombudsman . As referenced above, the state does have the Office
of the Inspector General, which was recast as an independent
watchdog just two years ago. Also, the CYA is in the process
of instituting its own ombudsman program, which is supposed to
function like that of the Department of Corrections, whose
four ombudspersons respond directly to the director and have
considerable autonomy.
3)Gut and Amend . When heard in the Senate, this bill addressed
the Prison Industry Authority.
Analysis Prepared by : Geoff Long / APPR. / (916)319-2081
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