XII. JUVENILE JUSTICE
SB 93 (Ayala): VETOED: Youthful Offenders: Youth Authority.
(Amends Sections 1760.8 and 1798 of, and adds Sections 1798.1 and 1798.2 to, Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (8-0) Assembly Public Safety (5-3)
Senate Appropriations (11-0) Assembly Appropriations (12-1)
Senate Floor (37-0) Assembly Floor (74-4)
Senate Concurrence (39-0)
Existing law provides for the establishment of the State Commission on Juvenile Justice, Crime and Delinquency Prevention, and specifies its Membership, duties, and functions. Existing law also requires the Department of the Youth Authority to annually develop a population management and facilities master plan presenting projected population and strategies for treatment and housing of wards over the succeeding 5-year period, to be updated and submitted to the Legislature by January 10 of each year, as specified.
This bill revises the Commission's membership, and renames it the Commission on Juvenile Justice, Crime and Delinquency Prevention. This bill specifies the plan shall be submitted to the Joint Legislative Committee on Prison Construction and Operations, the fiscal committees of each house, and the Senate Select Committee on Prison Management, and the Commission on Juvenile Justice, Crime and Delinquency Prevention. This bill also requires the office of the Inspector General to review the Department of the Youth Authority's 1997-2002 master plan, as specified. The bill also requires the Department of the Youth Authority, in coordination with the Department of Corrections, to establish written security standards and performance measures for Youth Authority facilities, as specified. It authorizes the office of the Inspector General to conduct annual facility security audits of all Youth Authority correctional facilities and to provide a final written report to the commission and other specified agencies.
SB 238 (Haynes): Chapter 478: Juveniles: Costs of Support.
URGENCY MEASURE
(Amends Section 903 of Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (7-0) Assembly Judiciary (11-0)
Senate Floor (38-0) Assembly Floor (78-0)
Senate Concurrence (38-0)
Existing law provides the father, mother, spouse, or other person liable for the support of a minor, the estate of that person, and the estate of the minor, shall be liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to any institution or other place, as specified. Any excess paid to the county for these purposes, as specified, to be held in trust for, or paid directly to, the minor.
This bill provides the father, mother, spouse, or other person liable for the support of the minor would not be liable under these provisions if the minor's placement, detention, or commitment is based on a crime against that person. This bill took effect immediately as an urgency statute.
SB 388 (Karnette): Chapter 341: Confidentiality.
(Adds and repeals Section 828.01 of Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (6-1) Assembly Public Safety (8-0)
Senate Floor (35-0) Assembly Floor (76-1)
Existing law authorizes a law enforcement agency to release the name of, and any descriptive information about, a minor who has escaped from a secure detention facility, if a law enforcement agency finds release of the information would be necessary to assist in capturing the minor or to protect the public from substantial harm.
This bill additionally would authorize a law enforcement agency to release the name of, and any descriptive information about, a minor, fourteen years of age or older, and the offenses allegedly committed by that minor, if there is an outstanding warrant for the arrest of that minor for the commission of murder, as specified.
SB 483 (Schiff): Chapter VETOED: Department of Juvenile Justice.
(Adds Chapter 1.5 (commencing with Section 1950) to Division 2.5 of Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (7-1) Assembly Public Safety (7-1)
Senate Appropriations (12-0) Assembly Appropriations (13-7)
Senate Appropriations (11-0) Assembly Floor (61-14)
Senate Floor (32-3)
Senate Concurrence (32-6)
Existing law requires the Department of Justice to carry out specified duties, including duties relating to the controlling of crime and the administration of justice.
This bill declares the intent of the Legislature to create the Department of Juvenile Justice in state government for the purpose of coordinating juvenile justice services. The bill directs the Board of Corrections to appoint an Executive Steering Committee to make specified determinations for the purpose of development of an action plan to determine which programs should be consolidated under the Department of Juvenile Justice. The committee must report its findings, conclusions, and recommendations to the Legislature on or before June 30, 1998. The bill appropriates $75,000 from the General Fund to the Board of Corrections for the purposes of the act.
SB 526 (Hayden): Chapter 907: Youth Authority: Tattoo Removal.
(Adds Article 12 (commencing with Section 1915) to Chapter 1 of Division 2.5 of Welfare and Institutions Code.)
Legislative History:
previous votes not relevant Assembly Appropriations (13-8)
Senate Concurrence (28-2) Assembly Floor (40-36)
Assembly Floor (58-19)
Existing law provides for the detention and confinement of youthful offenders by the Department of the Youth Authority.
This bill requires the Department to purchase 2 medical laser devices to remove a tattoo from a person's skin and to place one in Los Angeles County and one within Alameda, San Francisco, San Mateo, Santa Clara, or Santa Cruz county, selected as specified. This bill appropriates $250,000 for the laser devices and a report back is due by March 1, 2000. This bill makes a number of related additions to law pertaining to the program.
SB 590 (Johnson): Chapter 125: Minors: County Juvenile Facilities.
(Adds Section 873 to Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (8-0) Assembly Public Safety (8-0)
Senate Appropriations, SR 28.8 Assembly Floor (79-0)
Senate Floor (38-0)
Existing law provides for the administration of county juvenile facilities, as specified.
This bill authorizes, upon approval of the county board of supervisors, the probation officer to establish a juvenile facility store. If such a store is established, the bill requires the probation officer or similar county official to establish a Ward Welfare Fund in the county treasury, to be funded by the sale of sundries to wards or detainees, a percentage from the sale of confined minor hobbycraft, and specified telephone refunds and rebates, and to be expended for specified purposes benefiting the wards and detainees.
SB 668 (Vasconcellos): VETOED: Juvenile Justice.
(Amends Section 202 of Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (7-0) Assembly Public Safety (8-0)
Senate Floor (32-0) Assembly Floor (77-0)
Senate Concurrence (37-0)
Existing law sets forth the purpose of juvenile court law. Among other things, existing law states that minors under the jurisdiction of the juvenile court shall receive care, treatment, and guidance, as specified.
This bill would have revised the purposes of the juvenile court law to include dispositions intended to accomplish specified public safety objectives, including community protection, the accountability of minors through the restoration of losses suffered by victims, and the competency development of minors.
SB 1050 (Alpert): Chapter 909: At-Risk Youth: Early Intervention.
(Adds Section 601.5 to Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (7-0) Assembly Public Safety (8-0)
Senate Floor (37-0) Assembly Floor (77-0)
Senate Concurrence (39-0)
Existing law authorizes the juvenile court to adjudge a person who is under eighteen years of age a ward of the court when the person is habitually disobedient or truant or when the person has violated any law defining a crime.
This bill authorizes the board of supervisors of any county to establish an At-Risk Youth Early Intervention Program designed to assess and serve families with children who have chronic behavioral problems, as specified. The bill authorizes the referral of a minor who is at least ten years of age to a Youth Referral Center, as specified, for implementation of a written service plan. The bill also specifies the jurisdiction of the juvenile court in these cases. The bill appropriates $2 million to the County of San Diego for support of an At-Risk Youth Early Intervention Program.
SB 1058 (Schiff): Chapter 130: Juvenile Offenders: Release of Names.
(Adds Section 827.6 to Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (8-0) Assembly Public Safety (8-0)
Senate Floor (39-0) Assembly Floor (79-0)
Existing law generally provides for the confidentiality of juvenile court records. Existing law authorizes a law enforcement agency to disclose the name of any minor fourteen years of age or older who is taken into custody for the commission of any of certain felonies, under certain conditions.
This bill expressly permits the presiding judge of the juvenile court to authorize a law enforcement agency, upon petition by the agency, to disclose the name and other information necessary to identify a minor who is lawfully sought for arrest as a suspect in the commission of specified felonies where disclosure is imperative for the apprehension of the minor, as specified.
SB 1095 (Lockyer): Chapter 340: At Risk Youth: School Based Prevention and Intervention.
URGENCY MEASURE
(Adds Part 26.95 (commencing with Section 47750) to Education Code.)
Legislative History:
Senate Education (11-0) Assembly Education (18-0)
Senate Appropriations (12-0) Assembly Floor (63-10)
Senate Appropriations (11-0)
Senate Floor (38-0)
Senate Concurrence (38-0)
Existing law provides for various experimental school programs, and authorizes the establishment of opportunity schools for pupils who are insubordinate or disorderly during their school attendance. Existing law authorizes community schools for pupils who are expelled, among others. Existing law requires a county board of education to provide, as specified, for juvenile court schools, and authorizes community day schools for pupils who are expelled, as specified.
This bill establishes the High-Risk Youth Education and Public Safety Program. The program will assist county offices of education and school districts to implement prevention and early intervention strategies for youth who are seriously at risk of becoming chronic, repeat offenders. The program will include a specified component for high-risk first-time offenders. This bill appropriates $350,000 to the State Department of Education in the Budget Act of 1997 for the purpose of administering the High-Risk Youth Education and Public Safety.
SB 1195 (Schiff): Chapter 910: Victim Rights.
(Amends Sections 656.2 and 707 of Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (8-0) Assembly Public Safety (6-0)
Senate Appropriations (12-0) Assembly Appropriations (21-0)
Senate Appropriations (12-0) Assembly Floor (78-0)
Senate Floor (38-0)
Senate Concurrence (39-0)
Existing law generally requires probation officers to obtain a statement from the victim or specified persons and to include it in his or her report to the juvenile court for the disposition hearing in felony cases. The probation officer is required to advise the victim or those persons as to the time and place of the disposition hearing. The victim or those persons may attend the disposition hearing and express their views. Existing law requires the probation officer to investigate and submit a report on the behavioral patterns and social history of a minor being considered for a determination of unfitness.
This bill recasts existing law to require that probation officers inform victims of the right to submit a victim impact statement and to include that statement in the officer's report for the disposition hearing and any fitness hearing. The bill expressly authorizes victims to attend fitness hearings. The bill requires the arresting agency and the district attorney to provide victims with specified information and notice regarding the victim's rights to attend certain hearings and to obtain copies of court materials, subject to limitations relating to disclosure of those materials to unauthorized persons, as specified, in cases where minors have committed an act subject to a fitness hearing. The bill makes it a misdemeanor, punishable by a fine of up to $500, to unlawfully disseminate materials provided by the court pursuant to this provision. This bill requires probation officers to include in their reports any written statement submitted by a victim, and requires the court to consider the statement to the extent relevant to the determination of fitness.
SB 1204 (Schiff): Chapter 281: Youth Mentoring.
(Adds Section 729.13 to Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (8-0) Assembly Public Safety (8-0)
Senate Appropriations, SR 28.8 Assembly Appropriations (21-0)
Senate Floor (37-0) Assembly Floor (78-0)
Existing law specifies the duties of the Department of the Youth Authority, as specified, and authorizes a pilot project with respect to youth mentoring.
This bill requires the Department of the Youth Authority to annually recognize certain exemplary participants in youth mentoring programs, as specified. This bill also requires the Department of the Youth Authority to annually recognize outstanding achievements of current and former wards of the juvenile court who were committed to state institutions or community-based programs.
SB 1221 (Schiff): VETOED: Parole/Probation Pilot Project.
(Adds and repeals Article 5.4 (commencing with Section 1788) to Chapter 1 of Division 2.5 to Welfare and Institutions Code.)
Legislative History:
Senate Public Safety (8-0) Assembly Public Safety (6-1)
Senate Appropriations (12-0) Assembly Appropriations (16-0)
Senate Floor (37-0) Assembly Floor (59-6)
Senate Concurrence (35-0)
Existing law authorizes the juvenile court to adjudge any person under eighteen years of age a ward of the juvenile court based on criminal conduct.
This bill establishes the Juvenile Parole-Probation Pilot Project in up to two counties, operative until June 30, 2001. The program requires any person adjudged a ward of the juvenile court by the court of a participating county, and committed to the Department of the Youth Authority, be transferred to the committing county upon parole. Upon transfer, jurisdiction over the ward remains with the Youthful Offender Parole Board, but the ward's parole would be supervised by the county probation department. This bill requires each participating county to establish a trust fund for the deposit of funds from the Youth Authority to the county of a transferred ward equal to the average cost of providing parole services based on the level of the individual's commitment. The bill also requires each participating county, in consultation with the office of the Legislative Analyst, to prepare an evaluation of the results of the pilot project for the Legislature on or before June 30, 2001.