Administration of Justice
Supervisor Leticia Perez Appointed to BSCC
Governor Jerry Brown has appointed Kern County Supervisor Leticia
Perez to a seat on the 13-member California Board of State and
Community Corrections (BSCC)
Supervisor Perez, of Bakersfield, has been a member of the Kern
County Board of Supervisors since 2013. She is currently on the
CSAC Board of Directors.
The BSCC is a 13-member board which oversees California’s state and local criminal justice system, as well as provides criminal justice assistance to counties. The Board includes two county sheriffs, two county probation officers, a judge, a chief of police, executives from the California Department of Corrections and Rehabilitation and experts from community and rehabilitation organizations.
Perez is part of Kern County’s Community Corrections Partnership (CCP), which is charged with handling prison realignment policy and funding in Kern County. People with a lot of very diverse points of view are part of that group, she said in the Bakersfield Californian. “What I’ve learned from the Community Corrections Partnership is that collaboration and moderation make for great public policy. People from very diverse organizations have worked in tireless partnership,” to make realignment work in Kern County, she said.
The California Board of State and Community Corrections is an independent agency that was created in 2012, to handle a host of oversight duties from setting jail standards to administering grant programs.
Supervisor Perez is the only county supervisor represented on the board. She is replacing Santa Cruz Supervisor Susan Mauriello who served on the BSCC since July 2012.
See more in the Governor’s news release here.
Recidivism Reduction Grant Changes
SB 102 (Senate Budget Committee)
As Amended August 24, 2015
Senate Bill 102 by the Senate Budget Committee makes necessary statutory and technical changes to implement the Budget Act of 2015 related to General Government. After hearing concerns from counties that the funding cap applied to both budget appropriations, the Administration and the Legislature have agreed to clarify this section in SB 102 by stating the maximum level of funding available to counties, from the Recidivism Reduction Fund, for recidivism and crime reduction efforts in each specified fiscal year. The clarification is in Section 1233.10 of the bill.
This measure is on the Assembly Third Reading and is expected to be taken up before the Legislative Session ends on September 11, 2015.
Racial and Identity Profiling Act of 2015
AB 953 (Weber) – Oppose
As Amended August 27, 2015
Assembly Bill 953 by Assembly Member Shirley Weber would enact the Racial and Identity Profiling Act of 2015. AB 953 attempts to address the racial profiling issues that are occurring throughout the country, but disregards the efforts California is making in addressing these issues. For example, the city of Richmond, California, one of the highest crime areas in the state, has enacted several reforms to lower violent crime rates and improve community relationships with local law enforcement. In 2013, Richmond had 16 murders, the lowest number in 33 years. This reduction came from leadership in Richmond implementing incentive programs for officers who succeeded in community engagement; focused on hiring quality individuals that represent the diversity of the community; partnering with community organizations; and implementing new training programs.
Counties believe that the work that is currently being done by the Board of State and Community Corrections (BSCC) within the Data and Research Standing Committee is where these efforts are currently being worked on. Any legislation would be duplicative and a waste of critical state resources.
AB 953 is on Third Reading on the Assembly Floor. The Legislature has until September 11, 2015 to take action on all measures.
Juvenile Sentencing Jurisdiction
SB 382 (Lara) – Watch
Signed by the Governor September 1, 2015
Senate Bill 382 by Senator Ricardo Lara clarifies the existing criteria used by judges when determining whether a youth should be tried in juvenile or adult court.
This bill adds discretionary, non-exclusive considerations for the court to weigh in each of the five existing fitness criteria. None of the considerations proposed by this bill appear to be inconsistent with the current criteria.
The purpose of juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the court and to preserve and strengthen family ties when possible. “Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter.” (WIC § 202(b).)
SB 382 adds the following discretionary factors within each of the existing five criteria used to determine whether a minor is a fit and proper subject to be dealt with in the juvenile court system:
- The degree of criminal sophistication exhibited by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s family and community environment and childhood trauma on the minor’s criminal sophistication;
- Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction. Provides that the juvenile court may give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature;
- The minor’s previous delinquent history. Provides the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior;
- Success of previous attempts by the juvenile court to rehabilitate the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs; and,
- The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. Specifies that the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development.
Revises the five criteria that a juvenile must demonstrate to the court when requesting a juvenile court disposition in his or her case, which was initiated in adult criminal court without a prior finding that the person was not fit for juvenile court, to add the same discretionary factors above.
http://ct3k1.capitoltrack.com/Bills/15Bills/sen/sb_0351-0400/sb_382_bill_20150901_chaptered.pdf
This bill becomes effective January 1, 2016.
Second Chance Program
AB 1056 (Atkins) – Support
As Amended August 31, 2015
Assembly Bill 1056 by Assembly Member Toni Atkins enacts the “Second Chance Program,” which requires the Board of State and Community Corrections (BSCC) to administer a competitive grant program using savings resulting from the implementation of Proposition 47, the Safe Neighborhoods and Schools Act of 2014. The August 31st amendments extend the sunset date on the Social Innovation Financing Program by two years, to January 1, 2022 and make additional changes to the Second Chance Program as follows:
The bill requires the BSCC to administer a competitive grant program that focuses on community-based solutions for reducing recidivism. The grant program, at minimum, is required to do all of the following: Restrict eligibility to proposals designed to serve people who have been arrested, charged with, or convicted of a criminal offense and have a history of mental health or substance use disorders.
AB 1056 restricts eligibility to proposals that offer mental health services, substance use disorder treatment services, misdemeanor diversion programs, or some combination thereof. In addition, requires a public agency as the lead applicant.
The measure requires the BSCC create an executive steering committee (ESC) that has expertise in homelessness and housing, behavioral health and substance abuse treatment, and effective rehabilitative treatment for adults and juveniles.
The ESC will make recommendations regarding the design, efficacy, and viability of proposals, and make recommendations on to develop guidelines for the submission of proposals.
This bill is on the Assembly Floor awaiting a concurrence vote. The Legislature has until September 11, 2015 to take action on all measures.
