BILL ANALYSIS
SB 126
Page 1
SENATE THIRD READING
SB 126 (Polanco)
As Amended August 25, 2000
Majority vote
SENATE VOTE :35-0
PUBLIC SAFETY 6-1 APPROPRIATIONS 15-5
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|Ayes:|Washington, Battin |Ayes:|Migden, Alquist, Aroner, |
| |Cedillo, Firebaugh, | |Cedillo, Corbett, Davis, |
| |Keeley, Romero | |Kuehl, Maldonado, Papan, |
| | | |Romero, Shelley, Thomson, |
| | | |Wesson, Wiggins, Wright |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dickerson |Nays:|Campbell, Ackerman, |
| | | |Ashburn, Brewer, Zettel |
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SUMMARY : Requires the California Youth Authority (CYA) to
employ ombudspersons to provide assistance to juveniles detained
and staff working within CYA facilities. Specifically, this
bill :
1)Requires CYA to employ ombudpersons to assist wards and staff
at CYA facilities.
2)Provides that the ombudspersons will:
a) Disseminate information regarding ward rights;
b) Investigate incidents relative to ward care, placement
and services;
c) Investigate any CYA action that is contrary to the law
or CYA policy;
d) Advise the complainant of the results of the
investigation; and,
e) Refer criminal complaints to the CYA internal affairs
unit.
3)Grants the ombudspersons the authority to:
SB 126
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a) Enter and inspect any CYA facility;
b) Meet with any ward or staff who request a meeting; and,
c) Correspond confidentially with any ward or staff member.
4)Requires the Board of Corrections (BOC) to submit a report and
make recommendations to the Legislature by May 1, 2001
relative to the feasibility of establishing an ombudsperson
program under BOC's administration.
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.
2)Authorizes the CYA to incarcerate and supervise certain
youthful offenders.
3)Authorizes the BOC 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.
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.
5)Specifies that the Office of the Inspector General (IG) must
be independent and not be a subdivision of any other
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.
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.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, major annual General Fund personnel,
equipment and operating costs, in the range of $5 million, based
on the existing Office of the IG, which has about 105 positions
in its $10 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 four camps.
This bill contains no budgetary or personnel detail.
COMMENTS : 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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Fredericka McGee / PUB. S. / (916)
319-3744
FN: 0006399