Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.

Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.

This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the Board of Juvenile Hearings to discharge specified wards. The bill would authorize the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward upon discharge from commitment to the custody of the division. The bill would require the juvenile court to set a maximum term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation.

Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.

Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.

This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the Board of Juvenile Hearings to discharge specified wards. The bill would authorize the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward upon discharge from commitment to the custody of the division. The bill would require the juvenile court to set a maximum term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation.

Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.

Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.

This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the Board of Juvenile Hearings to discharge specified wards. The bill would authorize the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward upon discharge from commitment to the custody of the division. The bill would authorize require the juvenile court to set a maximum term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court necessary and as deemed appropriate to achieve rehabilitation.

Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.

Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.

This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the the power of the Board of Juvenile Hearings to discharge specified wards. The bill would authorize the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward who is eligible for upon discharge from commitment to the custody of the division. The bill would authorize the juvenile court to set a term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court necessary to achieve rehabilitation.

Existing law prohibits a ward committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities from being held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense that brought or continued the minor under the jurisdiction of the juvenile court, or in excess of the maximum term of physical confinement set by the court, as specified. Existing law states that those provisions do not limit the power of the Board of Juvenile Hearings to retain the ward on parole status for the period permitted by specified provisions governing discharge of the person from the division.

Under existing law, the department has no further jurisdiction over a ward who is discharged by the board, except as specified. Existing law requires the committing court to establish the conditions of the wards supervision and requires the county of commitment to supervise the reentry of the ward.

This bill would instead state that those limitations on the length of the physical confinement of a ward do not limit the power of the committing juvenile court to retain jurisdiction and to establish the conditions of supervision of a ward who is eligible for discharge from commitment to the custody of the division.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2595

Author:(Obernolte)

As Amended Ver:June 19, 2018

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Clarifies that the limitations on the length of the physical confinement of a ward committed to the Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ), do not limit the powers of the Board of Juvenile Hearings (BJH) and the committing juvenile court to, set a maximum base term, retain jurisdiction of the ward, discharge a ward, and establish conditions of supervision.

The Senate amendments require the juvenile court to set a maximum term based upon the facts and circumstances of the matters that brought or continued the ward under the jurisdiction of the juvenile court and as deemed appropriate to achieve rehabilitation.

EXISTING LAW:

1. States that any person under age 18, who violates any law other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and the juvenile court may adjudge such a person to be a ward of the court.
2. States that if the court has found that a minor has violated any law other than an ordinance establishing a curfew based solely on age, it may order and adjudge the minor to be a ward of the court.
3. States that a court may, without adjudging the minor a ward of the court, place a minor on supervised probation for six months, and if the minor fails to comply with the conditions of probation, the court may order and adjudge the minor a ward of the court.
4. States that an order adjudging a minor a ward of the court is not a criminal conviction.
5. Requires the court to consider the relevant and material evidence, the age of the minor, the circumstances and gravity of the offense committed by the minor, and the minor's previous delinquent history prior to ordering and adjudging the minor a ward of the court.
6. States that 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, including but not limited to commitment of the minor to DJJ.
7. States that the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support, including medical treatment, of a minor or nonminor adjudged a ward of the court.
8. Requires the court to order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer and in the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer, as specified.
9. States that it is the responsibility of the probation agency to determine the appropriate placement for the ward once the court issues a placement order.
10. States that every minor adjudged a ward of the juvenile court is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.
11. States that the court has no authority to order services unless it has been determined through the administrative process of an agency, that the minor, nonminor, or nonminor dependent is eligible for those services.
12. States that the court shall not discharge any person from its jurisdiction who has been committed to DJJ so long as the person remains under the jurisdiction of DJJ.
13. Allows the court to retain jurisdiction over any person while that person is the subject of a warrant for arrest.
14. State that if a minor is a ward of the court, the court may order treatment, order the ward to make restitution, commit the ward to a sheltered-care facility, order the ward and the ward's family to participate in counseling, and commit the ward to DJJ.
15. Prohibits a ward of juvenile court to be committed to DJJ if the ward is under 11 years old, suffering from a contagious disease, or has not committed a specified violent or sex offense.
16. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement set by the court, based on the facts and circumstances that brought the ward under the court's jurisdiction.
17. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement that could be imposed on an adult convicted of the offense that brought the minor under the jurisdiction of the court.
18. States that the provisions limiting the period of time a ward may be held in physical custody of DJJ do not limit the power of the Board of Parole Hearings to retain the ward on parole status.
19. States that every person committed by the juvenile court to DJJ, shall be discharged upon the expiration of a two-year period, or when the person attains 21 years of age, whichever occurs later, unless an order for further detention has been made by the committing court.
20. States that every person committed by the juvenile court to DJJ prior to July 1, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court.
21. States that every person committed by the juvenile court to DJJ after July 2, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court.
22. Authorizes the BJH to set a date on which a ward shall be discharged from DJJ and supervised under probation and subject to the jurisdiction of the committing court.
23. Authorizes the BJH to deny discharge of a person committed to DJJ, subject to the limitations of the maximum length of confinement, as specified.
24. States that the court may retain jurisdiction over any ward who commits a specified violent or sex offence until that person attains 25 years of age, if the person was committed to DJJ.
25. States that the court may retain jurisdiction over any person who commits a specified violent or sex offence, and has been confined in a state hospital or other appropriate public or private mental health facility, until that person attains 25 years of age.
26. States that the court shall retain jurisdiction over any person who has been discharged from the physical custody of DJJ, until the person attains the age of 25 years.
27. States that the county of commitment shall supervise the reentry of a ward stull subject to the court's jurisdiction and discharged from DJJ.
28. States that a ward discharged from DJJ to the jurisdiction of the committing court may be detained by probation if there is probable cause to believe that the ward violated any of the court-ordered conditions of supervision, for the purpose of initiating proceedings to modify the conditions of supervision.
29. Provides that modifications may include an order of confinement of a ward in a juvenile facility, consistent with the limitations on the total length of confinement as specified and that confinement of a ward older than 18 years old in a local adult facility not to exceed a total of 90 days, and confinement of the ward in DJJ for a specified of time no shorter than 90 days and no longer than one year.
30. Confers specified powers and duties to the BJH, including: discharge juveniles committed to DJJ to the jurisdiction of the juvenile court, honorable discharge determinations, initial case reviews, and annual reviews.

AS PASSED BY THE ASSEMBLY, this bill:

1. Stated that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the powers of the BJH to order an eligible ward's discharge from commitment.
2. Stated that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the powers of the committing juvenile court to retain jurisdiction of the ward and establish the conditions of supervision of a ward eligible for discharge from DJJ.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "AB 2595 clarifies the language in Welfare and Institutions Code Section 731(c), that a juvenile court has authority to retain jurisdiction and establish conditions for the ward's supervision disposition after a youth's commitment to a term in the Division of Juvenile Justice (DJJ)), as spelled out in Welfare and Institutions Code Section 1766, subdivision (b)(1) and (6). This reaffirmation is in keeping with Public Safety budget trailer bill AB 1628 (2010)[(Committee on Budget), Chapter 579], which realigned juvenile parole from the State's DJJ to the counties' probation departments and realigned state funds to local probation departments to provide evidence-based rehabilitative services. It will encourage more courts to utilize their discretion in limiting to limit the time youth spend on their initial commitment to DJJ without limiting the court's jurisdiction to retain the youth on probation supervision and update language regarding to Board of Parole Hearings; the correct agency is the Board of Juvenile Hearings."

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0003557

 THIRD READING  

Bill No: AB 2595

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/12/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

ASSEMBLY FLOOR: 73-0, 4/19/18 - See last page for vote

SUBJECT:

SOURCE: Conference of California Bar Associations

DIGEST:

This bill clarifies the limitations on the length of the physical confinement of a ward committed to the Division of Juvenile Justice (DJJ), and clarifies that the juvenile court retains jurisdiction over a ward who is discharged from DJJ.

ANALYSIS:

Existing law:

1. Provides any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court, except as provided in Welfare and Institutions Code Section 707. (Welf. & Inst. Code, § 602.)
2. Provides that if the court has found that the minor is a person described by Welfare and Institutions Code Section 601 or 602, a court may, without adjudging the minor a ward of the court, place a minor on supervised probation for six months, and if the minor fails to comply with the conditions of probation, the court may order and adjudge the minor a ward of the court. (Welf. & Inst. Code, § 725, subd. (a).)
3. Provides if the court has found that the minor is a person described by Welfare and Institutions Code Section 601 or 602, it may order and adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 725, subd. (b).)
4. Requires the court, in determining the judgment and order to be made, to consider the age of the minor, the circumstances and gravity of the offense committed by the minor, and the minor’s previous delinquent history in addition to other relevant and material evidence. (Welf. & Inst. Code, § 725.5.)
5. Provides that the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support, including medical treatment, of a minor or nonminor adjudged a ward of the court. (Welf. & Inst. Code, § 727, subd. (a)(1).)
6. Provides that a ward may be ordered to be on probation without supervision of the probation officer, as specified. (Welf. & Inst. Code, § 727, subd. (a)(2).)
7. Provides that in all other cases, the court is required to order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer. (Welf. & Inst. Code, § 727, subd. (a)(3).)
8. Provides that it is the responsibility of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. (Welf. & Inst. Code, § 727, subd. (a)(4).)
9. Provides that every minor adjudged a ward of the juvenile court is entitled to participate in age-appropriate extracurricular, enrichment, and social activities. (Welf. & Inst. Code, § 727, subd. (a)(4)(F).)
10. Provides that the court has no authority to order services unless it has been determined through the administrative process of an agency, that the minor, nonminor, or nonminor dependent is eligible for those services. (Welf. & Inst. Code, § 727, subd. (b)(2).)
11. Provides that the court may retain jurisdiction over any person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided. (Welf. & Inst. Code, § 607, subd. (a).)
12. Provides that the court shall not discharge any person from its jurisdiction who has been committed to DJJ so long as the person remains under the jurisdiction of DJJ, including periods of extended control ordered pursuant to Welfare and Institutions Code Section 1800. (Welf. & Inst. Code, § 607, subd. (c).)
13. Provides that the court may retain jurisdiction over any ward who commits a specified serious offenses until that person attains 25 years of age, if the person was committed to DJJ. (Welf. & Inst. Code, § 607 subd. (b).)
14. Provides that the court may retain jurisdiction over any person who commits a specified serious offenses, and has been confined in a state hospital or other appropriate public or private mental health facility, until that person attains 25 years of age. (Welf. & Inst. Code, § 607, subd. (d).)
15. Provides that every person committed by the juvenile court to DJJ on and after July 1, 2012, for the commission of specified serious offenses shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court, as specified. (Welf. & Inst. Code, § 607, subd. (f).)
16. Provides that if a minor is a ward of the court, the court may order treatment, order the ward to make restitution, commit the ward to a sheltered-care facility, order the ward and the ward’s family to participate in counseling, and commit the ward to DJJ. (Welf. & Inst. Code, § 731.)
17. Prohibits a ward of the juvenile court who meets any condition described below from being committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities:
    1. The ward is under 11 years of age.
    2. The ward is suffering from any contagious, infectious, or other disease that would probably endanger the lives or health of the other inmates of any facility.
    3. The ward has been or is adjudged a ward of the court, and the most recent offense alleged in any petition and admitted or found to be true by the court is not a serious or violent offense as described in Section 707 subdivision (b) or a specified sex offense. (Welf. & Inst. Code, § 733.)
18. Provides that a ward committed to DJJ may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. (Welf. & Inst. Code, § 731, subd. (c).)
19. Provides that a ward committed to DJJ may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. (Welf. & Inst. Code, § 731, subd. (c).)
20. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement that could be imposed on an adult convicted of the offense that brought the minor under the jurisdiction of the court. (Welf. & Inst. Code, § 731, subd. (c).)
21. Provides that every person committed to DJJ by a juvenile court shall be discharged upon the expiration of a two-year period of control or when he or she attains 21 years of age, whichever occurs later, except as provided. (Welf. & Inst. Code, § 1769, subd. (a).)
22. Provides that every person committed to DJJ by a juvenile court who has been found to have committed specified serious offenses shall be discharged upon the expiration of a two-year period of control or when he or she attains 25 years of age, whichever occurs later, except as provided. (Welf. & Inst. Code, § 1769, subd. (b).)
23. Provides that every person committed by the juvenile court to DJJ after July 1, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court. (Welf. & Inst. Code, § 1769, subd. (c).)
24. Authorizes the Board of Juvenile Hearings (BJH) to set a date on which a ward shall be discharged from DJJ and placed under the supervision of probation and subject to the jurisdiction of the committing court. (Welf. & Inst. Code, § 1766, subd. (a)(1).)
25. Authorizes the BJH to deny discharge of a person committed to DJJ, subject to the limitations of the maximum length of confinement, as specified. (Welf. & Inst. Code, § 1766, subd. (a)(2).)
26. Provides that the county of commitment shall supervise the reentry of a ward still subject to the court’s jurisdiction and discharged from DJJ. (Welf. & Inst. Code, § 1766, subd. (b)(1).)
27. Provides that the court shall retain jurisdiction over any person who has been discharged from the physical custody of DJJ, until the person attains the age of 25 years unless the court terminates jurisdiction as otherwise specified or if jurisdiction is terminated by operation of any other applicable law. (Welf. & Inst. Code, § 607.1.)

This bill:

1. Prohibits a ward committed to DJJ to be confined in excess of the term of confinement set by the committing court.
2. Requires the court to set a maximum term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation.
3. Prohibits the court from committing a ward to DJJ for a period that exceeds the maximum term of imprisonment that could be imposed upon an adult convicted of the same offense.
4. Provides that the power of BJH to discharge a ward committed to DJJ pursuant to Sections 1719 and 1769 is not limited.
5. Provides that upon a ward’s discharge from DJJ, the committing court may retain jurisdiction of the ward pursuant to Section 607.1 and establish the conditions of supervision pursuant to subdivision (b) of Section 1766.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/18/18)

Conference of California Bar Associations (source)

Juvenile Court Judges of California

OPPOSITION: (Verified 6/18/18)

None received

ASSEMBLY FLOOR: 73-0, 4/19/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Calderon, Cristina Garcia, Melendez, Mullin, Quirk

Prepared by:

6/20/18 15:06:07

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2595 Hearing Date: June 12, 2018

Subject: Wards: Confinement

HISTORY

Source: Conference of California Bar Associations

Prior Legislation: AB 1628 (Committee on Budget), Ch. 729, Stats. of 2010

SB 81 (Budget and Fiscal Review Committee), Ch. 175, Stats. of 2007

Support: Unknown

Opposition: None known

Assembly Floor Vote: 73 - 0

PURPOSE

The purpose of this bill is to clarify that the limitations on the length of the physical confinement of a ward committed to the Division of Juvenile Justice (DJJ), do not limit the powers of the Board of Juvenile Hearings (BJH) and the committing juvenile court.

Existing law provides any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court, except as provided in Welfare and Institutions Code section 707. (Welf. & Inst. Code, § 602.)

Existing law provides that if the court has found that the minor is a person described by Welfare and Institutions Code section 601 or 602, a court may, without adjudging the minor a ward of the court, place a minor on supervised probation for six months, and if the minor fails to comply with the conditions of probation, the court may order and adjudge the minor a ward of the court. (Welf. & Inst. Code, § 725, subd. (a).)

Existing law provides if the court has found that the minor is a person described by Welfare and Institutions Code section 601 or 602, it may order and adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 725, subd. (b).)

Existing law requires the court, in determining the judgment and order to be made, to consider the age of the minor, the circumstances and gravity of the offense committed by the minor, and the minor’s previous delinquent history in addition to other relevant and material evidence. (Welf. & Inst. Code, § 725.5.)

Existing law provides that the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support, including medical treatment, of a minor or nonminor adjudged a ward of the court. (Welf. & Inst. Code, § 727, subd. (a)(1).)

Existing law provides that a ward may be ordered to be on probation without supervision of the probation officer, as specified. (Welf. & Inst. Code, § 727, subd. (a)(2).)

Existing law provides that in all other cases, the court is required to order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer. (Welf. & Inst. Code, § 727, subd. (a)(3).)

Existing law provides that it is the responsibility of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. (Welf. & Inst. Code, § 727, subd. (a)(4).)

Existing law provides that every minor adjudged a ward of the juvenile court is entitled to participate in age-appropriate extracurricular, enrichment, and social activities. (Welf. & Inst. Code, § 727, subd. (a)(4)(F).)

Existing law provides that the court has no authority to order services unless it has been determined through the administrative process of an agency, that the minor, nonminor, or nonminor dependent is eligible for those services. (Welf. & Inst. Code, § 727, subd. (b)(2).)

Existing law provides that the court may retain jurisdiction over any person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided. (Welf. & Inst. Code, § 607, subd. (a).)

Existing law provides that the court shall not discharge any person from its jurisdiction who has been committed to DJJ so long as the person remains under the jurisdiction of DJJ, including periods of extended control ordered pursuant to Welfare and Institutions Code section 1800. (Welf. & Inst. Code, § 607, subd. (c).)

Existing law provides that the court may retain jurisdiction over any ward who commits a specified serious offenses until that person attains 25 years of age, if the person was committed to DJJ. (Welf. & Inst. Code, § 607 subd. (b).)

Existing law provides that the court may retain jurisdiction over any person who commits a specified serious offenses, and has been confined in a state hospital or other appropriate public or private mental health facility, until that person attains 25 years of age. (Welf. & Inst. Code, § 607, subd. (d).)

Existing law provides that every person committed by the juvenile court to DJJ on and after July 1, 2012, for the commission of specified serious offenses shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court, as specified. (Welf. & Inst. Code, § 607, subd. (f).)

Existing law provides that if a minor is a ward of the court, the court may order treatment, order the ward to make restitution, commit the ward to a sheltered-care facility, order the ward and the ward’s family to participate in counseling, and commit the ward to DJJ. (Welf. & Inst. Code, § 731.)

Existing law prohibits a ward of the juvenile court who meets any condition described below from being committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities:

1. The ward is under 11 years of age.
2. The ward is suffering from any contagious, infectious, or other disease that would probably endanger the lives or health of the other inmates of any facility.

c)  The ward has been or is adjudged a ward of the court, and the most recent offense alleged in any petition and admitted or found to be true by the court is not a serious or violent offense as described in Section 707 subdivision (b) or a specified sex offense. (Welf. & Inst. Code, § 733.)

Existing law provides that a ward committed to DJJ may not be held in physical confinement for a period of time in excess of the maximum period of imprisonment that could be imposed upon an adult convicted of the offense or offenses that brought or continued the minor under the jurisdiction of the juvenile court. (Welf. & Inst. Code, § 731, subd. (c).)

Existing law provides that a ward committed to DJJ may not be held in physical confinement for a period of time in excess of the maximum term of physical confinement set by the court based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the juvenile court, which may not exceed the maximum period of adult confinement as determined pursuant to this section. (Welf. & Inst. Code, § 731, subd. (c).)

Existing law specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement that could be imposed on an adult convicted of the offense that brought the minor under the jurisdiction of the court. (Welf. & Inst. Code, § 731, subd. (c).)

Existing law provides that every person committed to DJJ by a juvenile court shall be discharged upon the expiration of a two-year period of control or when he or she attains 21 years of age, whichever occurs later, except as provided. (Welf. & Inst. Code, § 1769, subd. (a).)

Existing law provides that every person committed to DJJ by a juvenile court who has been found to have committed specified serious offenses shall be discharged upon the expiration of a two-year period of control or when he or she attains 25 years of age, whichever occurs later, except as provided. (Welf. & Inst. Code, § 1769, subd. (b).)

Existing law provides that every person committed by the juvenile court to DJJ after July 1, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court. (Welf. & Inst. Code, § 1769, subd. (c).)

Existing law authorizes the BJH to set a date on which a ward shall be discharged from DJJ and placed under the supervision of probation and subject to the jurisdiction of the committing court. (Welf. & Inst. Code, § 1766, subd. (a)(1).)

Existing law authorizes the BJH to deny discharge of a person committed to DJJ, subject to the limitations of the maximum length of confinement, as specified. (Welf. & Inst. Code, § 1766, subd. (a)(2).)

Existing law provides that the county of commitment shall supervise the reentry of a ward still subject to the court’s jurisdiction and discharged from DJJ. (Welf. & Inst. Code, § 1766, subd. (b)(1).)

Existing law provides that the court shall retain jurisdiction over any person who has been discharged from the physical custody of DJJ, until the person attains the age of 25 years unless the court terminates jurisdiction as otherwise specified or if jurisdiction is terminated by operation of any other applicable law. (Welf. & Inst. Code, § 607.1.)

This bill prohibits the confinement of a ward in DJJ in excess of the term of confinement set by the committing court.

This bill authorizes a court to set a term that is necessary to rehabilitate the ward and that is based upon the facts and circumstances of the matter that brought the ward under the jurisdiction of the court.

This bill provides that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the power of the BJH to discharge a ward.

This bill provides that the committing court may retain jurisdiction of the ward upon the ward’s discharge from DJJ and may establish the conditions of supervision of a ward eligible for discharge from DJJ.

COMMENTS

1. Need for This Bill

According to the author:

W&I Code §731(c) specifies generally that a juvenile committed to DJJ cannot be held in physical confinement any longer than an adult could be sentenced for the same offense and provides specified that the subdivision does not limit the Board of Parole Hearings to retain the youth on parole status for the period permitted by W&I Code §1769 (either two years or until the offender reaches the age of 21 or 23, depending on the offense). In addition to the fact that the code section references the wrong agency (it’s now the Board of Juvenile Hearings), its language has been interpreted by some courts as restricting their ability to retain jurisdiction over the youth, limit the term of commitment, and particularly to craft terms of probation supervision that will benefit the individual youth.

AB 2595 seeks to correct this misinterpretation by making clear in statute that the committing court retains jurisdiction, in most cases, until the age of 25 (W&I Code §607.1) and has the ability to establish post-release terms and conditions of probation supervision (W&I Code §1766(b)). This clarification is consistent with the objectives of realigning the juvenile justice system, from state to local control, endorsed by the voters of California, to provide locally accountable and relevant dispositions to DJJ and local supervision, detention and rehabilitative services upon release. With less than 700 youth confined at DJJ, in a state with a population close to 40 million, the average juvenile court bench officer, district attorney and defense attorney will handle very few DJJ dispositions over the course of their juvenile careers, so it is critical that this code section, which governs the confinement period at DJJ, needs to clearly state the law and reference the code sections governing DJJ commitments.

1. Background

In the past several years, California’s juvenile justice system has undergone a significant transformation. In 2007, SB 81 changed the eligibility criteria from youth who could be committed to DJJ. In doing so, only youths found to have committed serious or violent offenses could be committed to DJJ; all other youths were to be supervised locally or held in county facilities. In 2010, AB 1628 realigned supervision of juveniles released from DJJ from the state to the counties. Over the years, several juvenile justice-related bills have amended various sections of the relevant codes but have left in place outdated language. One example is the subject of this bill, Welfare and Institutions Code Section 731 subdivision (c).

Section 731 subdivision (c) limits the amount of time a juvenile may be held in physical custody at DJJ. Under this subdivision, the committing court may only commit a juvenile for a time period based on the facts and circumstances that brought the juvenile under the jurisdiction of the court. Additionally, a juvenile may only be confined in DJJ for a period not exceeding the maximum time that an adult convicted of the same offense could receive. Other sections of the code specify that, notwithstanding the statutory maximums in Section 731 subdivision (c), the BJH has the authority to discharge an eligible ward from custody of DJJ, and upon discharge, the ward is to remain under the jurisdiction of the committing court, and will be supervised locally by probation.

The proponents of this bill argue that Section 731 subdivision (c) reflects an outdated version of the law as it existed prior to juvenile realignment. Specifically, subdivision (c) provides that the limitations on the amount of time a juvenile can be confined in DJJ do not limit the power of the Board of Parole Hearings to retain the ward on parole status for the period permitted. This language reflects the wrong agency, and individuals who are discharged from DJJ are no longer supervised on parole.

This bill would update subdivision (c) to reflect current law. Specifically, this bill deletes the outdated reference to the Board of Parole Hearings. This bill also clarifies that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the power of the BJH to discharge a ward and that the juvenile court may retain jurisdiction of a ward discharged from DJJ as well as establish the conditions of supervision of a ward eligible for discharge from DJJ.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2595

Author:()

As Amended Ver:April 9, 2018

Majority vote

SUMMARY: Clarifies that the limitations on the length of the physical confinement of a ward committed to the Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ), do not limit the powers of the Board of Juvenile Hearings (BJH) and the committing juvenile court. Specifically, this bill:

1. States that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the powers of the BJH to order an eligible ward's discharge from commitment.
2. States that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the powers of the committing juvenile court to retain jurisdiction of the ward and establish the conditions of supervision of a ward eligible for discharge from DJJ.

EXISTING LAW:

1. States that any person under age 18, who violates any law other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and the juvenile court may adjudge such a person to be a ward of the court.
2. States that if the court has found that a minor has violated any law other than an ordinance establishing a curfew based solely on age, it may order and adjudge the minor to be a ward of the court.
3. States that a court may, without adjudging the minor a ward of the court, place a minor on supervised probation for six months, and if the minor fails to comply with the conditions of probation, the court may order and adjudge the minor a ward of the court.
4. States that an order adjudging a minor a ward of the court is not a criminal conviction.
5. Requires the court to consider the relevant and material evidence, the age of the minor, the circumstances and gravity of the offense committed by the minor, and the minor's previous delinquent history prior to ordering and adjudging the minor a ward of the court.
6. States that 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, including but not limited to commitment of the minor to DJJ.
7. States that the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support, including medical treatment, of a minor or nonminor adjudged a ward of the court.
8. Requires the court to order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer and in the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer, as specified.
9. States that it is the responsibility of the probation agency to determine the appropriate placement for the ward once the court issues a placement order.
10. States that every minor adjudged a ward of the juvenile court is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.
11. States that the court has no authority to order services unless it has been determined through the administrative process of an agency, that the minor, nonminor, or nonminor dependent is eligible for those services.
12. States that the court shall not discharge any person from its jurisdiction who has been committed to DJJ so long as the person remains under the jurisdiction of DJJ.
13. Allows the court to retain jurisdiction over any person while that person is the subject of a warrant for arrest.
14. State that if a minor is a ward of the court, the court may order treatment, order the ward to make restitution, commit the ward to a sheltered-care facility, order the ward and the ward's family to participate in counseling, and commit the ward to DJJ.
15. Prohibits a ward of juvenile court to be committed to DJJ if the ward is under 11 years old, suffering from a contagious disease, or has not committed a specified violent or sex offense.
16. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement set by the court, based on the facts and circumstances that brought the ward under the court's jurisdiction.
17. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement that could be imposed on an adult convicted of the offense that brought the minor under the jurisdiction of the court.
18. States that the provisions limiting the period of time a ward may be held in physical custody of DJJ do not limit the power of the Board of Parole Hearings to retain the ward on parole status.
19. States that every person committed by the juvenile court to DJJ, shall be discharged upon the expiration of a two-year period, or when the person attains 21 years of age, whichever occurs later, unless an order for further detention has been made by the committing court.
20. States that every person committed by the juvenile court to DJJ prior to July 1, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court.
21. States that every person committed by the juvenile court to DJJ after July 2, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court.
22. Authorizes the BJH to set a date on which a ward shall be discharged from DJJ and supervised under probation and subject to the jurisdiction of the committing court.
23. Authorizes the BJH to deny discharge of a person committed to DJJ, subject to the limitations of the maximum length of confinement, as specified.
24. States that the court may retain jurisdiction over any ward who commits a specified violent or sex offence until that person attains 25 years of age, if the person was committed to DJJ.
25. States that the court may retain jurisdiction over any person who commits a specified violent or sex offence, and has been confined in a state hospital or other appropriate public or private mental health facility, until that person attains 25 years of age.
26. States that the court shall retain jurisdiction over any person who has been discharged from the physical custody of DJJ, until the person attains the age of 25 years.
27. States that the county of commitment shall supervise the reentry of a ward stull subject to the court's jurisdiction and discharged from DJJ.
28. States that a ward discharged from DJJ to the jurisdiction of the committing court may be detained by probation if there is probable cause to believe that the ward violated any of the court-ordered conditions of supervision, for the purpose of initiating proceedings to modify the conditions of supervision.
29. Provides that modifications may include an order of confinement of a ward in a juvenile facility, consistent with the limitations on the total length of confinement as specified and that confinement of a ward older than 18 years old in a local adult facility not to exceed a total of 90 days, and confinement of the ward in DJJ for a specified of time no shorter than 90 days and no longer than one year.
30. Confers specified powers and duties to the BJH, including: discharge juveniles committed to DJJ to the jurisdiction of the juvenile court, honorable discharge determinations, initial case reviews, and annual reviews.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: Author's Statement: According to the author, "AB 2595 clarifies the language in Welfare & Institutions Code Section 731(c), that a juvenile court has authority to retain jurisdiction and establish conditions for the ward's supervision disposition after a youth's commitment to a term in the Division of Juvenile Justice (DJJ)), as spelled out in Welfare & Institutions Code Section 1766, subdivision (b)(1) and (6). This reaffirmation is in keeping with Public Safety budget trailer bill AB 1628 (2010), which realigned juvenile parole from the State's DJJ to the counties' probation departments and realigned state funds to local probation departments to provide evidence-based rehabilitative services. It will encourage more courts to utilize their discretion in limiting to limit the time youth spend on their initial commitment to DJJ without limiting the court's jurisdiction to retain the youth on probation supervision and update language regarding to Board of Parole Hearings; the correct agency is the Board of Juvenile Hearings."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002686

Date of Hearing:

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2595

Author:(Obernolte) – As Introduced Ver:February 15, 2018

As Proposed to be Amended in Committee

SUMMARY:

Clarifies that the limitations on the length of the physical confinement of a ward committed to the Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ), do not limit the powers of the Board of Juvenile Hearings (BJH) and the committing juvenile court. Specifically, this bill:

1. States that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the powers of the BJH to order an eligible ward’s discharge from commitment.
2. States that the limitations on the length of the physical confinement of a ward committed to DJJ do not limit the powers of the committing juvenile court to retain jurisdiction of the ward and establish the conditions of supervision of a ward eligible for discharge from DJJ.

EXISTING LAW:

1. States that any person under age 18, who violates any law other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and the juvenile court may adjudge such a person to be a ward of the court. (Welf. & Inst. Code § 602.)
   
2. States that if the court has found that a minor has violated any law other than an ordinance establishing a curfew based solely on age, it may order and adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 725 subd. (b).)
3. States that a court may, without adjudging the minor a ward of the court, place a minor on supervised probation for six months, and if the minor fails to comply with the conditions of probation, the court may order and adjudge the minor a ward of the court. (Welf. &. Inst. 725 subd. (a).)
4. States that an order adjudging a minor a ward of the court is not a criminal conviction. (Welf. & Inst. Code § 203.)
5. Requires the court to consider the relevant and material evidence, the age of the minor, the circumstances and gravity of the offense committed by the minor, and the minor’s previous delinquent history prior to ordering and adjudging the minor a ward of the court. (Welf. & Inst. Code, § 725.5.)
6. States that 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, including but not limited to commitment of the minor to DJJ. (Welf. & Inst. Code § 202.)
   
7. States that the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support, including medical treatment, of a minor or nonminor adjudged a ward of the court. (Welf. & Inst. Code, § 727 subd. (a)(1).)
8. Requires the court to order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer and in the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer, as specified. (Welf. & Inst. Code, § 727 subd. (a).)
9. States that it is the responsibility of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. (Welf. & Inst. Code, § 727 subd. (a)(4).)
10. States that every minor adjudged a ward of the juvenile court is entitled to participate in age-appropriate extracurricular, enrichment, and social activities. (Welf. & Inst. Code, § 727 subd. (a)(4)(F).)
11. States that the court has no authority to order services unless it has been determined through the administrative process of an agency, that the minor, nonminor, or nonminor dependent is eligible for those services. (Welf. & Inst. Code, § 727 subd., (a)(2).)
    
12. States that the court shall not discharge any person from its jurisdiction who has been committed to DJJ so long as the person remains under the jurisdiction of DJJ. (Welf. & Inst. Code, § 607 subd. (c).)
    
13. Allows the court to retain jurisdiction over any person while that person is the subject of a warrant for arrest. (Welf. & Inst. Code, § 607 subd. (e).)
14. State that if a minor is a ward of the court, the court may order treatment, order the ward to make restitution, commit the ward to a sheltered-care facility, order the ward and the ward’s family to participate in counseling, and commit the ward to DJJ. (Welf. & Inst. Code, § 731.)
15. Prohibits a ward of juvenile court to be committed to DJJ if the ward is under 11 years old, suffering from a contagious disease, or has not committed a specified violent or sex offense. (Welf. & Inst. Code, § 733.)
16. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement set by the court, based on the facts and circumstances that brought the ward under the court’s jurisdiction. (Welf. & Inst. Code, § 731 subd. (c).)
17. Specifies that a ward committed to DJJ may not be in physical custody for a period exceeding the maximum length of confinement that could be imposed on an adult convicted of the offense that brought the minor under the jurisdiction of the court. (Welf. & Inst. Code, § 731 subd. (c).)
    
18. States that the provisions limiting the period of time a ward may be held in physical custody of DJJ do not limit the power of the Board of Parole Hearings to retain the ward on parole status. (Welf. & Inst. Code, § 731 subd. (c).)
19. States that every person committed by the juvenile court to DJJ, shall be discharged upon the expiration of a two-year period, or when the person attains 21 years of age, whichever occurs later, unless an order for further detention has been made by the committing court. (Welf. & Inst. Code, § 1769.)
20. States that every person committed by the juvenile court to DJJ prior to July 1, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court. (Welf. & Inst. Code, § 607 subd. (f).)
21. States that every person committed by the juvenile court to DJJ after July 2, 2012, for the commission of a specified violent or sex offence, shall be discharged upon the expiration of a two-year period, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court. (Welf. & Inst. Code, § 1769.)
22. Authorizes the BJH to set a date on which a ward shall be discharged from DJJ and supervised under probation and subject to the jurisdiction of the committing court. (Welf. & Inst. Code, § 1766.)
23. Authorizes the BJH to deny discharge of a person committed to DJJ, subject to the limitations of the maximum length of confinement, as specified. (Welf. & Inst. Code, § 1766.)
24. States that the court may retain jurisdiction over any ward who commits a specified violent or sex offence until that person attains 25 years of age, if the person was committed to DJJ. (Welf. & Inst. Code, § 607 subd. (b).)
25. States that the court may retain jurisdiction over any person who commits a specified violent or sex offence, and has been confined in a state hospital or other appropriate public or private mental health facility, until that person attains 25 years of age. (Welf. & Inst. Code, § 607 subd. (d).)
    
26. States that the court shall retain jurisdiction over any person who has been discharged from the physical custody of DJJ, until the person attains the age of 25 years. (Welf. & Inst. Code, § 607.1.)
27. States that the county of commitment shall supervise the reentry of a ward stull subject to the court’s jurisdiction and discharged from DJJ. (Welf. & Inst. Code, § 1766.)
28. States that a ward discharged from DJJ to the jurisdiction of the committing court may be detained by probation if there is probable cause to believe that the ward violated any of the court-ordered conditions of supervision, for the purpose of initiating proceedings to modify the conditions of supervision. (Welf. & Inst. Code, § 1767.35 subd. (a).)
    
29. Provides that modifications may include an order of confinement of a ward in a juvenile facility, consistent with the limitations on the total length of confinement as specified and that confinement of a ward older than 18 years old in a local adult facility not to exceed a total of 90 days, and confinement of the ward in DJJ for a specified of time no shorter than 90 days and no longer than one year. (Welf. & Inst. Code, § 1767.35.)
    
30. Confers specified powers and duties to the BJH, including: discharge juveniles committed to DJJ to the jurisdiction of the juvenile court, honorable discharge determinations, initial case reviews, and annual reviews. (Welf. & Inst. Code, § 1719.)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author, “AB 2595 clarifies the language in Welfare & Institutions Code §731(c), that a juvenile court has authority to retain jurisdiction and establish conditions for the ward’s supervision disposition after a youth’s commitment to a term in the Division of Juvenile Justice (DJJ)), as spelled out in Welfare & Institutions Code § 1766, subd. (b)(1) and (6), This reaffirmation is in keeping with Public Safety budget trailer bill A.B. 1628 (2010), which realigned juvenile parole from the State’s DJJ to the counties’ probation departments and realigned state funds to local probation departments to provide evidence-based rehabilitative services. It will encourage more courts to utilize their discretion in limiting to limit the time youth spend on their initial commitment to DJJ without limiting the court’s jurisdiction to retain the youth on probation supervision and update language regarding to Board of Parole Hearings; the correct agency is the Board of Juvenile Hearings.”
   
2. Need for the Bill: In the mid-2000s, California began to realign responsibility for juvenile offenders to the counties. In 2007, SB 81, permitted counties to commit only the most serious juvenile offenders to state facilities. In 2010, AB 1628, realigned supervision of juveniles released from DJJ from the Board of Parole Hearings to county probation. Throughout the years, juvenile realignment bills have amended various sections of the Welfare and Institution, Penal, and Government Codes. However, many sections of the codes are outdated, and need to be updated to reflect current law. One such section is Welfare and Institutions Code Section 731 subdivision (c).

Section 731 subdivision (c) limits the amount of time a juvenile may be held in physical custody at DJJ. Under this subdivision, the committing court may only commit a juvenile for a time period based on the facts and circumstances that brought the juvenile under the jurisdiction of the court. Additionally, a juvenile may only be confined in DJJ for a period not exceeding the maximum time that an adult convicted of the same offense could receive. Other sections of the code specify that, notwithstanding the statutory maximums in Section 731 subdivision (c), the BJH has the authority to discharge an eligible ward from custody of DJJ, and upon discharge, the ward is to remain under the jurisdiction of the committing court, and will be supervised locally by probation.

The court explained this process in In Re Carlos E., under section 731, “the juvenile court must determine the maximum period of confinement to CYA [now, DJJ] based on the facts and circumstances [that brought the youth under the court’s jurisdiction], this maximum may not be more than that for a comparable adult, but may be less. The maximum period of confinement set by the court is not a determinate term, it is the ceiling on the amount of time that a minor may be confined in [DJJ], and recognizes that the committing court has an interest in and particularized knowledge of the minors it commits to [DJJ]. The Youth Authority Board [now, BJH] retains the power, subject to the applicable rules and regulations, to determine the actual length of confinement at or below the ceiling set by the juvenile court...” (In re Carlos E. (2005) 127 Cal. App. 4th 1529, 1542.) The court further explained that in practice the maximum term of imprisonment rarely determines the actual period of confinement of a ward committed to DJJ. Rather, the minor’s actual term is governed by the BJH, within the statutory maximum. The statutory maximum may affect discharge eligibility and the extent to which actual confinement may be prolonged for disciplinary reasons. (Id. at 1536.)

Section 731 subdivision (c) reflects an outdated version of this law as it existed prior to juvenile realignment. Specifically, subdivision (c) as it currently exists provides that the limitations on the amount of time a juvenile can be confined in DJJ do not limit the power of the Board of Parole Hearings discharge a youth on parole. This language reflects the wrong agency; BPH no longer paroles youth confined in DJJ.

This bill would update subdivision (c) to reflect current law. Specifically, this bill deletes the subdivision’s outdated reference to the BPH, and clarifies that the juvenile court may retain jurisdiction of a ward discharged from DJJ. The bill also clarifies that the BJH has the authority to set the release date for wards confined in DJJ, subject to the subdivision’s limitations on the maximum time a juvenile can be confined in DJJ. As such, this bill ensures that courts retain their jurisdiction over juveniles that are released from DJJ.

1. Current Legislation: AB 2706 (Jones-Sawyer), of the 2017-2018, Legislative Session, would require the probation department and the court of the committing county to participate in the ward’s reentry case conference with the DJJ. AB 2706 is pending in Assembly Public Safety Committee.
2. Prior Legislation:
   
   1. SB 81 (Senate Budget and Fiscal Review Committee), Chapter 175, Statutes of 2007, allowed courts to retain jurisdiction to oversee a ward’s supervision, as specified.
   2. AB 1628 (Committee on Budget), Chapter 729, Statutes of 2010, realigned juvenile parole from the Division of Juvenile Justice to county probation offices.

REGISTERED SUPPORT / OPPOSITION:

Support

None

Opposition

None

Analysis Prepared by:

Liah Burnley / PUB. S. / (916) 319-3744