CALIFORNIA STATUTE AB 3121 IMPACT EVALUATION - FINAL REPORT

• NCJ Number: 69485
• Author(s): D JOHNS; J BOTTCHER
• Date Published: 1980
• Length: 207 pages
• Sponsoring Agency: US Dept of Justice; California Office of Criminal Justice Planning
• Corporate Author: California Dept of the Youth Authority
• Sale Source: National Institute of Justice/
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America

Annotation

RESULTS ARE REPORTED FROM AN EVALUATION OF THE IMPACT OF A CALIFORNIA LAW DESIGNED TO ENCOURAGE ALTERNATIVE APPROACHES FOR DEALING WITH STATUS OFFENDERS AND THE JUVENILE COURT'S HANDLING OF CRIMINAL OFFENDERS.

Abstract

CHAPTER 1071, STATUTES OF 1976 (AB 3121) WAS IMPLEMENTED ON JANUARY 1, 1977. THIS CHANGE IN THE LAW WAS DESIGNED TO ENCOURAGE ALTERNATIVE APPROACHES FOR DEALING WITH STATUS OFFENDERS (601'S) BY MANDATING THE DEINSTITUTIONALIZATION OF 601'S AND ALLOWING FOR MORE PROBATION AND COMMUNITY SERVICES. THE LAW ALSO CHANGED THE JUVENILE COURT'S HANDLING OF CRIMINAL OFFENDERS BY INTRODUCING A PROSECUTING ATTORNEY TO FILE ALL 602 PETITIONS AND ATTEND ALL HEARINGS, REQUIRING RULES OF EVIDENCE IN JUVENILE PROCEEDINGS, AND REVISING HEARING PRESUMPTION REGARDING FITNESS TO EASE THE MOVEMENT OF 16- AND 17-YEAR-OLD VIOLENT OFFENDERS TO ADULT COURT. IN THE 3 YEARS SINCE IMPLEMENTATION OF THE LAW, MOST PROVISIONS HAVE BEEN PUT INTO OPERATION BY THE JUVENILE JUSTICE SYSTEM. DATA FOR THE IMPACT EVALUATION WERE COLLECTED FROM FOUR PRINCIPAL SOURCES: A RECORD SEARCH OF COHORTS OF YOUTH PRIOR TO AND SUBSEQUENT TO THE START OF AB 3121, A SUBSTUDY RECORDS SEARCH OF COHORTS OF 601 YOUTH FROM TWO STUDY COUNTIES PRIOR TO AND AFTER THE START OF AB 3121, INTERVIEWS WITH SELECTED COUNTY PERSONNEL, AND AGGREGATE DATA FROM INFORMATION SYSTEMS OF STATE AND LOCAL AGENCIES. IN GENERAL, THE IMPACT OF THE BILL WAS IN THE EXPECTED DIRECTION: ARRESTS OF 601'S HAVE DECREASED; 601'S WERE NOT HOUSED IN SECURE FACILITIES; 602 DISPOSITIONS BECAME MORE SEVERE FOR THE MORE SERIOUS OFFENSES; AND THE DISTRICT ATTORNEY'S INVOLVEMENT IN THE FILING OF 602 PETITIONS RESULTED IN A COURT SETTING SIMILAR TO AN ADULT COURT. ISSUES REMAINING TO BE RESOLVED ARE OCCASIONAL INSUFFICIENT ALTERNATIVE 601 PROGRAMMING AND FUNDING; SECURE VERSUS NONSECURE DETENTION OF 601'S WHO RESIST FAMILY COUNSELING OR FOSTER CARE; AND THE REMAND PROCESS, WHICH DOES NOT NECESSARILY FACILITATE THE MOVEMENT OF VIOLENT OFFENDERS TO ADULT COURT IN THE MANNER EXPECTED. TABULAR AND GRAPHIC DATA AND FORMS USED UNDER THE NEW LAW ARE APPENDED. REFERENCES ARE PROVIDED.