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COMMONWEAL
THE JUVENILE JUSTICE PROGRAM
P.O. BOX 316, BOLINAS, CA 94924 — (415) 388-6666 — commonweal.org
July 1, 2006
by David Steinhart, Director, Juvenile Justice Program
Juvenile Justice / Youth Crime Prevention Bills Pending In The California Legislature
This memo contains brief digests of selected bills introduced in the current two-year session of the California Legislature on the subjects of juvenile justice, youth corrections, youth crime and violence prevention and related youth services. This update shows bill status as of 7/1/06.
AB 314 (Parra, D.- Hanford). Case planning and program requirements for the Division of Juvenile Justice. Mandates changes in DJJ processing and programming for wards including: a) DJJ must perform a detailed study of ward needs within 30 days of commitment, b) DJJ must meet minimum standards for education and counseling services as detailed in the bill, c) DJJ must hold quarterly case conferences to assess each ward's progress, and d) DJJ must prepare ward re-entry studies. Held in Senate, dead.
AB 1806 (Committee on Budget). Juvenile Justice Re-Entry Challenge Grants. This budget trailer bill authorizes a new grant program for re-entry services for youth released on parole from the state Division of Juvenile Justice and for juveniles who are transitioning back to the community from out-of-home placements. Counties and nonprofits may apply for three year grants to provide a range of aftercare services to these youth. The Division of Juvenile Justice is to select grantees based on a competitive grant process. The Budget Act includes $10 million for the grant program for FY 06-07. Passed both houses, enrolled to the Governor.
AB 1945 (Coto, D.- San Jose ). Health insurance for minors released from detention. For minors released from detention exceeding 48 hours in a juvenile hall, camp or ranch, AB 1945 requires the "releasing authority" to determine whether the minor will have health insurance upon release, and if the minor lacks such coverage, it requires the releasing authority to take steps to enroll the minor in various health programs. Not moved by author. Dead.
AB 2004 (Yee, D- S.F.). Medi-Cal eligibility for incarcerated minors. Requires the state Department of Health services to suspend health care benefits under Medi-Cal for incarcerated minors, rather than terminate eligibility as provided by current law. Further requires the Department to ensure that a minor who is no longer an inmate of an institution has immediate access to health care services under Medi-Cal. Passed Sen. Health Committee 6/28, to Sen. Appropriations Committee.
AB 2798 (Goldberg, D- LA). Juvenile justice services. Would have established a three year pilot program in L.A. County serving juvenile court wards age 15-18 in county probation camps, ranches or forestry camps. Services would include education, vocation, aftercare and mental health services. No appropriation. Held in Assembly Appropriations Committee, dead.
AB 2923 (Calderon, D. - Montebello). Driver license penalties for graffiti offenses. Gutted and amended into a measure that would extend delay in issuance of a driver license to a possible three years (from one) for listed graffiti offenses. Passed Sen. Public Safety Committee on 6/27, to full Senate.
AB 2944 (Baca, D.- San Bernardino). GPS tracking devices for street gang members. States the intent of the Legislature to require criminal street gang members on parole to be outfitted with global positioning tracking devices. Not moved by the author. Dead.
AB 2967 (Rnner, R- Lancaster and Horton, D- Inglewood). Increased penalties for furnishing alcohol to minors. Increases the penalty for furnishing alcohol to a person under 21 who then causes injury or death to another from a misdemeanor to a wobbler (misdemeanor or felony). Failed passage n Senate Public Safety Committee 6/27, dead.
AB 3064 (Assembly Committee on Public Safety- Leno, D.- SF, Chair). Re-entry Advisory Committee within the Department of Corrections and Rehabilitation. Requires CDCR to establish a Re-entry Advisory Committee of criminal justice stakeholders to advise the Secretary of CDCR on "all matters related to the successful planning, implementation and outcomes of all re-entry programs and services provided by the Department". Other than its general mission statement, the bill is silent as to its possible application to wards of the Division of Juvenile Justice. Passed Senate Public Safety Committee on 627, to Sen. Appropriations Com.
SB 380 (Alquist, D- San Jose and Ashburn, R. -Bakersfield). State plan and alternative funding for children's residential care services ("Residentially Based Services"). See the digest and description for SB 1570. The entire content of SB 1570 has been moved into SB 380. The move leapfrogs, for now, the hold placed on SB 1570 by the Senate Appropriations Committee. In the Assembly Rules Committee for expected assignment to the Assembly Human Services Committee for hearing after the July recess.
SB 609 (Romero, D.- LA). CYA/Division of Juvenile Justice reform. As amended, requires the Division of Juvenile Justice to develop its own training materials and curricula and to provide trainers qualified in youth corrections (so called "firewall" from adult operations within CDCR). Also now requires DJJ to eliminate the practice of "23-and-1" confinement in its facilities except in emergencies. Passed Assembly Public Safety Committee on 6/27, to Assembly Appropriations Com.
SB 795 (Romero, D.- LA). CYA/ Division of Juvenile Justice parole reform. Amended in June to require the Division of Juvenile Justice to contract with one or more counties for programs and facilities to handle that county's caseload of DJJ technical parole violators in lieu of recommitment to a DJJ institution. Passed Assembly Public Safety Committee on 6/27, to Assembly Appropriations Com.
SB 1288 (Cedillo, D. - L.A. ). Medi-Cal drug/alcohol services for children and youth. As amended, describes four listed services in the Department of Health's "Youth Treatment Guidelines" to be added to Drug Medi-Cal funded services. Also, requires the state Department of Health Services to "use its best efforts" to obtain a federal Medicaid plan amendment that would support Medicare (federal share) coverage for these drug and alcohol services for children and youth. In Assembly Appropriations Committee.
SB 1373 (Romero, D- LA). Length of stay in California state youth corrections facilities. Requires the Division of Juvenile Justice (DJJ) to limit time-adds to not more than one month per ward-per year on average; requires DJJ to establish a system of good-time credits for the DJJ mainstream population; and requires DJJ to review initial sentences (Parole Consideration Dates) assigned upon commitment based on average lengths of stay for juvenile offenders in other-state youth corrections systems. Passed Assembly Public Safety Committee on 6/27, to Senate Appropriations Com.
SB 1382 (Morrow, R. - Oceanside). Mandatory curfew for parolees. Requires that each person released from prison on parole shall be subject to a curfew and must remain at his or her place of residence between the hours of 10 p.m. and 6 a.m. for the entire duration of the parole term. Not moved, dead.
SB 1502 (Hollingsworth, R.- Murrieta). Prohibition against felons working in group homes housing sex offenders. Prohibits any person convicted of a felony from owning, operating, managing or being employed in a group home that houses one or more convicted sex offenders. Extends the same prohibition to residential facilities for parolees operated under a contract with CDCR if the facility has one or more convicted sex offenders in residence. Provides license revocation penalties for failure to comply. Failed passage in the Senate Public Safety Committee, dead.
SB 1504 (Hollingsworth, R. - Murrieta ). Local business licensing of community care facilities serving juvenile or adult offenders. Reverses current state law by allowing local governments to require a licensed community care facility to obtain a local business license, if the facility serves any person under the jurisdiction or supervision of the Department of Corrections and Rehabilitation or if it serves any adult or juvenile offender pursuant to a court order. Failed passage in Senate Human Services Committee.
SB 1570 (Alquist- D.- San Jose). State plan and alternative funding for children's residential care services. Requires the State Interagency Team for Children and Youth, within the Health and Human Services Agency, to produce a statewide plan to transform California's present group home structure into a new system of residentially-based services for children in the child welfare, juvenile justice and mental health systems. The new system would change how group homes are utilized, the services they provide and the state-county payments they receive. The plan must incorporate a detailed list of objectives, program elements, client target groups, and funding options described in the bill. The plan must contemplate shorter lengths of stay for children in foster care and redeployment of related savings to cover the costs of services made available in the restructured system. As amended March 27, the bill also authorizes the Director of DSS to approve new county-provider agreements for innovative, residentially based children's services, and it allows the Director to waive foster care rates and regulations and to approve alternative funding arrangements (outside the "RCL" structure in current law) for children and families served under the county-provider agreements. Permits DSS to retain a consultant for this purpose using funds (if any) made available in the Budget Act. Held on suspense file in Senate Appropriations Committee. Nevertheless, the entire content of the bill has been moved into SB 380 by the author, pending in the Assembly, thus keeping the bill alive for Assembly Human Services Committee consideration after the summer break.
SB 1589 (Romero, D.- L.A.). DJJ custody options for high-risk/ high-needs offenders and for female offenders. Requires the Division of Juvenile Justice to explore program options outside of DJJ facilities for high risk or high needs offenders and for females at the Ventura facility. As amended, per the concerns asserted by the guards' union (CCPOA), states a preference for programs for female DJJ wards operated by government agencies. Requires CDCR to preserve the Ventura facility for correctional uses by the state if female DJJ wards are transferred out. Passed the Assembly Public Safety Committee on 6/27, to the Assembly Appropriations Committee.
SB 1595 (Machado, D- Stockton). Commitments to the Division of Juvenile Justice. Spot bill making non-substantive changes to WIC 1730 which prohibits the commitment of adults to DJJ facilities. Not moved by the author, dead.
SB 1616 (Kuehl, D.- Santa Monica.). Medi-Cal services for incarcerated minors with disabilities. Requires the Dept. of Health services to suspend rather than terminate Medi-Cal eligibility for minors who are incarcerated in a state youth correctional (DJJ) facility, and requires the Department to restore services to these minors upon release under defined circumstances. Requires the Division of Juvenile Justice in CDCR to take steps to qualify disabled minors for Medi-Cal services upon release and to ask the federal Social Security Administration in each case to allow, continue or renew SSI and SSDI benefits for incarcerated and disabled DJJ wards. As amended, requires the Department to convene a stakeholder group--with representation from CDCR, DJJ, counties and others--to devise implementation strategies. Passed Assembly Health Committee on 6/27, to Assembly Public Safety Committee.
SB 1626 (Ashburn, R. - Bakersfield ). Exclusions from eligibility for Deferred Entry of Judgment. As introduced, would have barred minors with listed sex offenses from eligibility for Deferred Entry of Judgment (the Proposition 21 program of supervision for first-time felonies that can result in dismissal of the original charge. As amended, eliminates the list of sex offenses and instead requires the court, prior to granting Deferred Entry status, to make a general finding that the minor is eligible for and would benefit from the Deferred Entry program. In the Assembly Appropriations Committee.
SB 1742 (Machado, D. - Stockton ) Division of Juvenile Justice acceptance criteria. Modifies the criteria at WIC 736 for DJJ acceptance of a delinquent ward committed to it by a Juvenile Court, by a) requiring DJJ to determine prior to acceptance that it has not only adequate facilities but also adequate staff and programs to care for the ward and b) by eliminating archaic language on acceptance of "sex deviates" and others and substituting instead a requirement that DJJ coordinate with the Department of Mental Health to determine how minors with mental and behavioral disorders can best be served. In the Assembly Appropriations Committee.
SB 1777 (Alarcon, D.- Sun Valley). Juvenile court schools. Requires juvenile court schools serving foster youth to designate staff persons as transitional counselors to arrange linkages of foster youth with other educational options. Mandates specific transition services for foster youth leaving juvenile court schools. Provides for allowances to school districts and county education offices to support these transition positions and services, not to exceed $5 million ($1 million/year) over a five year period. Passed Assembly Education Committee on 6/28, to Assembly Appropriations Com.