HomeMy WebLinkAboutMINUTES - 05101994 - 1.19 `9
TO: BOARD OF SUPERVISORS Contra
Phil Batchelor, County Administrator ;'
FROM: Costa
County
May 9, 1994 f�'T' *•
DATE: rq coux�`
SUBJECT: LEGISLATION: AB 3560 (B. Friedman)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of AB 3560 by Assemblywoman Barbara
Friedman, which would require the State to implement as a pilot
project in three counties, the Early Intervention Juvenile Offender
Program.
BACKGROUND:
Assemblywoman Barbara Friedman has introduced AB 3560 which, as
amended April 25, 1994 , recognizes the need for early intervention
in the lives of minors and their families where there is a
likelihood that the minor will get in more trouble if not provided
some intensive support and counseling. AB 3560 also notes that*
family preservation programs are available for minors under the
supervision of County Probation Departments and that there is a
need to develop the use of effective alternative sanctions and
services to prevent delinquency and avoid recidivism. The bill
also expresses the intent of the Legislature to provide
alternatives to incarceration of juvenile offenders by utilizing a
community-based model that stresses accountability and sanctions
with services and followup, reduces and deters, further criminal
acts and fosters a crime-free lifestyle.
As a result, AB 3560 establishes within the State Department of
Social Services a demonstration program called the Early
Intervention Juvenile Offender Program. The demonstration program
would be implemented in a minimum of three counties selected from
among those who choose to apply. Applications would have to be
submitted jointly by county welfare departments and county
probation departments . The application would have had to be
CONTINUED ON ATTACHMENT: YES SIGNATURE-CSI �� � 1I t
I RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE '
APPROVE OTHER
SIGNATURE(S): &&&fe�7x
ACTION OF BOARD ON May 10, 1994- APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
--C-UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS
/O�N/THE DATE SHOWN.
ATTESTED LS"- Q I 0 - 19 �l
Contact: PHIL BATCHELO .CLERK OF THE BOARD OF
CC: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
I
n I
BY ` Z.L ��"aJ DEPUTY i
t
prepared by a local council made up of specified departments as
well as community groups and the business community. Each
application would have to outline a plan for dealing with juvenile
offenders who have not had extensive involvement with the juvenile
justice system. Each plan would have to include the following:
0 A system for determining which juveniles are eligible.
• Development of an assessment to be applied to all youth
entering the program.
• Provision for a case plan for each minor that holds the minor
accountable for his or her delinquent acts and identifies any
support services needed.
• A system of sanctions tailored to the individual minor.
• A system for providing minors and their families family
preservation services .
• A system for insuring adequate supervision of the minor.
• A system for obtaining additional services that may be needed,*
for insuring ongoing interagency and community involvement and
for an evaluation of the effectiveness of the program.
The County Probation Officer supports AB 3560, recommends that the
Board of Supervisors also support AB 3560 and would be interested
in having Contra Costa County serve as one of the demonstration
sites . This office concurs with that recommendation.
cc: County Administrator
Juvenile Court Judge Lois Haight
Gerald S. Buck, County Probation Officer
Gary T. Yancey, District Attorney
Warren E. Rupf, Sheriff-Coroner
Perfecto Villarreal, Social Services Director
Mark Finucane, Health Services Director
Lorna Bastian, Mental Health Director
Chuck Deutschman, Substance Abuse Program Administrator
George Roemer, Senior Deputy County Administrator
Sara Hoffman, Senior Deputy County Administrator
Les Spahnn, Heim, Noack & Spahnn
-2-
t
Probation DepartmentContra Gerald S. Buck
County Probation Officer
Administrative Offices Costa
50 Douglas Drive,Suite 201 County
Martinez,California 94553-8500
(510)313-4180
(510)313-4191 FAX
To: Judge Lois Haight �-' " k Date: 4/7/94
Superior Court, Dept . 10 ' Jam%
Claude Van Marter,
Asst . County Administrator .
From: Subject: AB 3560 and AB 3726
Gerald S . Buck, (B. Friedman)
Cou Probation er
Each of these two bills, if enacted, could provide access to
Federal funds in support of enriched Probation services for early
intervention and day care respectively. They are written as
demonstration projects . In discussing them with a legislative
advocate, I indicated support for the bills and the Chief
Probation Officers of California support the bills . I have noted
our need for funds to provide early intervention and expressed a
view that Contra Costa would be interested in being a
redemonstration" county.
If you concur, I would urge your support as well and a letter to
Assemblywoman Barbara Friedman would be appreciated.
I would also suggest support from the CC Board of Supervisors and
from the East Bay Public Safety Corridor Project Executive
Committee .
GSB:ds
Attachment
CC: Assemblywoman Barbara Friedman
Alan Clarke
Assemblyman Bates
Sylvia Johnson
Perfecto Villarreal
Russell Ellis
CONTRA COSTA COUNT{
RECEIVED
)P=8
OFFICE OF
AMENDED IN ASSEMBLY APRIL 25, 1994
AMENDED IN ASSEMBLY APRIL 11, 1994
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 3560
Introduced by Assembly Members Barbara Friedman ;
Arehie1=tE1sen, Lee, and Murray and Bates
(Coauthors: Assembly Members Alpert, Archie-Hudson,
Lee, and Murray)
(Coauthor: Senator Watson)
February 25, 1994
An act to add and repeal Section 16500.8 of the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 3560, as amended, B.' Friedman. Youth: juvenile
offenders.
Existing law establishes a family preservation program,
through which various services are provided to eligible
families.
This bill, until January 1, 1998, would require the State
Department of Social Services to implement the Early
Intervention Juvenile Offender Program to provide various
support services with respect to specified minors.
The bill would direct the State Department of Social
Services to allocate specified federal funding for purposes of
the pilot program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
97 80
AB 3560 — 2 —
The
- 2 —
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of
2 the following:
3 (a) California has the highest juvenile custody rate of
4 any state in the nation for county and state facilities
5 combined.
6 (b) Incarceration of first-time or unsophisticated
7 offenders impedes the acceptance of personal
8 responsibility and accountability to the community
9 because the minor is removed from the community and
10 placed in an environment with more serious, violent
11 offenders, who become the minor's role models.
12 (c) Probation and juvenile courts have limited options
13 for the treatment of first-time offenders. The majority.of
14 delinquent youth are placed back in the community with
15 limited supervision by probation departments, or they
16 are removed from the home and placed in detention
17 facilities.
18 (d) Minors accused of delinquent acts tend to be
19 similar to a dependent of the court with regard to their
20 psychological, health, and educational backgrounds and
21 family situations.
22 (e) The State of California has identified youth under
23 the supervision of county probation departments to be
24 eligible for family preservation services because they
25 experience similar problems and family crisis issues as
26 those who have become dependents of the court.
27 (f) There is a critical need to encourage and support
28 the use of effective alternative sanctions and services to
29 prevent delinquency and avoid recidivism.
30 SEC. 2. (a) It is the intent of the Legislature, in the
31 enactment of this act, to provide alternatives to
32 incarceration of juvenile offenders by utilizing a
33 community-based model that stresses accountability and
34 sanctions with services and followup, reduce and deter
35 further criminal acts and foster a crime-free lifestyle.
36 (b) It is further the intent of the Legislature that the
37 number of delinquent youth eligible to receive family
38 preservation services be increased.
97 110
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— 3 — AB 3560
1 SEC. 3. Section 16500.8 is added to the Welfare and
2 Institutions Code, to read:
3 16500.8. (a) There is hereby established within they'
4 department a demonstration program, that shall be
7 5 known as, and may be cited as, the Early Intervention
6 Juvenile Offender Program.
7 (b) The program shall meet the goals of the family
8 preservation program and serve the needs of minors who
9 are adjudged wards of the court or who are likely to be
10 adjudged wards of the court pursuant to Sections 601 and
11 602, including children who come within the provisions
12 of Section 654.
13 (c) The goal of the program shall be to expand the
14 options available to the juvenile courts and probation
15 functions that emphasize prevention and deterrence
16 from further illegal acts committed by the juveniles who
17 have or who are likely to become adjudicated wards of
18 the court pursuant to Sections 601 and 602, including
i 19 children who come within the provisions of Section 654.
20 (d) The program shall serve the dual function of
21 sanctioning and deterring illegal acts as well as providing
22 rehabilitation and treatment services for youth who are
23 at risk of out-of-home placement.
24 (e) (1) The State Department of Social Services, in
25 consultation with an appointed state juvenile justice
26 advisory committee, shall establish a joint county
27 probation and county welfare department demonstration
28 project in a minimum of three counties that submit
29 applications to participate in the program.
30 (2) The State Department of Social Services shall
31 accept applications that have been jointly submitted by
32 county welfare.departments and probation departments,
33 which has been prepared by a local council. The council
34 shall consist of representatives of the juvenile court,
35 probation offices, law enforcement, county welfare
36 departments, education, health and mental health, public
37 defenders, district attorneys, victims groups, nonprofit
38 agencies that serve at-risk youth, and the business
39 community. Counties may convene the council
1 40 periodically for the purposes of preparing the application
97 120
AB 3560 — 4 -
1
4 -1 and as needed thereafter.
2 (3) Each application submitted to participate in the
3 pilot project shall outline a plan for dealing with juvenile
4 offenders who have not had extensive involvement with
5 the juvenile justice system.
6 (f) Each plan required by this section shall include all
7 of the following: ,
8 (1) A system for determining which youths are
9 eligible to participate and the process for referring those
10 youths to the program.
11 (2) Development or designation of an assessment to
12 be applied to all youth entering the program. The
13 assessment shall include, but need not be limited to, an
14 analysis of relevant family background, delinquent
15 history, mental health, health and educational needs, a
16 referral for a special education evaluation, where
17 appropriate, and a health screen as mandated by the
18 federal Early -and Periodic Screening Diagnosis and
19 Treatment Program, if the minor is eligible therefor.
20 (g) Each plan shall include a case plan for each minor
21 referred to the program that does both of the following:
22 (1) Holds the minor accountable for his or her
23 delinquent acts.
24 (2) Identifies any support services needed.
25 (h) Each plan shall include a system of sanctions and
26 services that are tailored to the circumstances of the
t ?�Sss ;k+3}eet .tY7 27 individual minor that may include, but need not be
28 limited to, all of the following:
29 (1) .Community service requirements.
30 (2) Restitution.
31 (3) Intensive supervision.
32 (4) Day treatment programs.
33 (5) Work or educational requirements.
34 (i) Each plan shall include a system for providing
35 minors and their families involved in the program with
36 family preservation services as defined in Section 16500.5,
37 including educational, vocational, or counseling services.
38 0) Each plan shall include a system for ensuring that
39 the responsible agency provides adequate supervision to
40 implement each minor's case plan.
- 5 — AB 3560
1 (k) Each plan shall include a system for obtaining
2 necessary services that cannot be provided by the county
3 welfare department or probation department through
4 agreements with other public or private agencies,
5 including the business community.
6 (l ) Each plan shall include a system for ensuring
7 ongoing interagency and community involvement.
8 (m) Each plan shall include a system for determining
9 the effectiveness of the demonstration program in
10 reducing recidivism, reducing the use of secure
11 incarceration, providing necessary family preservation
12 services, including education and vocational services, and
13 increasing the collaboration among county welfare
14 departments, probation departments, and other public
15 agencies and community-based participants.
16 (n) The department shall submit a report to the
17 appropriate committees of the Legislature that includes
18 data from each participating county demonstrating to
19 what extent each has met the criteria specified in this
20 section. The department shall recommend whether the
21 Early Intervention Juvenile Offender Program should
22 continue and be expanded to cover other counties.
23 (o) (1) The department shall convene a juvenile
24 justice advisory committee that shall be comprised of
25 representatives of the juvenile court, county welfare
26 departments, probation departments, law enforcement,
27 district attorneys, public defenders, advocates for
�St 3�.;tt.•.s aaez@ e 28 children and youth, health departments, mental health
29 departments, education groups, and victims groups.
30 (2) The committee convened pursuant to this
31 subdivision shall develop criteria for awarding contracts
32 and review submitted applications.to participate in the
33 pilot program. The committee shall recommend to the
34 department a minimum of three counties for
35 participation in the pilot program.
36 (3) The committee shall reconvene as necessary to
37 review data provided to the department by the counties
38 relating to the effectiveness of the pilot program, and
39 shall participate with the department in preparing the
40 report to the Legislature.
97 160
AB 3560 — 6 -
1
6 --
1 (p) This section- shall remain in effect only until
2 January 1, 1998, and as of that date is repealed, unless a
3 later enacted statute, which is enacted before January 1,
4 1998, deletes or extends that date.
5 SEC. 4. From funds appropriated therefor, the State f
6 Department of Social Services shall allocate, out of the
7 share reserved for family preservation services, federal
8 funding received under Part B (commencing with
9 Section 620) of Subchapter 4 of Chapter 7 of Title 42 of
10 the United States Code, for the purposes of the pilot ,
11 program required by this act.
12 SEC. 5. The State Department of Social Services shall
13 seek additional federal funding for the implementation of
14 this act under Part A (commencing with Section 601) and
15 Part E (commencing with Section. 670) of Subchapter 4
16 of Chapter 7 of Title 42 of the United States Code.
O