SB 641: CalFresh for College Students Act.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-30
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs.
Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rule for specified students.
This bill would also require the department to post on its internet website that program list and those instructions to counties, and would require the instructions to include specific guidance for processing applications, reporting, and recertification for additional students who are exempt from the CalFresh student eligibility rule.
The bill would require the department to convene a workgroup to identify the steps necessary to establish a CalFresh application submission process that accommodates the large influx of CalFresh applications during the beginning of a school term, as specified, and to submit a report, on or before April 1, 2023, to the Legislature on the necessary steps identified by the workgroup and any estimates of costs associated with implementing those steps.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs.
Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rule for specified students.
This bill would also require the department to post on its internet website that program list and those instructions to counties, and would require the instructions to include specific guidance for processing applications, reporting, and recertification for additional students who are exempt from the CalFresh student eligibility rule.
The bill would require the department to convene a workgroup to identify the steps necessary to establish a CalFresh application submission process that accommodates the large influx of CalFresh applications during the beginning of a school term, as specified, and to submit a report, on or before April 1, 2023, to the Legislature on the necessary steps identified by the workgroup and any estimates of costs associated with implementing those steps.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs.
Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rule for specified students.
This bill would also require the department to post on its internet website that program list and those instructions to counties, and would require the instructions to include specific guidance for processing applications, reporting, and recertification for additional students who are exempt from the CalFresh student eligibility rule.
The bill would require the department to convene a workgroup to identify the steps necessary to establish a CalFresh application submission process that improves access to realtime information about applications submitted and accommodates the large influx of CalFresh applications during the beginning of a school term, as specified. The bill would require the department specified, and to submit a report report, on or before April 1, 2023, to the Legislature on the necessary steps identified by the workgroup, workgroup and any estimates of costs associated with implementing those steps, an analysis of existing data collected from the Statewide Automated Welfare System (SAWS) that helps to identify patterns of applications that need to be understood in order to improve participation rates for eligible college students, and an analysis of additional data collection capacity, and associated funding, needed in order to monitor and improve CalFresh access to college students. steps.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs.
Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rule for specified students.
This bill would also require the department to post on its internet website that program list and those instructions to counties, and would require the instructions to include specific guidance for processing applications, reporting, and recertification for additional students who are exempt from the CalFresh student eligibility rule. The bill would require the department, on a monthly basis, to issue and post on its internet website a report with the estimated number of public postsecondary students who are eligible to receive CalFresh benefits and the number of those students who are receiving those benefits, as specified. The bill would also require the department to submit a report, on or before March 1, 2023, to the Department of Finance and relevant policy and fiscal committees of the Legislature that details specified estimated costs relating to the CalFresh student eligibility rule.
The bill would require the department to convene a workgroup to identify the steps necessary to establish a CalFresh application submission process that improves access to realtime information about applications submitted and accommodates the large influx of CalFresh applications during the beginning of a school term, as specified. The bill would require the department to submit a report to the Legislature on the necessary steps identified by the workgroup and workgroup, any estimates of costs associated with implementing those steps. steps, an analysis of existing data collected from the Statewide Automated Welfare System (SAWS) that helps to identify patterns of applications that need to be understood in order to improve participation rates for eligible college students, and an analysis of additional data collection capacity, and associated funding, needed in order to monitor and improve CalFresh access to college students.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs.
Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rule for specified students.
This bill would also require the department to post on its internet website that program list and those instructions to counties, and would require the instructions include specific guidance for processing applications, reporting, and recertification for additional students who are exempt from the CalFresh student eligibility rule. The bill would require the department, on a monthly basis, to issue and post on its internet website a report with the estimated number of public postsecondary students who are eligible to receive CalFresh benefits and the number of those students who are receiving those benefits, as specified. The bill would also require the department to submit a report, on or before March 1, 2023, to the Department of Finance and relevant policy and fiscal committees of the Legislature that details specified estimated costs relating to the CalFresh student eligibility rule.
The bill would require the department to convene a workgroup to identify the steps necessary to establish a CalFresh application submission process that improves access to realtime information about applications submitted and accommodates the large influx of CalFresh applications during the beginning of a school term, as specified. The bill would require the department to submit a report to the Legislature on the necessary steps identified by the workgroup and any estimates of costs associated with implementing those steps.
Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court.Existing law, the Public Safety and Rehabilitation Act of 2016, as amended by Proposition 57 at the November 8, 2016, statewide general election, allows the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older. Existing law authorizes the district attorney to make a motion to transfer an individual to a court of criminal jurisdiction in a case in which a specified serious offense is alleged to have been committed by the individual when they were 14 or 15 years of age, but they were not apprehended prior to the end of juvenile court jurisdiction. The existing Public Safety and Rehabilitation Act of 2016 may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act.This bill would make technical, nonsubstantive changes to those provisions.Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court.
Existing law, the Public Safety and Rehabilitation Act of 2016, as amended by Proposition 57 at the November 8, 2016, statewide general election, allows the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older. Existing law authorizes the district attorney to make a motion to transfer an individual to a court of criminal jurisdiction in a case in which a specified serious offense is alleged to have been committed by the individual when they were 14 or 15 years of age, but they were not apprehended prior to the end of juvenile court jurisdiction. The existing Public Safety and Rehabilitation Act of 2016 may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act.
This bill would make technical, nonsubstantive changes to those provisions.
This act shall be known, and may be cited, as the CalFresh for College Students Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Research suggests that one in four college students experience hunger.
(b)College hunger is linked to harmful consequences for health and academic success.
(c)Furthermore, college students face a number of barriers in accessing or receiving food assistance, including stigma, lack of information on available resources, ineligibility for assistance, and barriers to seeking assistance, even for those who are eligible.
(d)Barriers to the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, are especially apparent in the low participation rates in CalFresh as a result of federal law.
(e)According to one large study in California, only 20 percent of eligible students received CalFresh food benefits.
(f)Students can receive relevant recommendations for other benefits and services they may qualify for, including health care subsidies, broadband support, and other food assistance, in order to connect them with support to lower additional economic barriers to postsecondary education completion.
(g)In 2014, California became the first state in the nation to pass a bill to address college student hunger with the passage of Assembly Bill 1930, which created a workgroup to address the issue.
(h)Since the enactment of Assembly Bill 1930, several of the workgroups recommendations have been enacted by subregulatory guidance.
(i)This act will codify the Assembly Bill 1930 guidance, help to document the progress in improving participation among CalFresh eligible college students, and lay the path for next steps.
SEC. 3.Section 18901.11 of the Welfare and Institutions Code is amended to read:18901.11.(a)For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.
(b)(1)The department shall maintain, regularly update, and post on its internet website the list of state- or locally-funded programs specified in Section 18901.12 and identified by the workgroup established pursuant to Chapter 729 of the Statutes of 2014 that meet the standard set in Section 273.5(b)(11)(iv) of Title 7 of the Code of Federal Regulations.
(2)Upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, the department shall include adult education and career technical education programs in the list of programs that are deemed to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations.
(c)(1)The department shall issue, maintain, and post on its internet website instructions for county human services agencies that maximize CalFresh eligibility and minimize the burden for applicants and recipients to verify exemptions to the CalFresh student eligibility rule for students. The instructions provided shall include specific guidance for processing applications, reporting, and recertification for all of the following:
(A)Students who participate in at least one of the programs identified pursuant to subdivision (b) because they offer a program component that is equivalent to a CalFresh E&T program component.
(B)Students who are approved and anticipate participating in state or federal workstudy.
(C)Students who meet the qualification for an exemption set forth in Section 69519.3 of the Education Code, or are receiving tribal Temporary Aid to Needy Families (tribal TANF) or CalWORKs benefits.
(D)Students who are employed 20 hours a week or more on a reasonably anticipated monthly average, with instructions for allowing self-certification of employment and number of hours worked.
(E)Students with children, as described in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(F)Students enrolled in a CalFresh E&T program.
(G)Students who do not intend to register during the next normal school term.
(H)Students enrolled in a Workforce Innovation and Opportunity Act (WIOA) funded program, Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act, or programs under Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) .
(I)Students who are physically or mentally unfit, pursuant to federal law.
(J)Student who are participating in a program of career and technical education, as defined in Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2)To the extent practicable, community colleges and universities shall distribute the standardized state or federal workstudy verification form to all students approved for state or federal workstudy.
(3)For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be anticipating participation in workstudy if the student can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be anticipating participation in workstudy until the student receives notice from the institution of higher education that the student has been denied participation in workstudy.
(d)(1)This section does not require a county human services agency to offer a particular component, support services, or workers compensation to a student found eligible for an exemption pursuant to this section.
(2)This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.
(3)Except for the information required to complete the form specified in paragraph (2) of subdivision (c), this section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.
(e)For the purposes of this section, student means an individual who is enrolled at least half-time in an institution of higher education. A person shall be determined to be enrolled in an institution of higher education if the individual is enrolled, as an undergraduate or graduate student, in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
SEC. 4.Section 18901.14 is added to the Welfare and Institutions Code, to read:18901.14.(a)The department shall convene a workgroup comprised of the University of California, the California State University, the California Community Colleges, the Student Aid Commission, representatives from student organizations from all three sectors of public postsecondary educational institutions, the County Welfare Directors Association of California, and representatives from CalFresh eligibility workers and CalFresh advocates to identify the steps necessary to establish a CalFresh application submission process that accommodates the large influx of CalFresh applications during the beginning of a school term in counties where large public postsecondary educational institutions with 10,000 students or more are located. The workgroup may be convened as part of an existing workgroup that is comprised of the same members specified in this subdivision.
(b)On or before April 1, 2023, the department shall submit a report to the Legislature on the necessary steps identified pursuant to subdivision (a) and any estimates of costs associated with implementing them. The report shall include an analysis of using regional partnerships between counties and shall only include recommendations that are compliant with Section 10503 of the Welfare and Institutions Code.
(c)The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
This act shall be known, and may be cited, as the CalFresh for College Students Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Research suggests that one in four college students experience hunger.
(b)College hunger is linked to harmful consequences for health and academic success.
(c)Furthermore, college students face a number of barriers in accessing or receiving food assistance, including stigma, lack of information on available resources, ineligibility for assistance, and barriers to seeking assistance, even for those who are eligible.
(d)Barriers to the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, are especially apparent in the low participation rates in CalFresh as a result of federal law.
(e)According to one large study in California, only 20 percent of eligible students received CalFresh food benefits.
(f)Students can receive relevant recommendations for other benefits and services they may qualify for, including health care subsidies, broadband support, and other food assistance, in order to connect them with support to lower additional economic barriers to postsecondary education completion.
(g)In 2014, California became the first state in the nation to pass a bill to address college student hunger with the passage of Assembly Bill 1930, which created a workgroup to address the issue.
(h)Since the enactment of Assembly Bill 1930, several of the workgroups recommendations have been enacted by subregulatory guidance.
(i)This act will codify the Assembly Bill 1930 guidance, help to document the progress in improving participation among CalFresh eligible college students, and lay the path for next steps.
SEC. 3.Section 18901.11 of the Welfare and Institutions Code is amended to read:18901.11.(a)For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.
(b)(1)The department shall maintain, regularly update, and post on its internet website the list of state- or locally-funded programs specified in Section 18901.12 and identified by the workgroup established pursuant to Chapter 729 of the Statutes of 2014 that meet the standard set in Section 273.5(b)(11)(iv) of Title 7 of the Code of Federal Regulations.
(2)Upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, the department shall include adult education and career technical education programs in the list of programs that are deemed to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations.
(c)(1)The department shall issue, maintain, and post on its internet website instructions for county human services agencies that maximize CalFresh eligibility and minimize the burden for applicants and recipients to verify exemptions to the CalFresh student eligibility rule for students. The instructions provided shall include specific guidance for processing applications, reporting, and recertification for all of the following:
(A)Students who participate in at least one of the programs identified pursuant to subdivision (b) because they offer a program component that is equivalent to a CalFresh E&T program component.
(B)Students who are approved and anticipate participating in state or federal workstudy.
(C)Students who meet the qualification for an exemption set forth in Section 69519.3 of the Education Code, or are receiving tribal Temporary Aid to Needy Families (tribal TANF) or CalWORKs benefits.
(D)Students who are employed 20 hours a week or more on a reasonably anticipated monthly average, with instructions for allowing self-certification of employment and number of hours worked.
(E)Students with children, as described in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(F)Students enrolled in a CalFresh E&T program.
(G)Students who do not intend to register during the next normal school term.
(H)Students enrolled in a Workforce Innovation and Opportunity Act (WIOA) funded program, Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act, or programs under Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) .
(I)Students who are physically or mentally unfit, pursuant to federal law.
(J)Student who are participating in a program of career and technical education, as defined in Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2)To the extent practicable, community colleges and universities shall distribute the standardized state or federal workstudy verification form to all students approved for state or federal workstudy.
(3)For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be anticipating participation in workstudy if the student can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be anticipating participation in workstudy until the student receives notice from the institution of higher education that the student has been denied participation in workstudy.
(d)(1)This section does not require a county human services agency to offer a particular component, support services, or workers compensation to a student found eligible for an exemption pursuant to this section.
(2)This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.
(3)Except for the information required to complete the form specified in paragraph (2) of subdivision (c), this section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.
(e)For the purposes of this section, student means an individual who is enrolled at least half-time in an institution of higher education. A person shall be determined to be enrolled in an institution of higher education if the individual is enrolled, as an undergraduate or graduate student, in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
SEC. 4.Section 18901.14 is added to the Welfare and Institutions Code, to read:18901.14.(a)The department shall convene a workgroup comprised of the University of California, the California State University, the California Community Colleges, the Student Aid Commission, representatives from student organizations from all three sectors of public postsecondary educational institutions, the County Welfare Directors Association of California, and representatives from CalFresh eligibility workers and CalFresh advocates to identify the steps necessary to establish a CalFresh application submission process that accommodates the large influx of CalFresh applications during the beginning of a school term in counties where large public postsecondary educational institutions with 10,000 students or more are located. The workgroup may be convened as part of an existing workgroup that is comprised of the same members specified in this subdivision.
(b)On or before April 1, 2023, the department shall submit a report to the Legislature on the necessary steps identified pursuant to subdivision (a) and any estimates of costs associated with implementing them. The report shall include an analysis of using regional partnerships between counties and shall only include recommendations that are compliant with Section 10503 of the Welfare and Institutions Code.
(c)The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
This act shall be known, and may be cited, as the CalFresh for College Students Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Research suggests that one in four college students experience hunger.
(b)College hunger is linked to harmful consequences for health and academic success.
(c)Furthermore, college students face a number of barriers in accessing or receiving food assistance, including stigma, lack of information on available resources, ineligibility for assistance, and barriers to seeking assistance, even for those who are eligible.
(d)Barriers to the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, are especially apparent in the low participation rates in CalFresh as a result of federal law.
(e)According to one large study in California, only 20 percent of eligible students received CalFresh food benefits.
(f)Students can receive relevant recommendations for other benefits and services they may qualify for, including health care subsidies, broadband support, and other food assistance, in order to connect them with support to lower additional economic barriers to postsecondary education completion.
(g)In 2014, California became the first state in the nation to pass a bill to address college student hunger with the passage of Assembly Bill 1930, which created a workgroup to address the issue.
(h)Since the enactment of Assembly Bill 1930, several of the workgroups recommendations have been enacted by subregulatory guidance.
(i)This act will codify the Assembly Bill 1930 guidance, help to document the progress in improving participation among CalFresh eligible college students, and lay the path for next steps.
SEC. 3.Section 18901.11 of the Welfare and Institutions Code is amended to read:18901.11.(a)For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.
(b)(1)The department shall maintain, regularly update, and post on its internet website the list of state- or locally-funded programs specified in Section 18901.12 and identified by the workgroup established pursuant to Chapter 729 of the Statutes of 2014 to that meet the standard set in Section 273.5(b)(11) 273.5(b)(11)(iv) of Title 7 of the Code of Federal Regulations, which provides that a student is eligible for an exemption from the CalFresh student eligibility rule if the students attendance can be described as participating in a program to increase the students employability. Regulations.
(2)Upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, the department shall include adult education and career technical education programs in the list of programs that are deemed to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations.
(c)(1)The department shall issue, maintain, and post on its internet website instructions for county human services agencies that maximize CalFresh eligibility and minimize the burden for applicants and recipients to verify exemptions to the CalFresh student eligibility rule for students. The instructions provided shall include specific guidance for processing applications, reporting, and recertification for all of the following:
(A)Students who participate in at least one of the programs identified pursuant to subdivision (b) because they offer a program component that is equivalent to a CalFresh E&T program component.
(B)Students who are approved and anticipate participating in state or federal workstudy.
(C)Students who meet the qualification for an exemption set forth in Section 69519.3 of the Education Code, or are receiving tribal Temporary Aid to Needy Families (tribal TANF) or CalWORKs benefits.
(D)Students who are employed 20 hours a week or more on a reasonably anticipated monthly average, with instructions for allowing self-certification of employment and number of hours worked.
(E)Students with children, as described in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(F)Students enrolled in a CalFresh E&T program.
(G)Students who do not intend to register during the next normal school term.
(H)Students enrolled in a Workforce Innovation and Opportunity Act (WIOA) funded program, Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act, or programs under Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) .
(I)Students who are physically or mentally unfit, including, but not limited to, students who are receiving services or supports through the Department of Rehabilitation, the Donahoe Higher Educational Act (Part 40 (commencing with Section 66000) of Division 5 of Title 3 of the Education Code), or the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.), students who are without safe and stable housing, students who have entered college with an individualized education program or learning disability, students who are receiving accommodations, such as time and one-half on test or tutors, and students whom the college determines are not fit to take classes more than half-time and work 20 hours a week. pursuant to federal law.
(J)Student who are participating in a program of career and technical education, as defined in Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2)To the extent practicable, community colleges and universities shall distribute the standardized state or federal workstudy verification form to all students approved for state or federal workstudy.
(3)For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be anticipating participation in workstudy if the student can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be anticipating participation in workstudy until the student receives notice from the institution of higher education that the student has been denied participation in workstudy.
(d)(1)This section does not require a county human services agency to offer a particular component, support services, or workers compensation to a student found eligible for an exemption pursuant to this section.
(2)This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.
(3)Except for the information required to complete the form specified in paragraph (2) of subdivision (c), this section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.
(e)For the purposes of this section, student means an individual who is enrolled at least half-time in an institution of higher education. A person shall be determined to be enrolled in an institution of higher education if the individual is enrolled, as an undergraduate or graduate student, in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
SEC. 4.Section 18901.14 is added to the Welfare and Institutions Code, to read:18901.14.(a)The department shall convene a workgroup comprised of the University of California, the California State University, the California Community Colleges, the Student Aid Commission, representatives from student organizations from all three sectors of public postsecondary educational institutions, the County Welfare Directors Association of California, and representatives from CalFresh eligibility workers and CalFresh advocates to identify the steps necessary to establish a CalFresh application submission process that improves access to realtime information about applications submitted, subject to receipt of a waiver of information, and that accommodates the large influx of CalFresh applications during the beginning of a school term in counties where large public postsecondary educational institutions with 10,000 students or more are located. The workgroup may be convened as part of an existing workgroup that is comprised of the same members specified in this subdivision.
(b)(1)The On or before April 1, 2023, the department shall submit a report to the Legislature on the necessary steps identified pursuant to subdivision (a) and any estimates of costs associated with implementing them. The report shall include an analysis of using regional partnerships between counties and shall only include recommendations that are compliant with Section 10503 of the Welfare and Institutions Code.
(2)The report shall also include an analysis of existing data collected from the Statewide Automated Welfare System (SAWS) that helps to identify patterns of applications that need to be understood in order to improve participation rates for eligible college students and an analysis of additional data collection capacity, and associated funding, needed in order to monitor and improve CalFresh access to college students.(c)The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
This act shall be known, and may be cited, as the CalFresh for College Students Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Research suggests that one in four college students experience hunger.
(b)College hunger is linked to harmful consequences for health and academic success.
(c)Furthermore, college students face a number of barriers in accessing or receiving food assistance, including stigma, lack of information on available resources, ineligibility for assistance, and barriers to seeking assistance, even for those who are eligible.
(d)Barriers to the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, are especially apparent in the low participation rates in CalFresh as a result of federal law.
(e)According to one large study in California, only 20 percent of eligible students received CalFresh food benefits.
(f)Students can receive relevant recommendations for other benefits and services they may qualify for, including health care subsidies, broadband support, and other food assistance, in order to connect them with support to lower additional economic barriers to postsecondary education completion.
(g)In 2014, California became the first state in the nation to pass a bill to address college student hunger with the passage of Assembly Bill 1930, which created a workgroup to address the issue.
(h)Since the enactment of Assembly Bill 1930, several of the workgroups recommendations have been enacted by subregulatory guidance.
(i)This act will codify the Assembly Bill 1930 guidance, help to document the progress in improving participation among CalFresh eligible college students, and lay the path for next steps.
SEC. 3.Section 18901.11 of the Welfare and Institutions Code is amended to read:18901.11.(a)For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.
(b)(1)The department shall maintain, regularly update, and post on its internet website the list of state- or locally-funded programs specified in Section 18901.12 and identified by the workgroup established pursuant to Chapter 729 of the Statutes of 2014 to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations, which provides that a student is eligible for an exemption from the CalFresh student eligibility rule if the students attendance can be described as participating in a program to increase the students employability.
(2)Upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, the department shall include adult education and career technical education programs in the list of programs that are deemed to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations.
(c)(1)The department shall issue, maintain, and post on its internet website instructions for county human services agencies that maximize CalFresh eligibility and minimize the burden for applicants and recipients to verify exemptions to the CalFresh student eligibility rule for students. The instructions provided shall include specific guidance for processing applications, reporting, and recertification for all of the following:
(A)Students who participate in at least one of the programs identified pursuant to subdivision (b) because they offer a program component that is equivalent to a CalFresh E&T program component.
(B)Students who are approved and anticipate participating in state or federal workstudy.
(C)Students who meet the qualification for an exemption set forth in Section 69519.3 of the Education Code, or are receiving tribal Temporary Aid to Needy Families (tribal TANF) or CalWORKs benefits.
(D)Students who are employed 20 hours a week or more on a reasonably anticipated monthly average, with instructions for allowing self-certification of employment and number of hours worked.
(E)Students with children, as described in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(F)Students enrolled in a CalFresh E&T program.
(G)Students who do not intend to register during the next normal school term.
(H)Students enrolled in a Workforce Innovation and Opportunity Act (WIOA) funded program, Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act, or programs under Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) .
(I)Students who are physically or mentally unfit, including, but not limited to, students who are receiving services or supports through the Department of Rehabilitation, the Donahoe Higher Educational Act (Part 40 (commencing with Section 66000) of Division 5 of Title 3 of the Education Code), or the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.), students who are without safe and stable housing, students who have entered college with an individualized education program or learning disability, students who are receiving accommodations, such as time and one-half on test or tutors, and students whom the college determines are not fit to take classes more than half-time and work 20 hours a week.
(J)Student who are participating in a program of career and technical education, as defined in Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2)To the extent practicable, community colleges and universities shall distribute the standardized state or federal workstudy verification form to all students approved for state or federal workstudy.
(3)For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be anticipating participation in workstudy if the student can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be anticipating participation in workstudy until the student receives notice from the institution of higher education that the student has been denied participation in workstudy.
(d)(1)This section does not require a county human services agency to offer a particular component, support services, or workers compensation to a student found eligible for an exemption pursuant to this section.
(2)This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.
(3)Except for the information required to complete the form specified in paragraph (2) of subdivision (c), this section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.
(e)For the purposes of this section, student means an individual who is enrolled at least half-time in an institution of higher education. A person shall be determined to be enrolled in an institution of higher education if the individual is enrolled, as an undergraduate or graduate student, in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
SEC. 4.Section 18901.13 is added to the Welfare and Institutions Code, to read:18901.13.(a)The department, in consultation with the University of California, the California State University, the California Community Colleges, and the Student Aid Commission, shall issue and post on its internet website a report with the estimated number of public postsecondary students, disaggregated between undergraduate students and graduate students, who are eligible to receive CalFresh benefits and the number of those students who are receiving those benefits, broken down by county and by campus. This report shall be issued monthly.(b)(1)On or before March 1, 2023, the department shall submit a report to the Department of Finance and relevant policy and fiscal committees of the Legislature that includes all of the following information:(1)The estimated cost to the state and counties to implement the student eligibility rule described in Section 2015(e) of Title 7 of the United States Code during the 2021-22 Fiscal Year.(2)The estimated additional funds needed to adequately and timely enroll and provide benefits to all public postsecondary students currently eligible for CalFresh.(3)The estimated savings to the state and counties if the student eligibility rule described in Section 2015(e) of Title 7 of the United States Code were to be amended by the Congress of the United States to treat attendance at an institution of higher education the same as work for the purpose of determining eligibility to participate in the Supplemental Nutrition Assistance Program (SNAP).SEC. 5.SEC. 4.Section 18901.14 is added to the Welfare and Institutions Code, to read:18901.14.(a)The department shall convene a workgroup comprised of the University of California, the California State University, the California Community Colleges, the Student Aid Commission, representatives from student organizations from all three sectors of public postsecondary educational institutions, the County Welfare Directors Association of California, and representatives from CalFresh eligibility workers and CalFresh advocates to identify the steps necessary to establish a CalFresh application submission process that improves access to realtime information about applications submitted, subject to receipt of a waiver of information, and that accommodates the large influx of CalFresh applications during the beginning of a school term in counties where large public postsecondary educational institutions with 10,000 students or more are located.
(b)(1)The department shall submit a report to the Legislature on the necessary steps identified pursuant to subdivision (a) and any estimates of costs associated with implementing them. The report shall include an analysis of using regional partnerships between counties and shall only include recommendations that are compliant with Section 10503 of the Welfare and Institutions Code.
(2)The report shall also include an analysis of existing data collected from the Statewide Automated Welfare System (SAWS) that helps to identify patterns of applications that need to be understood in order to improve participation rates for eligible college students and an analysis of additional data collection capacity, and associated funding, needed in order to monitor and improve CalFresh access to college students.
(c)The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
REVISIONS: HeadingLine 2.This act shall be known, and may be cited, as the CalFresh for College Students Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Research suggests that one in four college students experience hunger.
(b)College hunger is linked to harmful consequences for health and academic success.
(c)Furthermore, college students face a number of barriers in accessing or receiving food assistance, including stigma, lack of information on available resources, ineligibility for assistance, and barriers to seeking assistance, even for those who are eligible.
(d)Barriers to the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, are especially apparent in the low participation rates in CalFresh as a result of federal law.
(e)According to one large study in California, only 20 percent of eligible students received CalFresh food benefits.
(f)Students can receive relevant recommendations for other benefits and services they may qualify for, including health care subsidies, broadband support, and other food assistance, in order to connect them with support to lower additional economic barriers to postsecondary education completion.
(g)In 2014, California became the first state in the nation to pass a bill to address college student hunger with the passage of Assembly Bill 1930, which created a workgroup to address the issue.
(h)Since the enactment of Assembly Bill 1930, several of the workgroups recommendations have been enacted by subregulatory guidance.
(i)This act will codify the Assembly Bill 1930 guidance, help to document the progress in improving participation among CalFresh eligible college students, and lay the path for next steps.
SEC. 3.Section 18901.11 of the Welfare and Institutions Code is amended to read:18901.11.(a)For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.
(b)The department shall, in consultation with representatives of the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, University of California Chancellors offices, the California Workforce Investment Board, county human services agencies, and advocates for students and clients, establish a protocol to identify and verify all potential exemptions to the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations, and to identify and verify participation in educational programs, including, but not necessarily limited to, self-initiated placements, that would exempt a student from the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations. To the extent possible, this consultation shall take place through existing workgroups convened by the department. (c)(b)(1)The department shall maintain and regularly update maintain, regularly update, and post on its internet website the list of state- or locally-funded programs specified in Section 18901.12 and identified by the workgroup established pursuant to subdivision (b) because they Chapter 729 of the Statutes of 2014 to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations, which provides that a student is eligible for an exemption from the CalFresh programs student eligibility rules rule if the students attendance can be described as part of participating in a program to increase the students employability.
(2)Upon an appropriation by the Legislature for this purpose, and to the extent permitted by federal law, the department shall include adult education and career technical education programs in the list of programs that are deemed to meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations.
(d)(c)(1)The department shall issue and maintain issue, maintain, and post on its internet website instructions for county human services agencies that maximize CalFresh eligibility and minimize the burden for applicants and recipients to verify exemptions to the CalFresh student eligibility rules for students rule for students. The instructions provided shall include specific guidance for processing applications, reporting, and recertification for all of the following:
(A)Students who participate in at least one of the programs identified pursuant to subdivision (c), students (b) because they offer a program component that is equivalent to a CalFresh E&T program component.
(B)Students who are approved and anticipate participating in state or federal workstudy, or students workstudy.
(C)Students who meet one of the qualifications for exemptions the qualification for an exemption set forth in Section 69519.3 of the Education Code. Code, or are receiving tribal Temporary Aid to Needy Families (tribal TANF) or CalWORKs benefits.
(D)Students who are employed 20 hours a week or more on a reasonably anticipated monthly average, with instructions for allowing self-certification of employment and number of hours worked.
(E)Students with children, as described in Section 273.5(b) of Title 7 of the Code of Federal Regulations.
(F)Students enrolled in a CalFresh E&T program.
(G)Students who do not intend to register during the next normal school term.
(H)Students enrolled in a Workforce Innovation and Opportunity Act (WIOA) funded program, Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act, or programs under Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) .
(I)Students who are physically or mentally unfit, including, but not limited to, students who are receiving services or supports through the Department of Rehabilitation, the Donahoe Higher Educational Act (Part 40 (commencing with Section 66000) of Division 5 of Title 3 of the Education Code), or the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.), students who are without safe and stable housing, students who have entered college with an individualized education program or learning disability, students who are receiving accommodations, such as time and one-half on test or tutors, and students whom the college determines are not fit to take classes more than half-time and work 20 hours a week.
(J)Student who are participating in a program of career and technical education, as defined in Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2)The department shall, on or before January 1, 2021, and in consultation with representatives of the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, University of California Chancellors offices, and county human services agencies, create a standardized form to be used by community colleges and universities to verify that a student is approved and anticipating participation in state or federal workstudy for the purpose of assisting county human services agencies in determining the students potential eligibility for CalFresh. To the extent practicable, community colleges and universities shall distribute the standardized state or federal workstudy verification form to all students approved for state or federal workstudy.
(3)For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be anticipating participation in workstudy if the student can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be anticipating participation in workstudy until the student receives notice from the institution of higher education that the student has been denied participation in workstudy.
(e)(d)(1)This section does not require a county human services agency to offer a particular component, support services, or workers compensation to a student found eligible for an exemption pursuant to this section.
(2)This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.
(3)Except for the information required to complete the form specified in paragraph (2) of subdivision (d), (c), this section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.
(e)For the purposes of this section, student means an individual who is enrolled at least half-time in an institution of higher education. A person shall be determined to be enrolled in an institution of higher education if the individual is enrolled, as an undergraduate or graduate student, in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
SEC. 4.Section 18901.13 is added to the Welfare and Institutions Code, to read:18901.13.(a)The department, in consultation with the University of California, the California State University, the California Community Colleges, and the Student Aid Commission, shall issue and post on its internet website a report with the estimated number of public postsecondary students, disaggregated between undergraduate students and graduate students, who are eligible to receive CalFresh benefits and the number of those students who are receiving those benefits, broken down by county and by campus. This report shall be issued monthly.
(b)(1)On or before March 1, 2023, the department shall submit a report to the Department of Finance and relevant policy and fiscal committees of the Legislature that includes all of the following information:
(1)The estimated cost to the state and counties to implement the student eligibility rule described in Section 2015(e) of Title 7 of the United States Code during the 2021-22 Fiscal Year.
(2)The estimated additional funds needed to adequately and timely enroll and provide benefits to all public postsecondary students currently eligible for CalFresh.
(3)The estimated savings to the state and counties if the student eligibility rule described in Section 2015(e) of Title 7 of the United States Code were to be amended by the Congress of the United States to treat attendance at an institution of higher education the same as work for the purpose of determining eligibility to participate in the Supplemental Nutrition Assistance Program (SNAP).
SEC. 5.Section 18901.14 is added to the Welfare and Institutions Code, to read:18901.14.(a)The department shall convene a workgroup comprised of the University of California, the California State University, the California Community Colleges, the Student Aid Commission, representatives from student organizations from all three sectors of public postsecondary educational institutions, the County Welfare Directors Association of California, and representatives from CalFresh eligibility workers and CalFresh advocates to identify the steps necessary to establish a CalFresh application submission process that improves access to realtime information about applications submitted, subject to receipt of a waiver of information, and that accommodates the large influx of CalFresh applications during the beginning of a school term in counties where large public postsecondary educational institutions with 10,000 students or more are located.
(b)The department shall submit a report to the Legislature on the necessary steps identified pursuant to subdivision (a) and any estimates of costs associated with implementing them. The report shall include an analysis of using regional partnerships between counties and shall only include recommendations that are compliant with Section 10503 of the Welfare and Institutions Code.
(c)The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.Section 602 of the Welfare and Institutions Code is amended to read:602.(a)Except as provided in Section 707, any minor who is between 12 years of age and 17 years of age, inclusive, when the minor 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 the minor to be a ward of the court.(b)Any minor who is under 12 years of age when the minor is alleged to have committed any of the following offenses is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court:(1)Murder.(2)Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.(3)Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.(4)Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.(5)Sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when the minor was 16 years of age or older, of any offense listed in subdivision (b) or any other felony criminal statute, the district attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the minor. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.(2)In any case in which an individual is alleged to be a person described in Section 602 by reason of the violation, when the minor was 14 or 15 years of age, of any offense listed in subdivision (b), but was not apprehended prior to the end of juvenile court jurisdiction, the district attorney or other appropriate prosecuting officer may make a motion to transfer the individual from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the individual. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.(3)Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor should be transferred to a court of criminal jurisdiction. In making its decision, the court shall consider the criteria specified in subparagraphs (A) to (E), inclusive. If the court orders a transfer of jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the transfer hearing, and a plea that has been entered already shall not constitute evidence at the hearing.(A)(i)The degree of criminal sophistication exhibited by the minor.(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.(C)(i)The minors previous delinquent history.(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.(b)This subdivision is applicable to any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:(1)Murder.(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.(3)Robbery.(4)Rape with force, violence, or threat of great bodily harm.(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.(9)Kidnapping for ransom.(10)Kidnapping for purposes of robbery.(11)Kidnapping with bodily harm.(12)Attempted murder.(13)Assault with a firearm or destructive device.(14)Assault by any means of force likely to produce great bodily injury.(15)Discharge of a firearm into an inhabited or occupied building.(16)An offense described in Section 1203.09 of the Penal Code.(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.(19)A felony offense described in Section 136.1 or 137 of the Penal Code.(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.(23)Torture as described in Sections 206 and 206.1 of the Penal Code.(24)Aggravated mayhem, as described in Section 205 of the Penal Code.(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.(27)Kidnapping as punishable in Section 209.5 of the Penal Code.(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.(29)The offense described in Section 18745 of the Penal Code.(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.(a)Except as provided in Section 707, any minor who is between 12 years of age and 17 years of age, inclusive, when he or she the minor 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 the minor to be a ward of the court.
(b)Any minor who is under 12 years of age when he or she the minor is alleged to have committed any of the following offenses is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court:
(1)Murder.
(2)Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(3)Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(4)Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(5)Sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
SEC. 2.Section 707 of the Welfare and Institutions Code is amended to read:707.(a)(1)In any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when he or she the minor was 16 years of age or older, of any offense listed in subdivision (b) or any other felony criminal statute, the district attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the minor. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.
(2)In any case in which an individual is alleged to be a person described in Section 602 by reason of the violation, when he or she the minor was 14 or 15 years of age, of any offense listed in subdivision (b), but was not apprehended prior to the end of juvenile court jurisdiction, the district attorney or other appropriate prosecuting officer may make a motion to transfer the individual from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the individual. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2.
(3)Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor should be transferred to a court of criminal jurisdiction. In making its decision, the court shall consider the criteria specified in subparagraphs (A) to (E), inclusive. If the court orders a transfer of jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the transfer hearing, and a plea that has been entered already shall not constitute evidence at the hearing.
(A)(i)The degree of criminal sophistication exhibited by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense, the minors impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of familial, adult, or peer pressure on the minors actions, and the effect of the minors family and community environment and childhood trauma on the minors criminal sophistication.
(B)(i)Whether the minor can be rehabilitated prior to the expiration of the juvenile courts jurisdiction.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the minors potential to grow and mature.
(C)(i)The minors previous delinquent history.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the seriousness of the minors previous delinquent history and the effect of the minors family and community environment and childhood trauma on the minors previous delinquent behavior.
(D)(i)Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minors needs.
(E)(i)The circumstances and gravity of the offense alleged in the petition to have been committed by the minor.
(ii)When evaluating the criterion specified in clause (i), the juvenile court may give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the persons degree of involvement in the crime, the level of harm actually caused by the person, and the persons mental and emotional development.
(b)This subdivision is applicable to any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses:
(1)Murder.
(2)Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3)Robbery.
(4)Rape with force, violence, or threat of great bodily harm.
(5)Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6)A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7)Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8)An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9)Kidnapping for ransom.
(10)Kidnapping for purposes of robbery.
(11)Kidnapping with bodily harm.
(12)Attempted murder.
(13)Assault with a firearm or destructive device.
(14)Assault by any means of force likely to produce great bodily injury.
(15)Discharge of a firearm into an inhabited or occupied building.
(16)An offense described in Section 1203.09 of the Penal Code.
(17)An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18)A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.
(19)A felony offense described in Section 136.1 or 137 of the Penal Code.
(20)Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21)A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22)Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23)Torture as described in Sections 206 and 206.1 of the Penal Code.
(24)Aggravated mayhem, as described in Section 205 of the Penal Code.
(25)Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26)Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code.
(27)Kidnapping as punishable in Section 209.5 of the Penal Code.
(28)The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29)The offense described in Section 18745 of the Penal Code.
(30)Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
|
Date
|
Status
|
|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State. Chapter 874, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 23, 2022 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5022.) Ordered to engrossing and enrolling. |
| Aug 18, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2022 | Read third time. Passed. (Ayes 75. Noes 0. Page 5943.) Ordered to the Senate. |
| Aug 16, 2022 | Read second time. Ordered to third reading. |
| Aug 15, 2022 | Read second time and amended. Ordered to second reading. |
| Aug 11, 2022 | From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11). |
| Aug 3, 2022 | August 3 set for first hearing. Placed on suspense file. |
| Jun 29, 2022 | Coauthors revised. |
| Jun 14, 2022 | June 14 hearing postponed by committee. |
| May 5, 2022 | Referred to Com. on HUM. S. |
| Jan 26, 2022 | In Assembly. Read first time. Held at Desk. |
| Jan 26, 2022 | Read third time. Passed. (Ayes 37. Noes 0. Page 2822.) Ordered to the Assembly. |
| Jan 24, 2022 | Read second time. Ordered to third reading. |
| Jan 20, 2022 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 2795.) (January 20). |
| Jan 19, 2022 | Set for hearing January 20. |
| Jan 18, 2022 | January 18 hearing: Placed on APPR suspense file. |
| Jan 7, 2022 | Set for hearing January 18. |
| Jan 5, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (January 5). Re-referred to Com. on APPR. |
| Jan 3, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Dec 28, 2021 | Set for hearing January 5 in HUMAN S. pending receipt. |
| Mar 3, 2021 | Referred to Com. on RLS. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 22, 2021 | From printer. May be acted upon on or after March 24. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2022 | Unfinished Business SB641 Skinner et al. Concurrence | Senate Floor |
Passed |
|
| Aug 18, 2022 | SB 641 Skinner Senate Third Reading By Medina | Assembly Floor |
Passed |
|
| Jan 26, 2022 | Senate 3rd Reading SB641 Skinner | Senate Floor |
Passed |
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Positions by individuals are not included.
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