AB 2706: Juvenile wards: discharge.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-05-31
Existing law allows the Board of Juvenile Hearings to set a date on which a ward is to be discharged from the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice under the supervision of the probation department of, and the jurisdiction of the court of, the committing county, or to deny discharge and hold the person for a total period of time that does not exceed the maximum term of physical confinement set by the juvenile court. Existing law requires the division, not less than 60 days prior to the scheduled discharge consideration hearing of a ward, to provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review, as specified.
This bill would authorize the probation department of the committing county to participate in the wards reentry case conference with the Division of Juvenile Justice, in person or by video conferencing. The bill would also make technical and conforming changes.
Existing law allows the Board of Juvenile Hearings to set a date on which a ward is to be discharged from the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice under the supervision of the probation department of, and the jurisdiction of the court of, the committing county, or to deny discharge and hold the person for a total period of time that does not exceed the maximum term of physical confinement set by the juvenile court. Existing law requires the division, not less than 60 days prior to the scheduled discharge consideration hearing of a ward, to provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review, as specified.
This bill would require authorize the probation department of the committing county to participate in the wards reentry case conference with the Division of Juvenile Justice, and would encourage the probation department to participate in the wards reentry case conference in person, unless in-person participation is not practical, in which case the probation department may participate in person or by video conferencing. The bill would also make technical and conforming changes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law allows the Board of Juvenile Hearings to set a date on which a ward is to be discharged from the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice under the supervision of the probation department of, and the jurisdiction of the committing court of, the committing county, or to deny discharge and hold the person for a total period of time that does not exceed the maximum term of physical confinement set by the juvenile court. Existing law requires the division, not less than 60 days prior to the scheduled discharge consideration hearing of a ward, to provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review, as specified.
This bill would make technical, nonsubstantive changes to these provisions. require the probation department of the committing county to participate in the wards reentry case conference with the Division of Juvenile Justice, and would encourage the probation department to participate in the wards reentry case conference in person, unless in-person participation is not practical, in which case the probation department may participate by video conferencing. The bill would also make technical and conforming changes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law allows the Board of Juvenile Hearings to set a date on which a ward is to be discharged from the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice under the supervision of probation and the jurisdiction of the committing court or to deny discharge and hold the person for a total period of time that does not exceed the maximum term of physical confinement set by the juvenile court.
This bill would make technical, nonsubstantive changes to these provisions.
(a)Subject to Sections 733 and 1767.35, and subdivision (b), if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do either of the following:
(1)Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Justice and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b).
(2)Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731.
(b)This subdivision shall apply to any ward eligible for discharge from that wards commitment to the custody of the Division of Juvenile Justice. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety.
(1)The county of commitment shall supervise the reentry of any ward still subject to the courts jurisdiction and discharged from the jurisdiction of the Division of Juvenile Justice. The conditions of the wards supervision shall be established by the court pursuant to the provisions of this section.
(2)The probation department of the committing county may participate in the wards reentry case conference with the Division of Juvenile Justice, in person or by video conferencing.
(3)Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date.
(4)(A)Not less than 30 days prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact the wards parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a wards preparation for the discharge consideration hearing or the wards postrelease success.
(B)This paragraph shall not apply if either of the following conditions is met:
(i)A minor chooses not to contact the minors parents, guardians, or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons.
(ii)A person 18 years of age or older does not consent to the contact.
(C)Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving the wards commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward.
(D)This section does not limit the right of a ward to an attorney under any other law.
(5)Not less than 30 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county.
(6)If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall do both of the following:
(A)Set a date for discharge from the jurisdiction of the Division of Juvenile Justice no less than 14 days after the date of that determination. The board shall also record any postrelease recommendations for the ward. These recommendations will be sent to the committing court responsible for setting the wards conditions of supervision no later than seven days from the date of such determination.
(B)Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she the ward is not on probation.
(7)No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Justice shall transport and deliver the ward to the custody of the probation department of the committing county. On or prior to a wards date of discharge from the Division of Juvenile Justice, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(8)The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings, except that the board shall make honorable discharge determinations.
(9)Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Justice shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation shall be discharged after serving the wards revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of the wards parole are not sustained.
(c)Within 60 days of intake, the Division of Juvenile Justice shall provide the court and the probation department with a treatment plan for the ward.
(d)Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public all of the following information:
(1)The total number of ward case reviews conducted by the division and the board, categorized by guideline category.
(2)The number of discharge consideration dates for each category set at guideline, above guideline, and below guideline.
(3)The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change.
(4)The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case.
(5)The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense.
(6)Any additional data or information identified by the department as relevant.
(e)As used in subdivision (d), the term ward case review means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward.
SEC. 2.Section 1767.35 of the Welfare and Institutions Code is amended to read:1767.35.(a)A ward discharged from the Division of Juvenile Justice to the jurisdiction of the committing court may be detained by probation for the purpose of initiating proceedings to modify the wards conditions of supervision entered pursuant to paragraph (7) of subdivision (b) of Section 1766 if there is probable cause to believe that the ward has violated any of the court-ordered conditions of supervision. Within 15 days of detention, the committing court shall conduct a modification hearing for the ward. Pending the hearing, the ward may be detained by probation. At the hearing authorized by this subdivision, at which the ward shall be entitled to representation by counsel, the court shall consider the alleged violation of conditions of supervision, the risks and needs presented by the ward, and the supervision programs and sanctions that are available for the ward. Modification may include, as a sanction for a finding of a serious violation or a series of repeated violations of the conditions of supervision, an order for the reconfinement of a ward under 18 years of age in a juvenile facility, or for the reconfinement of a ward 18 years of age or older in a juvenile facility, as authorized by Section 208.5, in a local adult facility, as authorized by subdivision (b), or under the custody of the Division of Juvenile Justice, as authorized by subdivision (c). The ward shall be fully informed by the court of the terms, conditions, responsibilities, and sanctions that are relevant to the order that is adopted by the court. The procedure of the supervision modification hearing, including the detention status of the ward in the event continuances are ordered by the court, shall be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings, as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(b)Notwithstanding any other law, subject to Chapter 1.6 (commencing with Section 1980), and consistent with the maximum periods of time set forth in Section 731, in any case in which a person who was committed to, and discharged from, the Division of Juvenile Justice to the jurisdiction of the committing court attains 18 years of age prior to being discharged from the division or during the period of supervision by the committing court, the court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to subdivision (a), order that the person be delivered to the custody of the sheriff for a period not to exceed a total of 90 days, as a custodial sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (7) of subdivision (b) of Section 1766. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.
(c)Notwithstanding any other law and subject to Chapter 1.6 (commencing with Section 1980), in any case in which a person who was committed to and discharged from the Division of Juvenile Justice to the jurisdiction of the committing court, the court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to subdivision (a), order that the person be returned to the custody of the Division of Juvenile Justice for a specified amount of time no shorter than 90 days and no longer than one year. This return shall be a sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (7) of subdivision (b) of Section 1766. A decision to return a ward to the custody of the Division of Juvenile Justice shall only be made pursuant to the court making both of the following findings:
(1)Appropriate local options and programs have been exhausted.
(2)The ward has available confinement time that is greater than or equal to the length of the return.
(d)Upon ordering a ward to the custody of the Division of Juvenile Justice, the court shall send to the division a copy of its order along with a copy of the wards probation plans and history while under the supervision of the county.
(a)Subject to Sections 733 and 1767.35, and subdivision (b), if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do either of the following:
(1)Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Justice and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b).
(2)Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731.
(b)This subdivision shall apply to any ward eligible for discharge from that wards commitment to the custody of the Division of Juvenile Justice. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety.
(1)The county of commitment shall supervise the reentry of any ward still subject to the courts jurisdiction and discharged from the jurisdiction of the Division of Juvenile Justice. The conditions of the wards supervision shall be established by the court pursuant to the provisions of this section.
(2)The probation department of the committing county shall may participate in the wards reentry case conference with the Division of Juvenile Justice. The probation department is encouraged to participate in the wards reentry case conference in person, unless in-person participation is not practical, in which case the probation department may participate Justice, in person or by video conferencing.
(3)Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date.
(4)(A)Not less than 30 days prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact the wards parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a wards preparation for the discharge consideration hearing or the wards postrelease success.
(B)This paragraph shall not apply if either of the following conditions is met:
(i)A minor chooses not to contact the minors parents, guardians, or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons.
(ii)A person 18 years of age or older does not consent to the contact.
(C)Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving the wards commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward.
(D)This section does not limit the right of a ward to an attorney under any other law.
(5)Not less than 30 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county.
(6)If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall do both of the following:
(A)Set a date for discharge from the jurisdiction of the Division of Juvenile Justice no less than 14 days after the date of that determination. The board shall also record any postrelease recommendations for the ward. These recommendations will be sent to the committing court responsible for setting the wards conditions of supervision no later than seven days from the date of such determination.
(B)Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she is not on probation.
(7)No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Justice shall transport and deliver the ward to the custody of the probation department of the committing county. On or prior to a wards date of discharge from the Division of Juvenile Justice, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(8)The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings, except that the board shall make honorable discharge determinations.
(9)Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Justice shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation shall be discharged after serving the wards revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of the wards parole are not sustained.
(c)Within 60 days of intake, the Division of Juvenile Justice shall provide the court and the probation department with a treatment plan for the ward.
(d)Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public all of the following information:
(1)The total number of ward case reviews conducted by the division and the board, categorized by guideline category.
(2)The number of discharge consideration dates for each category set at guideline, above guideline, and below guideline.
(3)The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change.
(4)The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case.
(5)The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense.
(6)Any additional data or information identified by the department as relevant.
(e)As used in subdivision (d), the term ward case review means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward.
SEC. 2.Section 1767.35 of the Welfare and Institutions Code is amended to read:1767.35.(a)A ward discharged from the Division of Juvenile Justice to the jurisdiction of the committing court may be detained by probation for the purpose of initiating proceedings to modify the wards conditions of supervision entered pursuant to paragraph (7) of subdivision (b) of Section 1766 if there is probable cause to believe that the ward has violated any of the court-ordered conditions of supervision. Within 15 days of detention, the committing court shall conduct a modification hearing for the ward. Pending the hearing, the ward may be detained by probation. At the hearing authorized by this subdivision, at which the ward shall be entitled to representation by counsel, the court shall consider the alleged violation of conditions of supervision, the risks and needs presented by the ward, and the supervision programs and sanctions that are available for the ward. Modification may include, as a sanction for a finding of a serious violation or a series of repeated violations of the conditions of supervision, an order for the reconfinement of a ward under 18 years of age in a juvenile facility, or for the reconfinement of a ward 18 years of age or older in a juvenile facility, as authorized by Section 208.5, in a local adult facility, as authorized by subdivision (b), or under the custody of the Division of Juvenile Justice, as authorized by subdivision (c). The ward shall be fully informed by the court of the terms, conditions, responsibilities, and sanctions that are relevant to the order that is adopted by the court. The procedure of the supervision modification hearing, including the detention status of the ward in the event continuances are ordered by the court, shall be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings, as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(b)Notwithstanding any other law, subject to Chapter 1.6. 1.6 (commencing with Section 1980), and consistent with the maximum periods of time set forth in Section 731, in any case in which a person who was committed to, and discharged from, the Division of Juvenile Justice to the jurisdiction of the committing court attains 18 years of age prior to being discharged from the division or during the period of supervision by the committing court, the court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to subdivision (a), order that the person be delivered to the custody of the sheriff for a period not to exceed a total of 90 days, as a custodial sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (7) of subdivision (b) of Section 1766. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.
(c)Notwithstanding any other law and subject to Chapter 1.6 (commencing with Section 1980), in any case in which a person who was committed to and discharged from the Division of Juvenile Justice to the jurisdiction of the committing court, the court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to subdivision (a), order that the person be returned to the custody of the Division of Juvenile Justice for a specified amount of time no shorter than 90 days and no longer than one year. This return shall be a sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (7) of subdivision (b) of Section 1766. A decision to return a ward to the custody of the Division of Juvenile Justice shall only be made pursuant to the court making both of the following findings:
(1)Appropriate local options and programs have been exhausted.
(2)The ward has available confinement time that is greater than or equal to the length of the return.
(d)Upon ordering a ward to the custody of the Division of Juvenile Justice, the court shall send to the division a copy of its order along with a copy of the wards probation plans and history while under the supervision of the county.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.(a)Subject to Sections 733 and 1767.35, and subdivision (b) of this section, (b), if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do any either of the following:
(1)Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Justice and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b).
(2)Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731.
(b)The following provisions This subdivision shall apply to any ward eligible for discharge from that wards commitment to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety.
(1)The county of commitment shall supervise the reentry of any ward still subject to the courts jurisdiction and discharged from the jurisdiction of the Division of Juvenile Justice. The conditions of the wards supervision shall be established by the court pursuant to the provisions of this section.
(2)The probation department of the committing county shall participate in the wards reentry case conference with the Division of Juvenile Justice. The probation department is encouraged to participate in the wards reentry case conference in person, unless in-person participation is not practical, in which case the probation department may participate by video conferencing.
(2)(3)Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date.
(3)(4)(A)Not less than 30 days prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact the wards parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a wards preparation for the discharge consideration hearing or the wards postrelease success.
(B)This paragraph shall not apply if either of the following conditions is met:
(i)A minor chooses not to contact the minors parents, guardians, or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons.
(ii)A person 18 years of age or older does not consent to the contact.
(C)Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving the wards commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward.
(D)This section does not limit the right of a ward to an attorney under any other law.
(4)(5)Not less than 30 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county.
(5)(6)If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall do both of the following:
(A)Set a date for discharge from the jurisdiction of the Division of Juvenile Justice no less than 14 days after the date of that determination. The board shall also record any postrelease recommendations for the ward. These recommendations will be sent to the committing court responsible for setting the wards conditions of supervision no later than seven days from the date of such determination.
(B)Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she is not on probation.
(6)(7)No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Justice shall transport and deliver the ward to the custody of the probation department of the committing county. On or prior to a wards date of discharge from the Division of Juvenile Justice, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7)(8)The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings, except that the board shall make honorable discharge determinations.
(8)(9)Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Justice shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation shall be discharged after serving the wards revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of the wards parole are not sustained.
(c)Within 60 days of intake, the Division of Juvenile Justice shall provide the court and the probation department with a treatment plan for the ward.
(d)Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public all of the following information:
(1)The total number of ward case reviews conducted by the division and the board, categorized by guideline category.
(2)The number of discharge consideration dates for each category set at guideline, above guideline, and below guideline.
(3)The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change.
(4)The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case.
(5)The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense.
(6)Any additional data or information identified by the department as relevant.
(e)As used in subdivision (d), the term ward case review means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward.
SEC. 2.Section 1767.35 of the Welfare and Institutions Code is amended to read:1767.35.(a)For a A ward discharged from the Division of Juvenile Facilities Justice to the jurisdiction of the committing court, that person court may be detained by probation, probation for the purpose of initiating proceedings to modify the wards conditions of supervision entered pursuant to paragraph (6) (7) of subdivision (b) of Section 1766 if there is probable cause to believe that the ward has violated any of the court-ordered conditions of supervision. Within 15 days of detention, the committing court shall conduct a modification hearing for the ward. Pending the hearing, the ward may be detained by probation. At the hearing authorized by this subdivision, at which the ward shall be entitled to representation by counsel, the court shall consider the alleged violation of conditions of supervision, the risks and needs presented by the ward, and the supervision programs and sanctions that are available for the ward. Modification may include, as a sanction for a finding of a serious violation or a series of repeated violations of the conditions of supervision, an order for the reconfinement of a ward under 18 years of age in a juvenile facility, or for the reconfinement of a ward 18 years of age or older in a juvenile facility facility, as authorized by Section 208.5, or for the reconfinement of a ward 18 years of age or older in a local adult facility facility, as authorized by subdivision (b), or under the custody of the Division of Juvenile Facilities Justice, as authorized by subdivision (c). The ward shall be fully informed by the court of the terms, conditions, responsibilities, and sanctions that are relevant to the order that is adopted by the court. The procedure of the supervision modification hearing, including the detention status of the ward in the event continuances are ordered by the court, shall be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings, as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(b)Notwithstanding any other law, subject to Chapter 1.6. (commencing with Section 1980), and consistent with the maximum periods of time set forth in Section 731, in any case in which a person who was committed to to, and discharged from from, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities Justice to the jurisdiction of the committing court attains 18 years of age prior to being discharged from the division or during the period of supervision by the committing court, the court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to the provisions of subdivision (a), order that the person be delivered to the custody of the sheriff for a period not to exceed a total of 90 days, as a custodial sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (6) (7) of subdivision (b) of Section 1766. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.
(c)Notwithstanding any other law and subject to Chapter 1.6 (commencing with Section 1980), in any case in which a person who was committed to and discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, Justice to the jurisdiction of the committing court, the juvenile court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to the provisions of subdivision (a), order that the person be returned to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, Justice for a specified amount of time no shorter than 90 days and no longer than one year. This return shall be a sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (6) (7) of subdivision (b) of Section 1766. A decision to return a ward to the custody of the Division of Juvenile Facilities can Justice shall only be made pursuant to the court making both of the following findings: (1) that appropriate
(1)Appropriate local options and programs have been exhausted, and (2) that the exhausted.
(2)The ward has available confinement time that is greater than or equal to the length of the return.
(d)Upon ordering a ward to the custody of the Division of Juvenile Facilities, Justice, the court shall send to the Division of Juvenile Facilities division a copy of its order along with a copy of the wards probation plans and history while under the supervision of the county.
(e)This section shall become operative on January 1, 2013.SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Subject to Sections 733 and 1767.35, and subdivision (b) of this section, if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, Justice, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do any of the following:
(1)Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Facilities Justice and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b).
(2)Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731.
(b)The following provisions shall apply to any ward eligible for discharge from that wards commitment to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Justice. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety.
(1)The county of commitment shall supervise the reentry of any ward still subject to the courts jurisdiction and discharged from the jurisdiction of the Division of Juvenile Facilities. Justice. The conditions of the wards supervision shall be established by the court pursuant to the provisions of this section.
(2)Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the wards counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date.
(3)(A)Not less than 30 days prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact the wards parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a wards preparation for the discharge consideration hearing or the wards postrelease success.
(B)This paragraph shall not apply if either of the following conditions is met:
(i)A minor chooses not to contact the minors parents, guardians, or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons.
(ii)A person 18 years of age or older does not consent to the contact.
(C)Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving the wards commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward.
(D)Nothing in this paragraph shall be construed to This section does not limit the right of a ward to an attorney under any other law.
(4)Not less than 30 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county.
(5)If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall do both of the following:
(A)Set a date for discharge from the jurisdiction of the Division of Juvenile Facilities Justice no less than 14 days after the date of such that determination. The board shall also record any postrelease recommendations for the ward. These recommendations will be sent to the committing court responsible for setting the wards conditions of supervision no later than seven days from the date of such determination.
(B)Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she is not on probation.
(6)No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Facilities Justice shall transport and deliver the ward to the custody of the probation department of the committing county. On or prior to a wards date of discharge from the Division of Juvenile Facilities, Justice, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7)The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings, except that the board shall make honorable discharge determinations.
(8)Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Facilities Justice shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation shall be discharged after serving the wards revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of the wards parole are not sustained.
(c)Within 60 days of intake, the Division of Juvenile Facilities Justice shall provide the court and the probation department with a treatment plan for the ward.
(d)Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public the following information:
(1)The total number of ward case reviews conducted by the division and the board, categorized by guideline category.
(2)The number of discharge consideration dates for each category set at guideline, above guideline, and below guideline.
(3)The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change.
(4)The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case.
(5)The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense.
(6)Any additional data or information identified by the department as relevant.
(e)As used in subdivision (d), the term ward case review means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward.
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Date
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Status
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|---|---|
| May 31, 2018 | Assembly Rule 69(b) suspended. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 25). |
| May 9, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 10, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 10). Re-referred to Com. on APPR. |
| Mar 19, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 20, 2018 | Re-referred to Com. on PUB. S. |
| Mar 19, 2018 | Referred to Com. on PUB. S. |
| Feb 16, 2018 | From printer. May be heard in committee March 18. |
| Feb 15, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| May 25, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 10, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Attorneys For Criminal Justice | ** Support | Apr 9, 2018 |
ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Jones-Sawyer)
As Amended Ver:
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, Gonzalez Fletcher, Kiley, Quirk, Santiago | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
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SUMMARY: Authorizes the probation department of the committing county to participate in a ward’s reentry case conference with the California Department of Corrections, Division of Juvenile Justice (DJJ) in person, or by video conference if in-person participation is not practical.
EXISTING LAW:
- 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.
- Allows 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.
- States that it is the responsibility of the probation agency to determine the appropriate placement for a ward once the court issues a placement order.
- Confers specific powers and duties to the Board of Juvenile Hearings (BJH), including: discharge juveniles committed to DJJ to the jurisdiction of the juvenile court, honorable discharge determinations, initial case reviews, and annual reviews.
- Authorizes the BJH to set a date on which a ward shall be discharged from DJJ to be supervised under probation and subject to the jurisdiction of the committing court.
- States that the county of commitment shall supervise the reentry of a ward still subject to the court’s jurisdiction and discharged from DJJ.
- 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.
- 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.
- 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.
- Requires the case of each ward to be reviewed by the BJH within 45 days of arrival at the DJJ, and at other times as is necessary to meet the powers or duties of the board.
- Specifies that reviews conducted by BJH shall be written and shall include, but not be limited to: verification of the treatment or program goals and orders for the ward; an assessment of the ward’s adjustment and responsiveness to treatment, programming, and custody; a review of the ward’s disciplinary history and response to disciplinary sanctions; and a review of any additional information relevant to the ward’s progress.
- Requires DJJ to provide copies of the reviews prepared by BJH to the court and the probation department of the committing county.
- Requires, not less than 60 days prior to the scheduled discharge consideration hearing, DJJ to provide the probation department, the committing court, and the ward’s counsel, the most recent prepared review and notice of the discharge consideration hearing date.
- Allows the probation department of the committing county to provide DJJ with a written plan for the reentry and supervision of the ward.
- States that, at the discharge hearing, the BJH shall consider a reentry supervision plan submitted by the county.
- Requires, not less than 30 days prior to the scheduled discharge consideration hearing, DJJ to notify the ward of the date and location of the discharge consideration hearing, and states that the ward has the right to contact his or her parent or guardian, and other persons identified by the ward, if they can reasonably be located, and who are considered by the DJJ to be likely to contribute to the ward’s preparation for the discharge consideration hearing or the ward's postrelease success.
- Provides that if the BJH determines that a ward is ready for discharge to county supervision, it shall record any postrelease recommendations for the ward, which will be sent to the committing court responsible for setting the ward's conditions of supervision.
- States that the court shall establish the conditions of a ward’s supervision upon release from DJJ.
- States that on or prior to a ward’s date of discharge from DJJ, the committing court shall convene a reentry disposition hearing for the ward.
- Provides that the purpose of the reentry disposition hearing is for the court to identify the conditions of supervision that are appropriate given the circumstances of the case and consistent with evidence-based practices.
- Requires the court, to the extent it deems appropriate, incorporate the postrelease recommendations made by the BJH as well as any reentry plan submitted by the county probation department into its disposition order.
- States that a ward must be fully informed of the terms and conditions of any order entered by the court at the reentry hearing, including the consequences for any violation of the conditions.
- Requires DJJ, no more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, to transport and deliver the ward to the custody of the probation department of the committing county.
- 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.
- 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.
- 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.
- Provides that DJJ has no jurisdiction over a ward discharged by BJH, except to make honorable discharge determinations.
- 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.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Ongoing General Fund (GF) costs of $156,000 for DJJ to increase bandwidth to support video conferencing.
- Onetime GF costs of $68,000 for DJJ to purchase video conferencing equipment.
COMMENTS: According to the author, ''As the Chair of the Select Committee on the Status of Boys and Men of Color, I hear too often about how our system is not doing enough to help our kids heal after we incarcerate them. The state has made a lot of progress by reducing its youth incarnation rate by over 90% at Department of Juvenile Justice facilities since 1996, but we need to get the kids we have to the finish line. To help these children succeed we need to let them know that their community is invested in their success.
''AB 2706 will help firmly establish a relationship between youth and their community. By requiring county probation departments to participate in the youth’s re-entry case conference local jurisdictions can become more invested in each child's case, and each child can see that probation officers care about their success.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0003242
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2706
Author:(Jones-Sawyer) – As Amended Ver:March 19, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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| ||
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires the probation department of the committing county to participate in person, or by video conference if in-person participation is not practical, in a ward’s reentry case conference with the Division of Juvenile Justice (DJJ).
FISCAL EFFECT:
- Ongoing GF costs of $156,000 for DJJ to increase bandwidth to support video conferencing.
- Onetime GF costs of $68,000 for DJJ to purchase video conferencing equipment.
- Unknown significant reimbursable state-mandate costs, in the low millions of dollars, for county probation departments to travel to DJJ facilities or purchase video conferencing equipment. DJJ has released an average of 225 youths annually over the last three years. If travel costs of $500 are incurred for probation officers to participate in each of 225 reentry conferences a year, total annual travel costs will be $112,500. If counties must also purchase video conferencing equipment similar to DJJ, onetime costs could reach close to $1 million. In addition, it is unclear the extent to which probation departments have sufficient bandwidth to support video conferencing capabilities and whether they will incur ongoing costs to increase bandwidth.
COMMENTS:
- Background. Most juveniles who commit crimes become wards of a county probation department where they can be committed to juvenile hall and receive various services. Commitment to DJJ is reserved for the most serious juvenile offenders. For the current fiscal year, DJJ is estimated to have an average daily population of 736 wards. According to DJJ, about 225 wards are released annually from DJJ to community supervision.
- Purpose. According to the author:
AB 2706 will help firmly establish a relationship between youth and their community. By requiring county probation departments to participate in the youth’s re-entry case conference local jurisdictions can become more invested in each child’s case, and each child can see that probation officers care about their success.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing:
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2706
Author:(Jones-Sawyer) – As Amended Ver:March 19, 2018
SUMMARY: Requires the probation department of the committing county to participate in a ward’s reentry case conference with the California Department of Corrections, Division of Juvenile Justice (DJJ) in person, or by video conference if in-person participation is not practical.
EXISTING LAW:
- 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.)
- Allows 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).)
- States that it is the responsibility of the probation agency to determine the appropriate placement for a ward once the court issues a placement order. (Welf. & Inst. Code, § 727 subd. (a)(4).)
- Confers specific powers and duties to the Board of Juvenile Hearings (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.)
- Authorizes the BJH to set a date on which a ward shall be discharged from DJJ to be supervised under probation and subject to the jurisdiction of the committing court. (Welf. & Inst. Code, § 1766.)
- States 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.)
- 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.)
- 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).)
- 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.)
- Requires the case of each ward to be reviewed by the BJH within 45 days of arrival at the DJJ, and at other times as is necessary to meet the powers or duties of the board. (Welf. & Inst. Code, § 1720.)
- Specifies that reviews conducted by BJH shall be written and shall include, but not be limited to: verification of the treatment or program goals and orders for the ward; an assessment of the ward’s adjustment and responsiveness to treatment, programming, and custody; a review of the ward’s disciplinary history and response to disciplinary sanctions; and a review of any additional information relevant to the ward’s progress. (Welf. & Inst. Code, § 1720.)
- Requires DJJ to provide copies of the reviews prepared by BJH to the court and the probation department of the committing county. (Welf. & Inst. Code, § 1720.)
- Requires, not less than 60 days prior to the scheduled discharge consideration hearing, DJJ to provide the probation department, the committing court, and the ward’s counsel, the most recent prepared review and notice of the discharge consideration hearing date. (Welf. & Inst. Code, § 1766 subd. (b)(3).)
- Allows the probation department of the committing county to provide DJJ with a written plan for the reentry and supervision of the ward. (Welf. & Inst. Code, § 1766.)
- States that, at the discharge hearing, the BJH shall consider a reentry supervision plan submitted by the county. (Welf. & Inst. Code, § 1766.)
- Requires, not less than 30 days prior to the scheduled discharge consideration hearing, DJJ to notify the ward of the date and location of the discharge consideration hearing, and states that the ward has the right to contact his or her parent or guardian, and other persons identified by the ward, if they can reasonably be located, and who are considered by the DJJ to be likely to contribute to the ward’s preparation for the discharge consideration hearing or the ward’s postrelease success. (Welf. & Inst. Code, § 1766.)
- Provides that if the BJH determines that a ward is ready for discharge to county supervision, it shall record any postrelease recommendations for the ward, which will be sent to the committing court responsible for setting the ward's conditions of supervision. (Welf. & Inst. Code, § 1766.)
- States that the court shall establish the conditions of a ward’s supervision upon release from DJJ. (Welf. & Inst. Code, § 1766 subd. (b).)
- States that on or prior to a ward’s date of discharge from DJJ, the committing court shall convene a reentry disposition hearing for the ward. (Welf. & Inst. Code, § 1766.)
- Provides that the purpose of the reentry disposition hearing is for the court to identify the conditions of supervision that are appropriate given the circumstances of the case and consistent with evidence-based practices. (Welf. & Inst. Code, § 1766.)
- Requires the court, to the extent it deems appropriate, incorporate the postrelease recommendations made by the BJH as well as any reentry plan submitted by the county probation department into its disposition order. (Welf. & Inst. Code, § 1766.)
- States that a ward must be fully informed of the terms and conditions of any order entered by the court at the reentry hearing, including the consequences for any violation of the conditions. (Welf. & Inst. Code, § 1766.)
- Requires DJJ, no more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, to transport and deliver the ward to the custody of the probation department of the committing county. (Welf. & Inst. Code, § 1766.)
- 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).)
- 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).)
- 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.)
- Provides that DJJ has no jurisdiction over a ward discharged by BJH, except to make honorable discharge determinations. (Welf. & Inst. Code, § 1766.)
- 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).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author’s Statement: According to the author, ''As the Chair of the Select Committee on the Status of Boys and Men of Color, I hear too often about how our system is not doing enough to help our kids heal after we incarcerate them. The state has made a lot of progress by reducing its youth incarnation rate by over 90% at Department of Juvenile Justice facilities since 1996, but we need to get the kids we have to the finish line. To help these children succeed we need to let them know that their community is invested in their success.
''AB 2706 will help firmly establish a relationship between youth and their community. By requiring county probation departments to participate in the youth’s re-entry case conference local jurisdictions can become more invested in each child’s case, and each child can see that probation officers care about their success.'' - Need for the Bill: In the mid-2000s, California began to realign responsibility for juvenile offenders to the counties. Legislation permitted counties to commit only the most serious juvenile offenders to state facilities, abolished juvenile parole, and realigned supervision of juveniles released from DJJ to county probation. Thus, DJJ no longer retains custody over wards discharged from DJJ. Rather, upon release, the committing court retains jurisdiction and sets the wards conditions of supervision, and the ward’s supervision is handled locally by probation.
Youths committed to DJJ have committed serious and/or violent felonies that require intensive treatment services conducted in a structured and secure environment. DJJ staff from every professional discipline work as a team to assess the unique needs of each youth and to develop an individualized treatment program to address them. Through collaboration with the youth, the team administers a case plan that takes advantage of each youth’s personal strengths to maximize treatment in other areas of their life to reduce the risk of re-offending. These services are provided to the youth from arrival at DJJ to until the youth is discharged. (https://www.cdcr.ca.gov/Juvenile_Justice/)
Additionally, DJJ recognizes the importance of family and community involvement for a youth to successfully transition back to the community. Family members and other appropriate adult influences are encouraged to help plan treatment goals, as well as participate in other activities, throughout the youth’s stay at DJJ. (https://www.cdcr.ca.gov/Juvenile_Justice/docs/Linked/Integrated_Behavior_Treatment_Model_IBTM_Brochure_English_5-2016.pdf) Probation’s participation in a youth’s case prior to discharge is especially important to a youth’s successful integration, given their particular knowledge of the resources in the community that the youth will be returned. Participation by probation would also allow a youth to begin building a relationship with her probation officer prior to release.
This bill would ensure that probation plays a role in developing a youth’s reentry plan, by requiring the probation department to participate in a ward’s reentry case conference.
- Related Legislation: AB 2595 (Olbernolte), of the 2017-2018 Legislative Session, clarifies that the limitations on the length of the physical confinement of a ward committed to the DJJ, do not limit the powers of the BJH and the committing juvenile court. AB 2595 is pending on the Assembly Floor.
- Prior Legislation:
- 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.
- 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
California Attorneys for Criminal Justice
Opposition
None
Analysis Prepared by:
Liah Burnley / PUB. S. / (916) 319-3744
Bill Author
Bill Co-Author(s):