HomeMy WebLinkAboutAGENDA REPORT 2006 0719 CC REG ITEM 09FITEM q • F•
i?�' -3T MOORPARK, CALIFORNIA
cou;,cii Meetinq
MOORPARK CITY COUNCIL of 'f -/9 _o Go (o
AGENDA REPORT ACTION:_
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Manager
DATE: July 12, 2006 (CC Meeting of 7119/06)
SUBJECT: Consider Taking a Position Opposing SB 1589
(Romero) — As Amended
SUMMARY:
On June 28, 2006, the Assembly Committee on Public Safety passed SB
1589 with a new amendment mandating the State Department of Corrections
and Rehabilitation to find an alternative use for the Ventura Youth
Correctional Facility located outside Camarillo. After transfer of the current
female juvenile population out of the facility, options for alternative use shall
include housing male wards of the juvenile justice system or low level
offenders from the adult inmate population.
DISCUSSION:
Prior to the author's most recent amendment, SB 1589 was a measure
designed to mandate the Division of Juvenile Justice to explore options for
providing specialized programming outside of division facilities for high risk or
high need juvenile offenders.
In the amendment by Senator Romero dated June 21, however, a new
provision was added requiring the Department of Corrections to find an
alternative use for the Ventura Youth Correctional Facility upon transfer of the
female juveniles who currently occupy the facility. The options for alternative
use "shall include housing male wards of the Division of Juvenile Justice or
low level offenders from the adult inmate population." The Ventura Youth
Correctional Facility is the only facility in the state named in the amendment
and subject to this additional requirement.
The amendment to SB 1589 and its latest Committee passage coincide with
Governor Schwarzenegger's call for a Special Session of the Legislature to
address prison overcrowding. SB 1589 has been referred to the Assembly
Committee on Appropriations with a hearing scheduled on August 9, 2006.
RECOMMENDATION:
A MOTION to Strongly Oppose SB 1589 (Romero), As Amended.
000136 A
ITEM 9.F.
CITY OF MOORPARK - BILL ANALYSIS
SB 1589 (Romero) — as Amended
Title: An act to add Section 1756.5 to the Welfare and Institutions Code,
relating to the Division of Juvenile Justice.
Summary: SB 1589 (Romero) would require the Division of Juvenile Justice
to explore options for providing specialized programming outside of division
facilities for high risk or high need juvenile offenders. In addition, the bill
would require that priority for placement of female offenders be given to
government agencies or other alternatives, and that all female offenders be
transferred out of juvenile division facilities as expediently as possible.
Pursuant to the author's amendment on June 21, 2006, SB- 1589 would
further require that the Department of Corrections and Rehabilitation find an
alternative use for the Ventura Youth Correctional Facility, located just
outside of the City of Camarillo. After transfer of the current female juvenile
population out of the facility, options for alternative use shall include housing
of male wards of the juvenile justice division or low level offenders from the
adult inmate population.
Impact: SB 1589, as amended, would replace female juveniles or the lowest
level offenders in the state correctional system, with juvenile males or adult
inmates who are significantly higher level offenders, at the Ventura Youth
Correctional Facility. This proposal is not compatible with the residential,
commercial and other land uses in the vicinity.
Current Status: Passed Senate Floor on May 30; amended to add Ventura
Youth Correctional Facility on June 21; passed Assembly Committee on
Public Safety on June 28; in Assembly Committee on Appropriations with
hearing scheduled on August 9, 2006.
Supporters: Books Not Bars; Youth Law Center.
Opponents: City of Camarillo, Ventura County Council of Governments,
California District Attorneys Association, Chief Probation Officers of California
Staff Recommendation: Strongly Oppose
ATTACHMENTS: Bill Text
Current Status Report
Committee Reports:
Senate Rules
Senate Public Safety
Assembly Public Safety
Senate Appropriations
AMENDED IN ASSEMBLY JUNE 21, 2006
AMENDED IN SENATE MAY 17, 2006
SENATE BILL No. 1589
Introduced by Senator Romero
February 24, 2006
An act to add Section 1756.5 to the Welfare and Institutions Code,
relating to the Division of Juvenile Justice.
LEGISLATIVE COUNSEL'S DIGEST
SB 1589, as amended, Romero. Division of Juvenile Justice:
specialized programming.
The Division of Juvenile Justice is vested with all the powers,
functions, duties, responsibilities, obligations, liabilities, and
jurisdiction of the former Youth Authority. The Division of Juvenile
Justice consists of the Division of Juvenile Facilities, the Division of
Juvenile Programs, and the Division of Juvenile Parole Operations
under the Chief Deputy of Juvenile Justice, each headed by a chief
who is appointed by the Governor and subject to Senate confirmation.
This bill would require the Division of Juvenile Justice to explore
options to provide specialized programming outside of division
facilities for high risk or high need juvenile offenders, taking into
account availability and specified criterion. The bill would further
require the division to give priority for the placement of female
offenders with governmental agencies or, if unavailable, to report
alternatives to the Legislature at that time. The bill would also require
the division to transfer all female offenders out of division facilities as
expediently as possible. Upon that transfer, the bill would require the
Department of Corrections and Rehabilitation to find an alternative
use for the Ventura Youth Correctional Facility. If used to house adult
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SB 1589
—2—
inmates, the bill would then require the department to implement an
honor yard program at that facility, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
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The people of the State of California do enact as follows:
SECTION 1. Section 1756.5 is added to the Welfare and
Institutions Code, to read:
1756.5. (a) The Division of Juvenile Justice shall explore
options to provide specialized programming outside of division
facilities for high risk or high need offenders, if programming is
available. Specialized programs for these offenders shall take
into account commitment offenses, delinquency history, age,
gender, medical and mental health condition, risk levels, and any
other commitment criteria.
(b) The Division of Juvenile Justice may also consider
changes with respect to eligibility, age, jurisdiction, or length of
confinement in order to ensure quality programming within
division facilities.
(c) (1) Given the small number of female offenders and their
specialized needs, the Division of Juvenile Justice shall explore
options to provide programming for female offenders outside of
division facilities. In considering these options, the division shall
give priority for the placement of female offenders to
governmental agencies or, if those options are not appropriate or
available for the placement of female offenders, the division shall
report any and all other alternatives to the Legislature at that
time. The division shall transfer all female offenders out of
division facilities as expediently as possible.
(2) Once the female offender population has been transferred
out of division facilities, the Department of Corrections and
Rehabilitation shall find an alternative use for the Ventura Youth
Correctional Facility. Options shall include housing male wards
of the Division of Juvenile Justice or low level offenders from the
adult inmate population. If adult inmates are housed in this
facility, the Department of Corrections and Rehabilitation shall
implement an honor yard program, such as exists at the
California State Prison, Los Angeles County, in Lancaster,
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3— SB 1589
drawing on the policies set forth in its honor yard operational
procedures.
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3 L ID69 ASsemwy tsin - status
CURRENT BILL STATUS
MEASURE : S.B. No. 1589
AUTHOR(S) Romero.
TOPIC Division of Juvenile Justice: specialized programming.
HOUSE LOCATION ASM
+LAST AMENDED DATE 06/21/2006
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Fiscal
Non -Tax Levy
Page 1 of 1
LAST HIST.*ACT. DATE: 06/28/2006
LAST HIST. ACTION From committee: Do pass, but first be re- referred to
Com. on APPR. (Ayes 4. Noes 2.) Re- referred to Com.
on APPR.
COMM. LOCATION ASM APPROPRIATIONS
HEARING DATE 08/09/2006
TITLE An act to add Section 1756.5 to the Welfare and
Institutions Code, relating to the Division of Juvenile
Justice.
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31 H1NLjinu Lommittee
Page 1 of 1
If} 'ail ljo r i a State Senate
Ha me Senators Legislation Cormnittees Schedules OfficesiC'aueuses AudWTV Faq
Sufi- - Standing Committees -
Coinnsitlees Appropriations
I}7tblic" rions Appropriations Committee meets every Monday at 1:30 P.M. in Room
4203.
JURISDICTION: Bills that are subject to Joint Rule 10.5 and are not
referred to the Budget and Fiscal Review Committee. Bills that
constitute a state - mandated local program.
Members:
` eilator I evin i ut -ray (Cliai )
Senator Sa:niuel .Aai1e stall ( ice -0mir)
Seiiator Ricliai'cl Alarcon_
` eilallor Elaine MgUist
&.,natpr Roy Ashburn
Senator Jim Battin
Senator Robert Dutton
iSeiiat,+ tMartha Escut €a
Senator Dean Florez
Senator Deborah Ortiz
Sciiator C'hades Yoochip.11l
Senator Gloria .Romero
Sc,n atoi 'I "orn Torlalcsori.
Addresses & Staff:
Staff Director:
Bob Franzoia
Consultants:
Miriam Barcellona
Ingenito, John Decker,
Nora Lynn, Mark
McKenzie, John Miller
and Maureen Ortiz
Assistant:
Sally Ann Romo and
Krimilda Hodson
Phone:
(916)651 -4101
Room:
2206
Home sk�lwtors f_c�t;islation C "o.111mittees scliedult=s 01'1i(vN /('m1 t ; "eS X41(ti {zII FmIsil.ild's
Please send any questions or comments about this site to Web 11 stc a, , :st.c.►.: 04
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SB 1589 Senate Bill - Bill Analysis
Page 1 of 4
------------------------------------------------------------
ISENATE RULES COMMITTEE I SB 15891
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 651 -1520 Fax: (916)
327 -4478
------------------------------------------------------ - - - - --
THIRD READING
Bill No: SB 1589
Author: Romero (D)
Amended: 5/17/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE 4 -2, 4/25/06
AYES: Migden, Cedillo, Perata, Romero
NOES: Poochigian, Margett
SENATE APPROPRIATIONS COMMITTEE 8 -5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SUBJECT_ . Juvenile justice: Division of Juvenile Justice
SOURCE : Author
DIGEST This bill (1) requires the Division of Juvenile
Justice (DJJ) to explore options for specialized
programming for high risk or high needs wards outside of
DJJ, as specified, and (2) authorizes DJJ to consider
certain changes pertaining to its composition, as
specified.
ANALYSIS Current law provides that the California
Department of Corrections and Rehabilitation (CDCR), DJJ,
has jurisdiction over all educational training and
treatment institutions now or hereafter established and
maintained in the state as correctional schools for the
CONTINUED
SB 1589
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SB 1589 Senate Bill - Bill Analysis
Page 1 of 4
------------------------------------------------------------
ISENATE RULES COMMITTEE I SB 15891
Office of Senate Floor Analyses
1020 N Street, Suite 524
1(916) 651 -1520 Fax: (916)
327 -4478
------------------------------------------------------ - - - - --
THIRD READING
Bill No: SB 1589
Author: Romero (D)
Amended: 5/17/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE 4 -2, 4/25/06
AYES: Migden, Cedillo, Perata, Romero
NOES: Poochigian, Margett
_SENATE APPROPRIATIONS COMMITTEE 8 -5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SUBJECT__ . Juvenile justice: Division of Juvenile Justice
SOURCE : Author
DIGEST This bill (1) requires the Division of Juvenile
Justice (DJJ) to explore options for specialized
programming for high risk or high needs wards outside of
DJJ, as specified, and (2) authorizes DJJ to consider
certain changes pertaining to its composition, as
specified.
ANALYSIS Current law provides that the California
Department of Corrections and Rehabilitation (CDCR), DJJ,
has jurisdiction over all educational training and
treatment institutions now or hereafter established and
maintained in the state as correctional schools for the
CONTINUED
__SB 1589
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SB 1589 Senate Bill - Bill Analysis
2 Page
reception of wards of the juvenile court and other persons
committed to CDCR.
Current law provides that DJJ "may do all lawful acts which
it deems necessary to effectuate the purposes for which
such schools are established, and to promote the
well- being, education and reformation of the inmates
thereof; but the authority shall not incur any indebtedness
in excess of the moneys appropriated or otherwise made
available for the use of such schools."
Current law authorizes DJJ, in "order to provide counties
with alternative placement options, ? to establish,
maintain, or facilitate the development of regional
centers, which may be available on a contract basis to
counties for the placement of wards. The regional centers,
depending on the services needed, may provide, but are not
limited to, the following: mental health programs,
short -term incarceration and treatment services, and boot
camp programs. This section shall not be interpreted to
prohibit counties from jointly developing regional
centers."
This bill requires DJJ to "explore options to provide
specialized programming outside of division facilities for
high risk or high need offenders, if programming is
available. Specialized programs for these offenders shall
take into account commitment offenses, delinquency history,
age, gender, medical and mental health condition, risk
levels, and any other commitment criteria."
This bill further authorizes DJJ to "also consider changes
with respect to eligibility, age, jurisdiction, or length
of confinement in order to ensure quality programming
within division facilities."
This bill requires DJJ, "(g)iven the small number of female
offenders and their specialized needs, . . . (to) explore
options to provide programming for female offenders outside
of division facilities." In considering these options, the
DJJ shall give priority for the placement of female
offenders to governmental agencies or, if those options are
not appropriate or available for the placement of female
offenders, the DJJ shall report any and all other
3
SB 1589
Page
alternatives to the Legislature at that time. The DJJ
shall transfer all female offenders out of division
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SB 1589 Senate Bill - Bill Analysis
facilities as expediently as possible.
FISCAL EFFECT
Local: No
Appropriation: No Fiscal Com.: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006 -07 2007 -08 2008 -09
Programming, relocation Unknown, likely at least
$6 million General
SUPPORT (Verified 5/25/06)
California National Organization for Women
OPPOSITION (Verified 5/25/06)
California Correctional Peace Officers Association
California District Attorneys Association
Chief Probation Officers of California
ARGUMENTS IN SUPPORT The author states in part:
"The Division of Juvenile Justice currently houses
approximately 130 female wards, which is less than 5%
of the total juvenile offender population in state
custody. Yet, the Ventura Youth Correctional facility,
in which the female wards are housed, currently costs
the state over $31,000,000?
" ?In the recent Accountability Audit of 2005, the
Office of the Inspector General found that 30% of
classes were being cancelled due to an unavailability
of teachers. Although the OIG found significant
improvement from a 2002 audit conducted when Ventura
was still a co- educational facility, the OIG also found
that improvements could be made in the provision of
health, mental health, education, and in staff training
and safety. The OIG also recommended the
SB 1589
Page
implementation of better fiscal controls to mitigate
the bloated Ventura budget.
"Other problems relating to the gender- specific needs
of the population also continue to exist -such as a lack
of comprehensive policies and procedures governing the
medical care of the female wards. As part of the
Fund
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SB 1589 Senate Bill - Bill Analysis
Page 4 of 4
reorganization, the California Department of
Corrections and Rehabilitation convened the Gender
Responsive Strategies Commission to come up with
policies and procedures that would efficiently meet the
gender- specific needs of the female population in
corrections. Official recommendations have yet to
emerge in the report."
ARGUMENTS IN OPPOSITION The California Correctional
Peace Officers Association ( CCPOA), which opposes this
bill, argues that "DJJ has proposed a reasonable plan for
addressing the current program deficiencies. To require
the transfer of female offenders out of DJJ facilities even
before an appropriate alternative has been identified seems
premature to us. We would prefer that the division's
program enhancements be given a chance to work."
CCPOA further argues that "the Administration has included
significant resources in its budget proposal to begin to
address the serious program deficiencies in DJJ operations.
In our view it is counter - productive to divert attention
away from implementation of these program enhancements to
the study required by SB 1589. We are also concerned that
the study may consider options that could be operated by
the private sector for profit - an option contrary to our
views of the appropriate role for government in the public
safety arena."
RJG:mel 5/26/06 Senate Floor Analyses
SUPPORT /OPPOSITION: SEE ABOVE
* * ** END * * **
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SB 1589 Senate Bill - Bill Analysis
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair S
2005 -2006 Regular Session B
SB 1589 (Romero)
As Introduced February 24, 2006
Hearing date: April 25, 2006
Welfare and Institutions Code
AA:mc
JUVENILE JUSTICE:
DIVISION OF JUVENILE JUSTICE
HISTORY
Source: Author
Prior Legislation: None
Support: California National Organization for Women
i
Opposition:California Correctional Peace Officers Association;
California District Attorneys Association
SHOULD THE DIVISION OF JUVENILE JUSTICE BE REQUIRED TO EXPLORE
OPTIONS REGARDING SPECIALIZED PROGRAMMING OUTSIDE OF ITS
INSTITUTIONS, AS SPECIFIED?
Page 1 of 9
SHOULD DJJ BE AUTHORIZED TO CONSIDER CERTAIN CHANGES CONCERNING ITS
COMPOSITION, AS SPECIFIED?
(More)
SB 1589 (Romero)
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SB 1589 Senate Bill - Bill Analysis
Page 2
SHOULD DJJ BE REQUIRED TO TRANSFER FEMALE WARDS OUT OF ITS
FACILITIES BY JANUARY 1 OF 2008?
PURPOSE
The purpose of this bill is to 1) require the Division of
Juvenile Justice to "explore options" for specialized
programming for high risk or high needs wards outside of DJJ, as
specified; 2) authorize DJJ to consider certain changes
pertaining to its composition, as specified; and 3) require DJJ
to transfer female wards out of its institutions by January 1,
2008.
__Current law provides that the Department of Corrections and
Rehabilitation, Division of Juvenile Justice ( "DJJ "), has
jurisdiction over all educational training and treatment
institutions now or hereafter established and maintained in the
state as correctional schools for the reception of wards of the
Juvenile court and other persons committed to the department.
(WIC 1000.)
Current law provides that DJJ "may do all lawful acts which it
deems necessary to effectuate the purposes for which such
schools are established, and to promote the well - being,
education and reformation of the inmates thereof; but the
authority shall not incur any indebtedness in excess of the
moneys appropriated or otherwise made available for the use of
such schools." (WIC 1002.)
Current law authorizes DJJ, in "order to provide counties with
alternative placement options, . . . to establish, maintain, or
facilitate the development of regional centers, which may be
available on a contract basis to counties for the placement of
wards. The regional centers, depending on the services needed,
may provide, but are not limited to, the following: mental
health programs, short -term incarceration and treatment
(More)
SB 1589 (Romero)
Page 3
services, and boot camp programs. This section shall not be
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SB 1589 Senate Bill - Bill Analysis Page 3 of 9
interpreted to prohibit counties from jointly developing
regional centers." (WIC 1000.1.)
This bill would require DJJ to "explore options to provide
specialized programming outside of division facilities for high
risk or high need offenders, if programming is available.
Specialized programs for these offenders shall take into account
commitment offenses, delinquency history, age, gender, medical
and mental health condition, risk levels, and any other
commitment criteria."
This bill_ further would authorize DJJ to "also consider changes
with respect to eligibility, age, jurisdiction, or length of
confinement in order to ensure quality programming within
division facilities."
This bill would require DJJ, "(g)iven the small number of female
offenders and their specialized needs, . . . (to) explore
options to provide programming for female offenders outside of
division facilities."
This bill would require DJJ, on or before January 1, 2008, to
"transfer all female offenders out of division facilities."
COMMENTS
1. Stated Need for This Bill
The author states in part:
The Division of Juvenile Justice currently houses
approximately 130 female wards, which is less than
5% of the total juvenile offender population in
state custody. Yet, the Ventura Youth
Correctional facility, in which the female wards
are housed, currently costs the state over
(More)
SB 1589 (Romero)
Page 4
$31,000,000. .
. . . In the recent Accountability Audit of 2005,
the Office of the Inspector General found that 30%
of classes were being cancelled due to an
unavailability of teachers. Although the OIG
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SB 1589 Senate Bill - Bill Analysis
found significant improvement from a 2002 audit
conducted when Ventura was still a co- educational
facility, the OIG also found that improvements
could be made in the provision of health, mental
health, education, and in staff training and
safety. The OIG also recommended the
implementation of better fiscal controls to
mitigate the bloated Ventura budget.
Other problems relating to the gender- specific
needs of the population also continue to
exist -such as a lack of comprehensive policies and
procedures governing the medical care of the
female wards. As part of the reorganization, the
California Department of Corrections and
Rehabilitation convened the Gender Responsive
Strategies Commission to come up with policies and
procedures that would efficiently meet the
gender- specific needs of the female population in
corrections. Official recommendations have yet to
emerge in the report.
(I)n January of 2006, the Division of
Juvenile Justice did submit an intent to solicit
interest among local providers for safe and
efficient programming for female offenders, within
state custody, but outside of state - operated
facilities. That proposal is currently in its
preliminary stages.
Also in January of 2005, as part of the Farrell
lawsuit, the Division of Juvenile Justice convened
a panel of experts to examine some of the more
(More)
SB 1589 (Romero)
Page 5
Pervasive problems in the system, including the
overexpenditure of state monies for inefficient
treatment of the female population. The panel of
experts supported the DJJ proposal to find local
providers to move girls into local facilities and
programs.
For the above stated reasons, SB 1589 would
require that the DJJ explore specialized,
efficient programming for female wards outside of
division facilities by January of 2008.
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SB 1589 Senate Bill - Bill Analysis
The DJJ currently suffers from a recidivism rate
between 70% and 90 %. . . . Studies show that the
most effective rehabilitative programs for
youthful offenders are local programs that are
close to families and conducted in familiar
environments. . . . SB 1589 will begin the
exploration into viable alternatives for more
cost - efficient and rehabilitative treatment for
youthful offenders across the state.
2. Female Wards
This bill would require DJJ to transfer all female offenders out
of its facilities by January 1, 2008. As noted by the author
there are less than 150 female wards in DJJ. Because this
population is so small, and presents programming requirements
that are unique from male wards, the idea of providing them with
residential correctional programming elsewhere is not new.
However, while this has been discussed informally for some time,
tangible steps towards implementing such a change appear to have
not yet transpired.
In their recent "Safety and Welfare Plan: Implementing Reform in
California," the Farrell experts recommended the following with
respect to girls in DJJ:
The Safety and Welfare Planning team supports
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SB 1589 (Romero)
Page 6
DJJ's proposal to solicit interest by local
providers to move girls into local facilities and
programs. The girls at Ventura use only a
fraction of the capacity of the institution,
currently occupying only five of 12 single- celled
housing units. . . .
CCPOA, which opposes this measure, argues that "DJJ has proposed
a reasonable plan for addressing the current program
deficiencies. To require the transfer of female offenders out
of DJJ facilities even before an appropriate alternative has
been identified seems premature to us. We would prefer that the
division's program enhancements be given a chance to work."
SHOULD FEMALE WARDS BE REQUIRED TO BE TRANSFERRED OUT OF DJJ BY
JANUARY 1, 2008?
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S8 1589 Senate Bill - Bill Analysis
EVEN IF PROGRAM ENHANCEMENTS FOR GIRLS IN DJJ WERE AVAILABLE,
WOULD HOUSING THESE WARDS ELSEWHERE IMPROVE THE OVERALL ABILITY
OF DJJ TO BETTER USE ITS INSTITUTIONAL RESOURCES?
IN LIGHT OF DJJ'S PENDING PLAN TO HIRE CONSULTANTS TO SOLICIT
INTEREST BY LOCAL PROVIDERS TO MOVE GIRLS FROM THE VENTURA
FACILITY TO LOCAL FACILITIES AND PROGRAMS OPERATED BY OTHERS, IS
THIS BILL NECESSARY? OR, IS A STATUTORY PROVISION NECESSARY TO
ENSURE THIS OCCURS?
3. Specialized Programming
This bill would require DJJ to "explore options" regarding
specialized programming resources outside of DJJ for high
risk /high needs offenders. For the past several years, DJJ has
been under intense scrutiny and criticism because of violence in
its institutions, ward suicides, and its wholesale failure to
provide mandated education and treatment to wards, most of whom
have significant mental health problems. The DJJ currently is
under a court - ordered consent decree to improve its conditions
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SB 1589 (Romero)
Page 7
pursuant to a class action lawsuit brought by the Prison Law
Office (Farrell v. Warner).
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SB 1589 Senate Bill - Bill Analysis
(More)
CCPOA argues that "the Administration has included significant
resources in its budget proposal to begin to address the serious
program deficiencies in DJJ operations. In our view it is
counter - productive to divert attention away from implementation
of these program enhancements to the study required by SB 1589.
We are also concerned that the study may consider options that
could be operated by the private sector for profit - an option
contrary to our views of the appropriate role for government in
the public safety arena."
In its Overview of the 2006 -2007 Budget, the Senate Committee on
Budget and Fiscal Review includes the following information
about the Governor's proposed budget:
For the juvenile population (at CDCR - DJJ),
expenditures have increased while the population
has decreased. The juvenile population has
decreased from over 10,000 in 1996 to an estimated
2,680 by the end of the budget year. In recent
years, the average cost per ward has increased
significantly. In 2000 -01 the estimated average
cost per ward was $51,000, while in the budget
year that average cost per ward is estimated to
increase to approximately $150,000. The cost per
ward will continue to increase as the population
declines and the costs of the Farrell Remedial
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SB 1589 Senate Bill - Bill Analysis
Plans roll out over the next several years.
Farrell Ward Safety Remedial Plan. The budget
proposes $5.1 million in the current year and
$47.5 million in 2006 -07 to fund the Ward Safety
and Welfare Remedial Plan submitted to the court
in November 2005. The ongoing resources
associated with implementing this plan is expected
to be $93.8 million by 2009 -10. In the budget
year, the funding will be used to target 20 living
(More)
SB 1589 (Romero)
Page 9
units, or 25 percent, of the Division of Juvenile
Justice's ward population to receive the enhanced
staffing and training to meet the requirements of
the Remedial Plan filed with the court. The
budget does not contain any proposals for broader
juvenile justice reform issues that are not a part
of the Farrell lawsuit.
Farrell Juvenile Healthcare Remedial Plan. The
budget proposes $7.5 million to implement the
Healthcare Remedial Plan submitted to the court in
September 2005. The proposal assumes a two -year
roll out for the reforms with an additional $1.5
million in 2007 -08, with ongoing costs of $9.1
million.
ARE THE ADMINISTRATION'S PROPOSALS WITH RESPECT TO DJJ
SUFFICIENT TO ADDRESS THIS ISSUES RAISED BY THIS BILL?
The author and /or Committee may wish to consider amending this
provision to provide more specificity with respect to what would
constitute "explore options" and how DJJ's investigation of
these options would be best conducted, documented and evaluated.
In addition, members may wish to consider requiring cost
analyses comparing DJJ programming to comparable programming
that may be available, or potentially subject to development,
outside of DJJ. Finally, members may wish to consider adding
timeframes and reporting requirements to this provision.
This bill also would authorize DJJ to consider certain changes
to its composition, such as eligibility, age, jurisdiction, et
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SB 1589 Senate Bill - Bill Analysis
Page 9 of 9
cetera. Nothing in current law prevents DJJ from considering
these changes now; members may wish to discuss the need for this
provision.
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'B 1589 Senate Bill - Bill Analysis
SB 1589
Page 1
Date of Hearing: June 27, 2006
Counsel: Heather Hopkins
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
SB 1589 (Romero) - As Amended: June 21, 2006
SUMMARY Requires the Division of Juvenile Justice (DJJ) to
explore options to provide specialized programming outside of
DJJ facilities for high -risk or high -need offenders and requires
DJJ to explore options regarding the placement of female wards
outside of DJJ facilities. Specifically, this bill .
1)Provides that DJJ shall explore options to provide specialized
programming outside of DJJ facilities for high -risk or
high -need offenders if programming is available. Specialized
programs for these offenders shall take into account
commitment offenses, delinquency history, age, gender, medical
and mental health condition, risk levels, and any other
commitment criteria.
2)Provides that DJJ may also consider changes with respect to
eligibility, age, jurisdiction, or length of confinement in
order to ensure quality programming within DJJ facilities.
3)Provides that given the small number of female offenders and
their specialized needs, DJJ shall explore options to provide
programming for female offenders outside of DJJ facilities.
4)Provides that in considering these options DJJ shall give
priority for the placement of female offenders to governmental
agencies, or if those options are not appropriate or available
for the placement of female offenders, DJJ shall report any
and all other alternatives to the Legislature at that time.
DJJ shall transfer all female offenders out of DJJ facilities
as expediently as possible.
5)Provides that once the female offender population has been
transferred out of DJJ facilities, the California Department
of Corrections and Rehabilitation (CDR) shall find an
alternative use for the Ventura Youth Correctional Facility.
Options shall include housing male wards of DJJ or low -level
offenders from the adult inmate population. If adult inmates
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SB 1589 Senate Bill - Bill Analysis
GR 1SR9
Page L
are housed in this facility, CDCR shall implement an honor
yard program, such as exists at the California State Prison,
Los Angeles County, in Lancaster, drawing on the policies set
forth in its honor yard operational procedures.
EXISTING LAW
1)Provides that CDCR's DJJ has jurisdiction over all educational
training and treatment institutions now or hereafter
established and maintained in California as correctional
schools for the reception of wards of the juvenile court and
other persons committed to CDCR. [Welfare and Institutions
Code (WIC) Section 1000.]
2)Provides that DJJ may do all lawful acts which it deems
necessary to effectuate the purposes for which such schools
are established, and to promote the well- being, education and
reformation of the inmates thereof; but the authority shall
not incur any indebtedness in excess of the moneys
appropriated or otherwise made available for the use of such
schools. (WIC Section 1002.)
3)Authorizes DJJ, in order to provide counties with alternative
placement options, to establish, maintain, or facilitate the
development of regional centers, which may be available on a
contract basis to counties for the placement of wards. The
regional centers, depending on the services needed, may
provide, but are not limited to, the following: mental health
programs, short -term incarceration and treatment services, and
boot camp programs. Counties may jointly develop regional
centers. (WIC Section 1000.1.)
FISCAL EFFECT Unknown
COMMENTS
_1)Author's Statement According to the author, "DJJ currently
houses approximately 130 female wards, which is less than 5%
of the total juvenile offender population in state custody.
Yet, the Ventura Youth Correctional facility, in which the
female wards are housed, currently costs the state over $31
million. The budgeted cost per female wards is among the
highest in DJJ.
"Yet, despite the enormous amount of money expended to service
SB 1589
— _ - Page 3
the female juvenile offender population, problems that are
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SB 1589 Senate Bill - Bill Analysis
endemic to other DJJ facilities also exist at the Ventura
Youth Correctional Facility. In the recent Accountability
Audit of 2005, the Office of the Inspector General (OIG) found
that 30% of classes were being cancelled due to an
unavailability of teachers. Although the OIG found
significant improvement from a 2002 audit conducted when
Ventura was still a co- educational facility, the OIG also
found that improvements could be made in the provision of
health, mental health, education, and in staff training and
safety. The OIG also recommended the implementation of better
fiscal controls to mitigate the bloated Ventura budget.
"Other problems relating to the gender- specific needs of the
Population also continue to exist, such as a lack of
comprehensive policies and procedures governing the medical
care of the female wards. As part of the reorganization, CDCR
convened the Gender Responsive Strategies Commission to come
up with policies and procedures that would efficiently meet
the gender- specific needs of the female population in
corrections. Official recommendations have yet to emerge from
the Commission.
"However, in January 2006, DJJ did submit an intent to solicit
interest among local providers for safe and efficient
programming for female offenders, within state custody, but
outside of state- operated facilities. That proposal is
currently in its preliminary stages.
"Also in January 2006, as part of the Farrell lawsuit, DJJ
convened a panel of experts to examine some of the more
pervasive problems in the system, including the
over - expenditure of state monies for inefficient treatment of
the female population. The panel of experts supported the DJJ
proposal to find local providers to move girls into local
facilities and programs.
"The DJJ currently suffers from a recidivism rate between 70%
and 90 %. Recidivism in California is not only about taxpayer
monies, it also about the public safety. Studies show that
the most effective rehabilitative programs for youthful
offenders are local programs that are close to families and
conducted in familiar environments. Given these findings, it
behooves the State to find local alternatives not only for
juvenile offenders, but for other high -risk, high -need
SB 1589
Page 4
Populations who require specialized treatment and effective
programming. This bill will begin the exploration into viable
alternatives for more cost - efficient and rehabilitative
treatment for youthful offenders across California."
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SB 1589 Senate Bill - Bill Analysis
2)Female Wards This bill would require DJJ to transfer all
female offenders out of DJJ facilities as expediently as
possible. There are currently fewer than 150 female wards in
DJJ. Because the female DJJ population is so small and
presents programming requirement that are unique from male
wards, the idea of providing them with residential
correctional programming elsewhere is not a new. However,
while this has been discussed informally for some time,
tangible steps towards implementing such a change appear to
have not yet transpired.
In their recent "Safety and Welfare Plan: Implementing Reform in
California," the Farrell experts recommended the following
with respect to girls in DJJ:
"The Safety and Welfare Planning team supports DJJ's proposal to
solicit interest by local providers to move girls into local
facilities and programs. The girls at Ventura use only a
fraction of the capacity of the institution, currently
occupying only five of 12 single- celled housing units . . . .
3)Specialized Programming This bill would require DJJ to
"explore options" regarding specialized programming resources
outside of DJJ for high- risk /high -need offenders. For the
past several years, DJJ has been under intense scrutiny and
criticism because of violence in its institutions, ward
suicides, and its wholesale failure to provide mandated
education and treatment to wards, most of whom have
significant mental health problems. The DJJ currently is
under a court - ordered consent decree to improve its conditions
pursuant to a class action lawsuit brought by the Prison Law
Office ( Farrell v. Warner ).
In its Overview of the 2006 -2007 Budget, the Senate Committee on
Budget and Fiscal Review includes the following information
about the Governor's proposed budget:
"For the juvenile population (at CDCR - DJJ), expenditures have
increased while the population has decreased. The juvenile
SB 1589
Page 5
Population has decreased from over 10,000 in 1996 to an
estimated 2,680 by the end of the budget year. In recent
years, the average cost per ward has increased significantly.
In 2000 -01, the estimated average cost per ward was $51,000,
while in the budget year that average cost per ward is
estimated to increase to approximately $150,000. The cost per
ward will continue to increase as the population declines and
the costs of the Farrell Remedial Plans roll out over the next
several years. "
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SB 1589 Senate Bill - Bill Analysis
REGISTERED SUPPORT / OPPOSITION .
Support
Books Not Bars
Youth Law Center
Opposition
California District Attorneys Association
Chief Probation Officers of California
Analysis Prepared by Heather Hopkins / PUB. S. / (916)
319 -3744
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3 1589 Senate Bill - Bill Analysis Page 1 of 3
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
1589 (Romero)
Hearing Date: 5/25/06 Amended: 5/17/06
Consultant: Nora Lynn Policy Vote: Public Safety 4 -2
BILL SUMMARY: SB 1589 requires the Department of Corrections
and Rehabilitation's (CDCR's) Division of Juvenile Justice (DJJ)
to "explore options" for specialized programming for high -risk
or high -need juvenile offenders and to consider certain changes
pertaining to its composition, including giving priority for
placement of female offenders outside division facilities; if
alternative placement is unavailable, DJJ is to report to the
Legislature with alternatives. SB 1589 further directs DJJ to
transfer all female offenders out of division facilities as
expediently as possible.
Fiscal Impact (in thousands)
Major Provisions_ 2006 -07 2007 -08 2008 -09
Programming, relocationUnknown, likely at least $6
million;General
see staff comments
STAFF COMMENTS: SUSPENSE FILE
DJJ is currently under a court - ordered consent decree to improve
its conditions pursuant to a class action lawsuit brought by the
Prison Law Office (Farrell v.Warner), and the division is
implementing a series of remedial plans to address specific
shortcomings and areas of concern raised by Farrell. The
governor's proposed 2006 -07 budget requested funding of $42.9
million and 386 positions to implement a Safety and Welfare
Remedial Plan, among whose features is the closing of "most or
all of the current DJJ facilities and replac[ing] them with
smaller facilities designed to serve specific types of youthful
offenders ?" (Senate Budget and Fiscal Committee, Subcommittee 4
agenda from April 27, 2006). This component of court - mandated
reforms is slated to be completed by the end of 2009 -10 at a
Fund
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'-3 1589 Senate Bill - Bill Analysis
total annual cost of $94 million to support 828 additional
staff.
To the extent DJJ is able to "explore options" for high -risk
wards in conjunction with budgeted work supportive of Farrell
reforms, costs for these activities are likely not significant.
If Farrell activities funding is reduced or eliminated in the
approved 2006 -07 budget or if the activities prescribed by SB
1589 are found to be inconsistent with Farrell, staff estimates
the division will need at least two positions to weigh
alternative placement programming for high -risk wards.
There are 150 female wards in DJJ facilities, and they comprise
less than five percent of the total juvenile offender population
in state custody. Female wards are housed at the Ventura Youth
Correctional Facility whose annual budget is approximately $31
million.
-- continued --
Page 2
SB 1589 (Romero)
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'-'r3 1589 Senate Bill - Bill Analysis
SB 1589's directives regarding female offenders and alternative
placement are consistent with the division's recently submitted
budget change proposal (BCP) for a female offenders program
outside DJJ. The BCP proposes hiring a consultant in female
offenders to assist in writing a request for proposal (at a cost
of $795,000) for provision of services for girls as well as six
months of contracted services for female wards outside DJJ
facilities ($4.7 million). The BCP further projects ongoing
costs at $8.6 million per year.
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