BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 126|
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THIRD READING
Bill No: SB 126
Author: Polanco (D)
Amended: 8/25/00
Vote: 21
ALL SENATE VOTES : Not Relevant
ASSEMBLY FLOOR : Unavailable
SUBJECT : State Incarcerated Youth Ombudsperson
SOURCE : Author
DIGEST :. This is a new bill. As it left the Senate, this
bill dealt with the purpose of incarceration: Prison
Industry Authority.
As amended, this bill requires the director of the Youth
Authority to employ ombudspersons, with specified
authority, to provide assistance to wards and staff of
facilities of the State 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 provides 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 also requires 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
CONTINUED
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ranches.
ANALYSIS : 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 California Youth Authority (CYA) to
incarcerate and supervise certain youth offenders.
3. Authorizes the Board of Corrections (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.
This bill requires the California Youth Authority (CYA) to
employ ombudspersons to provide assistance to juveniles
detained and staff working within CYA facilities.
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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:
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 BOC to submit a report and make
recommendations to the Legislature by May 1, 2001,
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relative to the feasibility of establishing an
ombudsperson program under BOC's administration.
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 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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.
RJG:kb 8/31/00 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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