SB 625: Juveniles: honorable discharge.

Existing law sets forth provisions for the discharge of wards from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to the jurisdiction of the committing court. Under existing law, the department has no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings. 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. Existing law authorizes the court, if it makes a finding of a serious violation or a series of repeated violations of the conditions of supervision, to order the reconfinement of the ward in a juvenile facility, a local adult facility, or the Division of Juvenile Facilities, as specified.

This bill would, among other things, confer on the board the obligation to make an honorable discharge determination for a person previously committed to the division upon his or her completion of local probation supervision, but not sooner than 18 months following the date of discharge by the board. The bill would require the board to promulgate regulations setting forth the criteria for the award of an honorable discharge. The bill would state the purposes of an honorable discharge and would require the board to promote the purposes of an honorable discharge designation and inform and assist currently committed youth with regard to obtaining an honorable discharge, as specified.

This bill would require the county of commitment to inform youth currently or previously under its supervision, who were previously under the jurisdiction of the division, about the opportunity and process of petitioning the board for an honorable discharge, as specified. The bill would require the board to request of the county, and would require the county to provide, a summary report of a petitioners performance while on probation after release from the division. The bill would also make conforming changes to provisions relating to authorization to inspect juvenile case files. By creating new duties for local officials relating to honorable discharges, the bill would impose a state-mandated local program.

Existing law sets forth provisions, inoperable under existing case law, requiring the board to grant an honorable discharge to a paroled person who has proven his or her ability for honorable self-support.

This bill would instead authorize the board to grant an honorable discharge to a person discharged from the division by the board if the person has proven his or her ability to desist from criminal behavior and to initiate a successful transition into adulthood.

Existing law requires that all persons honorably discharged from the control of the board to thereafter be released from all penalties or disabilities resulting from the offenses for which they were committed, including, but not limited to, any disqualification for any employment or occupational license, or both.

This bill would instead specify that the penalties or disabilities include, but are not limited to, those that affect access to education, employment, or occupational licenses. The bill would make conforming changes to related provisions.

Existing law prohibits a person who is under the jurisdiction of the division from being admitted to an examination for a peace officer position within the division unless and until the person has been honorably discharged.

This bill would additionally apply those provisions to a person who is under the jurisdiction of a county probation department.

This bill would also make other conforming changes and technical, nonsubstantive changes to the above provisions.

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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would incorporate additional changes to Section 827 of the Welfare and Institutions Code proposed by AB 404 to be operative only if this bill and AB 404 are enacted and this bill is enacted last.