AB 1376: Wards: probation.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-10-10
Current Status:
Passed
(2025-10-10: Chaptered by Secretary of State - Chapter 575, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill limits how long a youth who is made a ward of the juvenile court and put on probation to 12 months from the most recent disposition hearing, unless a court holds a noticed hearing and finds by a preponderance of the evidence that more time is in the youth’s and the public’s best interest. It requires the probation department to submit a report when asking for an extension, lets the youth and prosecutor present evidence, mandates follow‑up hearings at least every six months if probation is extended, and requires probation terms to be individually tailored, developmentally appropriate, and reasonable; the limit does not apply to certain custodial commitments.
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Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 12 months from the most recent disposition hearing the period of time a ward may remain on probation, except that a court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold noticed hearings for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would specify that all of these provisions do not apply to specified wards, including a ward who is serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 12 months from the most recent disposition hearing the period of time a ward may remain on probation, except that a court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold noticed hearings for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would specify that all of these provisions do not apply to specified wards, including a ward who is serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 12 months from the most recent disposition hearing the period of time a ward may remain on probation, except that a court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold noticed hearings for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would specify that all of these provisions do not apply to specified wards, including a ward who is committed to serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 9 12 months from the disposition hearing the period of time a ward may remain on probation, except that a court may extend the probation period for a period not to exceed increments of 6 months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold a noticed hearing hearings for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would specify that all of these provisions do not apply to a ward who is committed to a juvenile home, ranch, camp, or forestry camp. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 9 months the period of time a ward may remain on probation, except that a court may extend the probation period for a period not to exceed increments of 6 months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold a noticed hearing for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 6 9 months the period of time a ward may remain on probation, except that a court may extend the probation period for a period not to exceed increments of 6 months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold a noticed hearing for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minors parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 6 months the period of time a ward may remain on probation, except that a court may extend the probation period for a period not to exceed increments of 6 months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing. The bill would require the court to provide the ward and the prosecuting attorney with the opportunity to present relevant evidence, as specified. The bill would require the court to hold a noticed hearing for the ward not less frequently than every 6 months for the remainder of the wardship period if the court extends probation. The bill would additionally require, among other things, that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Existing law requires the court, for specified offenses, to order certain actions as a condition of a minors probation, including attending counseling, repairing property, repaying the cost of apprehension to the city or county, and performing community service.
This bill would, in specified instances, no longer require the court to order certain actions as a condition of a minors probation.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety. Furthermore, longer probation terms are no more effective than shorter ones in achieving positive outcomes and increase the risk of revocation and deeper system involvement.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
(7)Counties should apply best practices to minimize the amount of time youth spend on probation by creating procedures to limit probation to the shortest time necessary to achieve individualized rehabilitative goals, including setting progress reviews and probation termination hearings less than a year after disposition.
(8)Counties that are currently employing best practices by holding probation reviews and considering termination of probation at six months should continue such practices and assist other counties by setting a standard of excellence guided by youth development models.
(9)Counties should minimize delays in case processing that could extend the amount of time youth spend on probation.
(10)Counties should give youth pathways to shorten their time on probation and provide as many opportunities as possible for them to exercise that agency.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing.
(b)A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(4)If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary.
(c)If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period.
(d)This section does not preclude termination of a wards probation before the end of a twelve-month period.
(e)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(f)This section does not apply to any ward whom the court ordered the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer pursuant to paragraph (3) of subdivision (a) of Section 727 for placement except that the requirement to comply with the provisions of Section 607.2 shall not be the sole basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(g)This section does not apply to a ward while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730.
(h)This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 or to any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing described in subdivision (e) of Section 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minors estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minors parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representatives spouse has given consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety. Furthermore, longer probation terms are no more effective than shorter ones in achieving positive outcomes and increase the risk of revocation and deeper system involvement.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
(7)Counties should apply best practices to minimize the amount of time youth spend on probation by creating procedures to limit probation to the shortest time necessary to achieve individualized rehabilitative goals, including setting progress reviews and probation termination hearings less than a year after disposition.
(8)Counties that are currently employing best practices by holding probation reviews and considering termination of probation at six months should continue such practices and assist other counties by setting a standard of excellence guided by youth development models.
(9)Counties should minimize delays in case processing that could extend the amount of time youth spend on probation.
(10)Counties should give youth pathways to shorten their time on probation and provide as many opportunities as possible for them to exercise that agency.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing.
(b)A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(4)If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary.
(c)If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period.
(d)This section does not preclude termination of a wards probation before the end of a twelve-month period.
(e)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(f)This section does not apply to any ward whom the court ordered the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer pursuant to paragraph (3) of subdivision (a) of Section 727 for placement except that the requirement to comply with the provisions of Section 607.2 shall not be the sole basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(g)This section does not apply to a ward while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730.
(h)This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 or to any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing described in subdivision (e) of Section 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minors estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minors parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representatives spouse has given consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety. Furthermore, longer probation terms are no more effective than shorter ones in achieving positive outcomes and increase the risk of revocation and deeper system involvement.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
(7)Counties should apply best practices to minimize the amount of time youth spend on probation by creating procedures to limit probation to the shortest time necessary to achieve individualized rehabilitative goals, including setting progress reviews and probation termination hearings less than a year after disposition.
(8)Counties that are currently employing best practices by holding probation reviews and considering termination of probation at six months should continue such practices and assist other counties by setting a standard of excellence guided by youth development models.
(9)Counties should minimize delays in case processing that could extend the amount of time youth spend on probation.
(10)Counties should give youth pathways to shorten their time on probation and provide as many opportunities as possible for them to exercise that agency.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing.
(b)A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(4)If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary.
(c)If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period.
(d)This section does not preclude termination of a wards probation before the end of a twelve-month period.
(e)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(f)The This section does not apply to any ward whom the court ordered the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer pursuant to paragraph (3) of subdivision (a) of Section 727 for placement except that the requirement to comply with the provisions of Section 607.2 shall not be a the sole basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(g)This section does not apply to a ward who is committed to a juvenile home, ranch, camp, or forestry camp. while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730.
(h)This section does not apply to any ward who is discharged or transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875. 875 or to any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing described in subdivision (e) of Section 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minors estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minors parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representatives spouse has given consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds nine months, 12 months from the disposition hearing, except as specified in subdivision (b).
(b)A court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(c)If, pursuant to subdivision (b), If the court extends probation, probation at the noticed hearing, the court shall schedule and hold a subsequent noticed hearing hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period.
(d) This section does not preclude termination of a wards probation before the end of a twelve-month period.
(d)(e)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(e)(f)The requirement to comply with the provisions of Section 607.2 shall not be a basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(f)This section does not preclude termination of a wards probation before the end of a nine-month period.(g)This section does not apply to a ward who is committed to a juvenile home, ranch, camp, or forestry camp.
(g)(h)This section does not apply to any ward who is discharged or transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing described in subdivision (e) of Section 875. 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minors estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minors parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representatives spouse has given consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds nine months, except as specified in subdivision (b).
(b)A court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards and the publics best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(c)If, pursuant to subdivision (b), the court extends probation, the court shall schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
(d)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(e)The requirement to comply with the provisions of Section 607.2 shall not be a basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(f)This section does not preclude termination of a wards probation before the end of a nine-month period.
(g)This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing described in subdivision (e) of Section 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minors estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minors parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representatives spouse has given consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds six nine months, except as specified in subdivision (b).
(b)A court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation beyond the six-month period, probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(c)If, pursuant to subdivision (b), the court extends probation, the court shall schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
(d)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(e)The requirement to comply with the provisions of Section 607.2 shall not be a basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(f)This section does not preclude termination of a wards probation before the end of a six-month nine-month period.
(g)This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing described in subdivision (e) of Section 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minors estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minors estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minors parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representatives spouse has given consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
(a)Evidence demonstrates that community safety is best achieved through provision of individualized, comprehensive youth development and health-based approaches to address youth challenges and behaviors, keeping youth in families and communities whenever possible, and prioritizing family connection and reunification.
(b)Research shows that imposing lengthy periods of probation on youth compounds trauma, exacerbates mental health problems, interferes with healthy development, increases recidivism, and is counterproductive as a means of achieving public health and safety.
(c)Data shows that youth of color, tribal youth, and youth in the child welfare system are overrepresented at every decisionmaking point in the justice system and bear the brunt of the harms of system contact.
(d)It is the intent of the Legislature that all of the following apply:
(1)Counties use evidence-based and promising practices and programs that prioritize non-law enforcement, community-based, and individualized interventions that promote youth development, build on youths strengths, are culturally rooted, and address trauma.
(2)Interventions be governed by a public health focus and not a correctional model.
(3)The utilization of state intervention and court-ordered supervision occurs in rare circumstances and only when all forms of community-based, developmentally appropriate interventions have been exhausted.
(4)Youth that come into contact with the delinquency system should not be denied any available protections and benefits under the foster care system and other youth-serving systems.
(5)The justice system must promote equity and eliminate systemic biases and structural barriers that disparately impact youth and families of color, those impacted by poverty, and other marginalized groups.
(6)In the limited instances in which probation is used, engagement should be as short and minimally disruptive as possible, aiming to connect youth and their families with resources in their community that can provide consistency and support for the youth without the harms of the justice system.
SEC. 2.Section 602.05 is added to the Welfare and Institutions Code, to read:602.05.(a)A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds six months, except as specified in subdivision (b).
(b)A court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the wards best interest, consistent with Section 202.
(1)At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2)The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
(3)In cases in which the court finds by a preponderance of the evidence a basis for extending probation beyond the six-month period, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(c)If, pursuant to subdivision (b), the court extends probation, the court shall schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
(d)Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.
(e)The requirement to comply with the provisions of Section 607.2 shall not be a basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.
(f)This section does not preclude termination of a wards probation before the end of a six-month period.
(g)This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing described in subdivision (e) of Section 875.
SEC. 3.Section 729 of the Welfare and Institutions Code is amended to read:729.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 4.Section 729.1 of the Welfare and Institutions Code is amended to read:729.1.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall may require the minor to wash, paint, repair or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service required authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and his or her the defendants parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), public transit vehicle means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 5.Section 729.2 of the Welfare and Institutions Code is amended to read:729.2.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that that the condition would be inappropriate, shall: may:
(a)Require the minor to attend a school program approved by the probation officer without absence.
(b)Require the parents or guardian of the minor to participate with the minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending.
(c)Require the minor to be at his or her the minors legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by his or her the minors parent or parents, legal guardian or other adult person having the legal care or custody of the minor.
SEC. 6.Section 729.6 of the Welfare and Institutions Code is amended to read:729.6.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court shall, may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling at the expense of the minors parents. The court shall take into consideration the ability of the minors parents consistent with Section 730.7 to pay, however, no minor shall be relieved of attending counseling because of the minors parents inability to pay for the counseling imposed by this section. counseling.
SEC. 7.Section 729.8 of the Welfare and Institutions Code is amended to read:729.8.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall may require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section.
(c)As used in this section, community service means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 8.Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 9.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)(1)When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A)Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs. restitution.
(B)Commit the ward to a sheltered-care facility.
(C)Order that the ward and the wards family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(D)Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction.
(2)A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b)When a ward described in subdivision (a) is placed under the supervision of the probation officer officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward including the requirement that the ward go to work and earn money for the support of the wards dependents or to effect reparation and in either case that the ward keep an account of the wards earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. ward, including conditions of probation that shall meet all of the following requirements:
(1)The conditions are individually tailored, developmentally appropriate, and reasonable.
(2)The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions.
(3)The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(e)This section shall become operative July 1, 2021.
SEC. 10.Section 742.16 of the Welfare and Institutions Code is amended to read:742.16.(a)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, shall may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minors cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court shall may order the minor or the minors estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, to only if the extent the court determines that the minor or the minors estate have has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court shall may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate.
(b)If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court shall may order the minor or the minors estate to pay those costs to the probation officer of the county to only if the extent the court determines that the minor or the minors estate have has the ability to do so.
(c)If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court shall may order the minor or the minors estate to pay those costs to the probation officer of the county to only if the extent the court determines that the minor or the minors estate has the ability to do so.
(d)If the court determines that the minor or the minors estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minors parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minors parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court shall may order the minors parent or parents to pay those costs and damages to the probation officer of the county to only if the extent the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time he or she the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parents or parents ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income.
(e)The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(f)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by his or her a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present his or her their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of his or her their spouse if the representatives spouse has given his or her consent and the court determines that the interest of justice would be served thereby.
(g)If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of his or her or their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense.
(h)At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602.
(i)If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c).
(j)Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the courts jurisdiction over the minor.
(k)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to his or her the persons ability to pay the judgment.
(l)For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court.
(m)Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(n)The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and his or her the minors parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor.
|
Date
|
Status
|
|---|---|
| Oct 10, 2025 | Chaptered by Secretary of State - Chapter 575, Statutes of 2025. |
| Oct 10, 2025 | Approved by the Governor. |
| Sep 24, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 13, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 21. Page 3475.). |
| Sep 13, 2025 | Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.) |
| Sep 12, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 10. Page 2977.). |
| Sep 8, 2025 | Read second time. Ordered to third reading. |
| Sep 5, 2025 | Read third time and amended. Ordered to second reading. |
| Sep 2, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | Read second time and amended. Ordered returned to second reading. |
| Aug 29, 2025 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29). |
| Jul 7, 2025 | In committee: Referred to APPR. suspense file. |
| Jun 24, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 24). Re-referred to Com. on APPR. |
| Jun 11, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 4, 2025 | Referred to Coms. on PUB. S. and APPR. |
| May 28, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 18. Page 1738.) |
| May 5, 2025 | Read second time. Ordered to third reading. |
| May 1, 2025 | Read second time and amended. Ordered returned to second reading. |
| Apr 30, 2025 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (April 29). |
| Apr 22, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 17, 2025 | Referred to Com. on PUB. S. |
| Feb 24, 2025 | Read first time. |
| Feb 22, 2025 | From printer. May be heard in committee March 24. |
| Feb 21, 2025 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2025 | AB 1376 Bonta Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2025 | Assembly 3rd Reading AB1376 Bonta et al. By Arreguín | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 27, 2025 | AB 1376 Bonta Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 29, 2025 | Do pass as amended. | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 1 individual | ** Support | |
| Aclu California Action | ** Support | |
| Alianza for Opportunity | ** Support | |
| All of Us or None | ** Support | |
| Alliance for Boys and Men of Color | ** Support | |
| Alum Rock Counseling Center | ** Support | |
| Anti Recidivism Coalition | ** Support | |
| Arts for Healing and Justice Network | ** Support | |
| Asian Americans Advancing Justice Southern California | ** Support | |
| Association Of Orange County Deputy Sheriffs | ** Against | |
| Back to the Start | ** Support | |
| Bargaining Unit 702- SEIU 721 Joint Council | ** Against | |
| Black Parallel School board | ** Support | |
| Black Women For Wellness Action Project | ** Support | |
| Brown Issues | ** Support | |
| Building Healthy Communities Monterey County | ** Support | |
| California Alliance for Youth and Community Justice | ** Support | |
| California Alliance Of Child And Family Services | ** Support | |
| California Attorneys For Criminal Justice | ** Support | |
| California Coalition For Youth | ** Support | |
| California Coalition for Youth California Court Appointed Special Advocate Association | ** Support | |
| California Court Appointed Special Advocate Association | ** Support | |
| California District Attorneys Association | ** Against | |
| California League of United Latin American Citizens | ** Support | |
| California Native Vote Project | ** Support | |
| California Police Chiefs Association | ** Against | |
| California Public Defenders Association | ** Support | |
| California Youth Defender Center | ** Support | |
| Californians for Safety and Justice | ** Support | |
| Californians United for a Responsible Budget | ** Support | |
| Cancel the Contract | ** Support | |
| Center for Employment Opportunities | ** Support | |
| Center on Juvenile and Criminal Justice | ** Support | |
| Ceres Policy Research | ** Support | |
| Chief Probation Officers Of California | ** Against | |
| Children Now | ** Support | |
| Childrens Defense Fund-California | ** Support | |
| Coalition for Humane Immigrant Rights | ** Support | |
| Communities United for Restorative Youth Justice | ** Support | |
| Community Interventions | ** Support | |
| Community Works | ** Support | |
| Congregations Organized for Prophetic Engagement | ** Support | |
| Conxion To Community | ** Support | |
| County Of Kern | ** Against | |
| Courage California | ** Support | |
| Debt Free Justice California | ** Support | |
| Disability Rights California | ** Support | |
| Drug Policy Alliance | ** Support | |
| East Bay Community Law Center | ** Support | |
| Ella Baker Center For Human Rights | ** Support | |
| Empowering Women Impacted by Incarceration | ** Support | |
| Fair Chance Project | ** Support | |
| Freedom 4 Youth | ** Support | |
| Fresh Lifelines for Youth | ** Support | |
| Grace Institute - End Child Poverty in Ca | ** Support | |
| Hoops 4 Justice | ** Support | |
| Hoops4Justice | ** Support | |
| Human Rights Watch | ** Support | |
| Immigrant Legal Resource Center | ** Support | |
| Indigenous Justice | ** Support | |
| Initiate Justice | ** Support | |
| Initiate Justice Action | ** Support | |
| Integral Community Solutions Institute | ** Support | |
| Justice Policy Institute | ** Support | |
| Justice2jobs Coalition | ** Support | |
| Khmer Girls in Action | ** Support | |
| LA County Public Defenders Union, Local 148 | ** Support | |
| LA Defensa | ** Support | |
| League Of Women Voters Of California | ** Support | |
| Legal Services for Prisoners with Children | ** Support | |
| Los Angeles County Probation Officers Union Afscme Local 685 | ** Against | |
| Messaging for Success | ** Support | |
| Mid-City Community Advocacy Network | ** Support | |
| Milpa Collective | ** Support | |
| NASW California | ** Support | |
| National Center for Youth Law | ** Support | |
| National Compadres Network | ** Support | |
| National Institute for Criminal Justice Reform | ** Support | |
| Peace and Justice Law Center | ** Support | |
| Peace Officers Research Association Of California | ** Against | |
| Pew Charitable Trusts' Public Safety Performance Project | ** Support | |
| Pillars of the Community | ** Support | |
| Riverside County District Attorney | ** Against | |
| Riverside Sheriffs Association | ** Against | |
| Rubicon Programs | ** Support | |
| RYSE Youth Center | ** Support | |
| Sacramento County Probation Association | ** Against | |
| Sacramento County Sheriff Jim Cooper | ** Against | |
| San Diego County Probation Officers Association | ** Against | |
| San Francisco Public Defender | ** Support | |
| San Joaquin County Probation Officers Association | ** Against | |
| San Mateo County Probation Detention Association | ** Against | |
| Santa Cruz Barrios Unidos | ** Support | |
| Secure Justice | ** Support | |
| Sigma Beta Xi Inc. | ** Support | |
| Silicon Valley De-Bug | ** Support | |
| Sister Warriors Freedom Coalition | ** Support | |
| Smart Justice California | ** Support | |
| Starting Over | ** Support | |
| Starting Over Strong | ** Support | |
| State Coalition Of Probation Organizations | ** Against | |
| The Collective for Liberatory Lawyering | ** Support | |
| The W. Haywood Burns Institute | ** Support | |
| Urban Peace Institute | ** Support | |
| Urban Peace Movement | ** Support | |
| VENTURA COUNTY PROFESSIONAL PEACE OFFICERS ASSOCIATION | ** Against | |
| Vera Institute Of Justice | ** Support | |
| western center on law & poverty | ** Support | |
| Youth Alliance | ** Support | |
| Youth Forward | ** Support | |
| Youth Justice Coalition | ** Support | |
| Youth Law Center | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1376
Author:(Bonta)
As Amended Ver:September 5, 2025
Majority vote
SUMMARY
This bill states that a ward may not remain on probation for a period that exceeds 12 months from the disposition hearing, except that a court may extend the probation period upon proof by a preponderance of the evidence that it is in the ward's and public's best interest to extend probation, as specified.
Senate Amendments
- Increase the presumptive maximum period of probation from nine months to 12 months from the most recent disposition hearing.
- Clarify that nothing in this bill precludes the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing.
- Clarify that the court shall also consider the public's best interest when determining whether to extend the period of probation.
- Provide that if the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that the continuance shall be for only as long as necessary.
- Exclude wards serving a custodial commitment to a juvenile home, ranch, camp or forestry camp from the presumptive maximum period of probation.
- Additionally exclude any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing as specified from the presumptive maximum period of probation.
- Include additional legislative intent.
COMMENTS
As passed by the Assembly: This bill stated that a ward may not remain on probation for a period that exceeds nine months, except that a court may extend the probation period upon proof by a preponderance of the evidence that it is in the ward's and public's best interest to extend probation beyond nine months.
Major Provisions
- Provided that a minor adjudged to be a ward of the court who is subject to a probation order, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds nine months, except as provided.
- Authorized a court to extend the probation period beyond nine months, for a period not to exceed six months, after a noticed hearing and upon proof by a preponderance of evidence that it is in the ward's and public's best interest, consistent with the purposes of juvenile courts.
- Required the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing.
- Stated that the court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
- Required, in cases in which the court finds by a preponderance of the evidence a basis for extending probation beyond the nine months, the court to state the reasons for the findings orally on the record.
- Required the court to also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
- Stated that if the court extends probation, the court shall schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
- Required the court to comply with exiting specified criteria for terminating jurisdiction over certain wards, however this requirement shall not be a basis for continuing an order imposing terms and conditions of probation.
- Specified that if the court retains jurisdiction over the ward, the ward shall not be subject to a petition removing a minor from the physical custody of a parent or guardian or a violation of probation.
- Stated that the bill's provisions on period of probation terms does not preclude termination of a ward's probation before the end of a nine month period.
- Stated that this bill's provisions period of probation terms do not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing.
- Amended existing law that requires the court to order specified conditions of probation for a minor adjudged a ward of the court and has not been removed from the custody of their parents or guardians, except of the court finds the condition to be inappropriate, to instead make the conditions permissive.
- Deleted specified conditions of probation regarding the requirement that the ward go to work and earn money for the support of the ward's dependents or to effect reparation and to keep an account of the ward's earning to report to probation and apply those earnings as directed by the court and instead requires conditions of probation to meet all of the following:
- The conditions are individually tailored, developmentally appropriate and reasonable;
- The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions; and,
- The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
- Removed the authority of the court to order the minor to pay a $250 fine or participate in an uncompensated work program in lieu of restitution.
- Contained Legislative findings and declarations.
According to the Author
"Probation is the most common court-ordered outcome for youth in California's juvenile courts, yet there are no clear standards for how long supervision should last. As a result, many young people—particularly youth of color—are placed on probation for indefinite periods, facing unrealistic and overly burdensome conditions that often do more harm than good. Instead of supporting rehabilitation, this approach traps young people in the legal system during critical years of development, increasing the risk of unnecessary detention and contributing to the school-to-prison pipeline.
"AB 1376 creates a fair and balanced framework by establishing a six-month probation timeline with a presumption for dismissal unless the court determines that an extension is in the youth's best interest. This change ensures that probation is focused on supporting growth and accountability, not prolonged punishment. This bill will also require that probation conditions are tailored, developmentally appropriate, and not excessive or punitive. By setting clear limits and expectations, AB 1376 keeps the focus where it belongs—on rehabilitation and helping young people learn from their mistakes so they can move forward with their lives."
Arguments in Support
According to National Center for Youth Law, a co-sponsor of this bill, "In contrast to a growing number of states, California has no statutory limitation on the length of time young people spend under court ordered, non-custodial "wardship" probation supervision—something that was changed in the California adult courts five years ago with AB 1950 (2020). While data are not typically published by California Probation Departments about how long youth spend on probation, a Public Records Act request in 2020 revealed that on average, youth of color are on probation far longer than white youth. Specifically, White youth were on probation for an average of less than 20 months, while Black youth were on probation for an average of nearly 21 months, Asian youth for more than 22 months, and Latino youth for more than 25 months.
"Long probation terms significantly increase the likelihood that youth will be charged with probation violations, sometimes resulting in incarceration, and often for minor noncriminal transgressions. This practice is in conflict with the principles of youth development and is consistent with research demonstrating that keeping youth on supervision for longer than six months does not likely result in public safety gains. Guided by this research, juvenile justice experts in the Pew Charitable Trusts' Public Safety Performance Project have recommended shorter periods of probation for youth in several states.
"Further, probation conditions all too often set youth up for failure. Research shows that youth often do not understand what is expected of them even right after they leave the courtroom at the time of disposition. The imposition of long lists of requirements, many of which bear little or no relationship to the behavior that brought the youth before the court, make it difficult for youth to succeed. Juvenile court probation orders in California can include anywhere from five to 56 conditions of probation on their standard form. Several counties have more than 30. Standard terms and conditions of probation for youth, regardless of level of need, are not always individually tailored and developmentally appropriate to provide adequate support. Evidence supports limiting probation terms and using the incentive of shortening probation terms as a reward for positive behavior showing that this can improve outcomes and reduce costs without compromising public safety.
"AB 1376 will address the problems with California's probation supervision of youth by:
- Creating a presumption that non-custodial wardship probation will be terminated at six months, with the ability to grant extensions to probation supervision if the court determines by a preponderance of the evidence that it is in the youth's best interest to continue probation past the initial six month wardship probation period.
- Requiring probation conditions to be individually tailored, developmentally appropriate, and reasonable.
- Increasing judicial discretion by changing statutorily mandated probation conditions to permissive probation conditions, so that judges are able to make individualized determinations."
Arguments in Opposition
According to Chief Probation Officers of California, "[T]here is a graduated continuum of juvenile responses and dispositions to reflect the needs of the youth and their safety as well as the community. These include, but are not limited to diversion, informal probation, deferred entry of judgement (DEJ), and non-wardship probation that can be used by the court. These are important alternatives to wardship that can be used in cases where deemed suitable.
"Youth who have been made wards have been determined by the court to need focused services, programming, and treatment that may extend beyond six months in order to simultaneously achieve improved well-being for the youth and safety for the community.
"Wardship probation is reserved for circumstances involving more serious offenses and when deemed necessary and appropriate for the safety of the youth and the community. We are concerned that by setting a definitive timeline of six months, even with the potential to extend, that 6 months wardship will not be deemed suitable for some cases or will not accommodate the length of certain treatment or programs, therefore more stringent alternative dispositions may be considered to potentially include adult court transfers or a secure setting.
"Therefore, we should be looking at how to best balance the shared goal of moving youth successfully off wardship without impeding key treatment or programming they need as identified by the court.
"Below are concerns that underlie our opposition:
- Applicability to Wards of the Court (Felony and Misdemeanor): This bill treats misdemeanors and felonies the same and applies to youth who are made wards of the court, including WIC 707(b) offenses such as murder, rape, arson, and robbery among other offenses. This bill is impacting youth that have been made wards of the court, and who have been identified as often having higher criminogenic needs that require focused and individualized responses and adequate time necessary to balance and meet the safety and treatment needs of the youth.
- Impacts on Dispositions: Six months for wardship cases will not be deemed suitable for some cases or will not accommodate the length of certain treatment or programs, such as sex offender programs, therefore more stringent alternative dispositions may be considered by courts and prosecutors which could potentially include adult court filings or a detention facility setting.
- Process of Discharge – Establishing a Presumption: The process currently proposed in the bill sets a presumption for discharge at six months for all non-custodial wardship cases (misdemeanor and felony). This bill establishes a probation term for wardship, which is deemed at the higher end of the juvenile continuum, for shorter durations than diversion or DEJ.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Unknown, potentially significant costs to the state funded trial court system (Trial Court Trust Fund, General Fund), likely in the low millions, to adjudicate additional hearings required by this bill. Judicial Council indicates an estimated 10,000 individuals who would need the new evidentiary hearings required by this bill. The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Significant workload costs to county probation agencies (local funds, General Fund), likely in the millions to tens of millions annually. Chief Probation Officer's note that, based on staff time to prepare the report required by this bill (which will include gathering information and which may include additional parties such as family, mental health, restitution, school progress, etc.), and time spent in court for the hearings, the impacts of this bill are likely to be in the millions to tens of millions annually, as these hearings apply to all wards of the court. Probation would have to prepare for and attend the initial hearing, which sets a presumption for discharge, and likely multiple additional hearings. Based on current lengths of juvenile probation terms, per case, this could require probation to attend multiple hearings every six months. However, by encouraging earlier termination of probation, this bill could shorten supervision periods and reduce associated costs.
- It is not clear whether the county probation duties imposed by this bill constitute a reimbursable state mandate or whether they may be subject to Proposition 30 (2012). Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent the state provides annual funding for the cost increase.
VOTES:
ASM PUBLIC SAFETY: 5-1-3
YES: Schultz, Mark González, Bonta, Harabedian, Sharp-Collins
NO: Alanis
ABS, ABST OR NV: Lackey, Nguyen, Ramos
ASSEMBLY FLOOR: 49-18-12
YES: Addis, Aguiar-Curry, Ahrens, Alvarez, Ávila Farías, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Jackson, Kalra, Lee, Lowenthal, McKinnor, Muratsuchi, Ortega, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
NO: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Gallagher, Hadwick, Hoover, Irwin, Lackey, Macedo, Patterson, Sanchez, Ta, Tangipa, Wallis
ABS, ABST OR NV: Arambula, Bains, Flora, Jeff Gonzalez, Krell, Nguyen, Pacheco, Ramos, Michelle Rodriguez, Blanca Rubio, Schiavo, Soria
UPDATED
VERSION: September 5, 2025
CONSULTANT: Stella Choe / PUB. S. / (916) 319-3744 FN: 0002114
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1376 |
THIRD READING
Bill No: AB 1376
Author: Bonta (D), et al.
Amended: 9/5/25 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/24/25
AYES: Arreguín, Gonzalez, Pérez, Wiener
NOES: Seyarto
NO VOTE RECORDED: Caballero
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/29/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
ASSEMBLY FLOOR: 49-18, 5/27/25 - See last page for vote
SUBJECT: Wards: probation
SOURCE: Alliance for Boys and Men of Color
California Alliance for Youth and Community Justice
Communities United for Restorative Youth Justice
Fresh Lifelines for Youth
National Youth Center for Youth Law
Sister Warriors Freedom Coalition
The W. Haywood Burns Institute
Western Center on Law & Poverty
DIGEST:
This bill limits the period of time for which a court may place a ward of the court on probation to twelve months, except that a court may extend probation upon proof by a preponderance of the evidence that it is in the best interest of the ward and the public; and requires that juvenile probation conditions are individually tailored, developmentally appropriate, and reasonable, as well as proportional to the legitimate interests served by the conditions.
Senate Floor Amendments of 9/5/25 authorize a court to continue a noticed hearing upon good cause, exclude foster youth from the bill, and add clarifying language.
ANALYSIS:
Existing law:
- States that the purpose of the juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of the minor’s parents only when necessary for the minor’s welfare or for the safety and protection of the public. Requires the juvenile court and other public agencies charged with enforcing, interpreting, and administering the juvenile court law to consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minor in all deliberations. (Welfare and Institutions Code (Welf. & Inst. Code), § 202, subds. (a) & (d).)
- Provides that a minor between 12 and 17 years of age, inclusive, who violates any law defining a crime, and a minor under 12 years of age who is alleged to have committed murder or a specified sex offense, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602.)
- Provides that the juvenile court may retain jurisdiction over a ward until the person attains 21 years of age, except that if the wardship is based on the commission of a specified serious offense, the juvenile court may retain jurisdiction until age 23, unless the ward would have faced an aggregate sentence of seven years or more in criminal court, in which case the juvenile court may retain jurisdiction until age 25. (Welf. & Inst. Code, § 607, subds. (a)-(c).)
- Authorizes the juvenile court to place a ward of the court on supervised probation. Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the ward. (Welf. & Inst. Code, § 727.)
- Authorizes the court, when a minor is adjudged a ward of the court, to order treatment, to commit the minor to a juvenile home, ranch, camp, forestry camp, or juvenile hall, and to make other orders, including ordering the ward to make restitution, pay a fine of up to $250, or to participate in uncompensated work programs. (Welf. & Inst. Code, § 730, subd. (a).)
- Provides that when a ward is placed under the supervision of the probation officer or committed to the care, custody, and control of the officer, the court may make any and all reasonable orders for the conduct of the ward, and impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. (Welf. & Inst. Code, § 730, subd (b).)
This bill:
- Prohibits a minor adjudged to be a ward of the court who is subject to an order of probation, with or without supervision of the probation officer, from remaining on probation for a period that exceeds twelve months from the disposition hearing, except as specified.
- Provides that a court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest.
- Requires the probation agency to submit a report to the court detailing the basis for any request to extend probation at the hearing.
- Requires that the ward and the prosecuting attorney be given the opportunity to present relevant evidence. Provides that the court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
- Requires the court to state the reasons for the findings orally on the record in cases in which the court finds by a preponderance of the evidence a basis for extending probation. Requires the court to set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
- Requires the court, if it extends probation, to schedule and hold subsequent noticed hearings for the ward not less frequently than every six months for the remainder of the wardship period.
- Provides that its provisions do not preclude termination of a ward’s probation before the end of the twelve-month period.
- Requires the court, prior to terminating jurisdiction over a ward subject to an order for foster care placement, to comply with existing provisions of law related to terminating jurisdiction over those youth. Prohibits the requirement to comply with those provisions of law from being a basis for continuing an order imposing terms and conditions of probation. Prohibits the ward from being subject to a petition to remove the ward from the physical custody of their parent, guardian, relative, or friend, or a violation of probation if the court retains jurisdiction.
- Provides that its provisions do not apply to any ward who is committed to a juvenile home, ranch, camp, or forestry camp.
- Provides that its provisions do not apply to any ward who is discharged from a secure youth treatment facility or transferred from a secure youth treatment facility to a less restrictive program.
- Requires that the conditions of probation ordered when a ward is placed on supervised or unsupervised probation meet all of the following requirements:
- The conditions are individually tailored, developmentally appropriate, and reasonable.
- The burden imposed by the conditions must be proportional to the legitimate interests served by the conditions.
- The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
- Amends existing law that authorizes the court to order the ward to make restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs, and instead limits the court’s authority to only order restitution.
- Amends several provisions of law requiring the juvenile court to impose specific conditions of probation on a ward of the court and instead makes all of those conditions of probation discretionary.
Background
There are a number of dispositional outcomes available to the juvenile court for minors who are before the court based on the commission of a crime, including diversion, informal probation, and wardship probation. For minors placed on wardship probation, the court may order probation with or without the supervision of a probation officer.
Juvenile probation does not have a statutory cap or required periodic review unlike adult probation which is generally limited to one year for misdemeanors and two years for felonies, except as specified in statute. Instead, juvenile probation can last as long as the juvenile court has jurisdiction over the ward. (Welf. & Inst. Code, § 602, subds. (a)-(c).)
The California Department of Justice reported that in 2023, over 10,000 youth in California were placed on wardship probation. (Office of the Attorney General, Juvenile Justice in California (2023), p. 40, available at <https://data-openjustice.doj.ca.gov/sites/default/files/2024-07/Juvenile%20Justice%20In%20CA%202023f.pdf.)
This bill limits the period of time for which a court may place a ward of the court on probation to twelve months, except that a court may extend probation if it finds by a preponderance of the evidence that doing so is in the best interest of the ward and the public.
Probation Conditions. A juvenile court may impose on a minor on probation “any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.” (Welf. & Inst. Code, § 730, subd. (b).) Generally, the conditions imposed on juveniles may be broader than criminal probation conditions. (In re Antonio R. (2000) 78 Cal.App.4th 937, 941.) In fact, “[a] juvenile court enjoys broad discretion to fashion conditions of probation for the purpose of rehabilitation and may even impose a condition of probation that would be unconstitutional or otherwise improper so long as it is tailored to specifically meet the needs of the juvenile.” (In re Binh L. (1992) 5 Cal.App.4th 194, 203; In re Josh W. (1997) 55 Cal.App.4th 1, 5; In re Sheena K. (2007) 40 Cal.4th 875, 889; In re Michael D. (1989) 214 Cal.App.3d 1610, 1616.) In planning the conditions of a minor’s supervision, the juvenile court considers not only the circumstances of the crime, but also the minor’s entire social history. (In re Binh L., supra, 5 Cal.App.4th 192, 203.)
Conditions of probation may include, among other things, electronic monitoring, drug testing, completion of education programs or other types of programs, or community service. The proponents of this bill argue that youth are “burdened with excessive and arbitrary probation conditions which, research has shown, harms their development and prospects for rehabilitation.” (National Center for Youth Law and W. Haywood Burns Institute, Ending Endless Probation (Mar. 2021), at p. 5, citing The Annie E. Casey Foundation, Transforming Juvenile Probation: A Vision for Getting it Right (2018) available at <https://youthlaw.org/sites/default/files/attachments/2022-03/2021.03.02-End-Endless-Probation-v2.pdf.)
This bill requires conditions of probation for a ward to be individually tailored, developmentally appropriate, and reasonable. This bill additionally requires that the burden imposed by those conditions is proportional to the legitimate interests served by the conditions. This bill also amends several provisions of existing law that require a court to impose certain conditions of probation and instead makes all of those conditions of probation discretionary.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee:
- Unknown, potentially significant costs to the state funded trial court system (Trial Court Trust Fund, General Fund), likely in the low millions, to adjudicate additional hearings required by this bill. Judicial Council indicates an estimated 10,000 individuals who would need the new evidentiary hearings required by this bill. The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Significant workload costs to county probation agencies (local funds, General Fund), likely in the millions to tens of millions annually. Chief Probation Officer’s note that, based on staff time to prepare the report required by this bill (which will include gathering information and which may include additional parties such as family, mental health, restitution, school progress, etc.), and time spent in court for the hearings, the impacts of this bill are likely to be in the millions to tens of millions annually, as these hearings apply to all wards of the court. Probation would have to prepare for and attend the initial hearing, which sets a presumption for discharge, and likely multiple additional hearings. Based on current lengths of juvenile probation terms, per case, this could require probation to attend multiple hearings every six months. However, by encouraging earlier termination of probation, this bill could shorten supervision periods and reduce associated costs.
- It is not clear whether the county probation duties imposed by this bill constitute a reimbursable state mandate or whether they may be subject to Proposition 30 (2012). Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent the state provides annual funding for the cost increase.
SUPPORT: (Verified 9/5/25)
Alliance for Boys and Men of Color (co-source)
California Alliance for Youth and Community Justice (co-source)
Communities United for Restorative Youth Justice (co-source)
Fresh Lifelines for Youth (co-source)
National Center for Youth Law (co-source)
Sister Warriors Freedom Coalition (co-source)
The W. Haywood Burns Institute (co-source)
Western Center on Law & Poverty (co-source)
ACLU California Action
All of Us or None
Asian Americans Advancing Justice Southern California
Back to the Start
Black Parallel School Board
Black Women for Wellness Action Project
California Attorneys for Criminal Justice
California Coalition for Youth
California Court Appointed Special Advocate Association
California League of United Latin American Citizens
California Native Vote Project
California Public Defenders Association
California Youth Defender Center
Californians for Safety and Justice
Californians United for a Responsible Budget
Center for Employment Opportunities
Children Now
Children’s Defense Fund-California
Coalition for Humane Immigrant Rights
Community Works
Congregations Organized for Prophetic Engagement
Courage California
Debt Free Justice California
Drug Policy Alliance
East Bay Community Law Center
Ella Baker Center for Human Rights
Empowering Women Impacted by Incarceration
Fair Chance Project
Grace Institute-End Child Poverty in CA
Hoops 4 Justice
Human Rights Watch
Indigenous Justice
Initiate Justice
Initiate Justice Action
Justice2Jobs Coalition
Khmer Girls in Action
LA County Public Defenders Union, Local 148
La Defensa
League of Women Voters of California
Legal Services for Prisoner With Children
Mid-City Community Advocacy Network
MILPA Collective
National Institute for Criminal Justice Reform
Peace and Justice Law Center
Pillars of the Community
Rubicon Programs
San Francisco Public Defender
Secure Justice
Silicon Valley De-Bug
Smart Justice California
Starting Over
Starting Over Strong
Urban Peace Institute
Vera Institute of Justice
Youth Alliance
Youth Forward
Youth Law Center
1 Individual
OPPOSITION: (Verified 9/5/25)
Association of Orange County Deputy Sheriffs
California District Attorneys Association
California Police Chiefs Association
Chief Probation Officers’ of California
County of Kern
Peace Officers Research Association of California
Riverside County District Attorney
Riverside Sheriffs’ Association
Sacramento County Probation Association
Sacramento County Sheriff Jim Cooper
San Diego County Probation Officers Association
San Joaquin County Probation Officers Association
San Mateo County Probation Detention Association
State Coalition of Probation Organizations
Ventura County Professional Peace Officers Association
ASSEMBLY FLOOR: 49-18, 5/27/25
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Ávila Farías, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Jackson, Kalra, Lee, Lowenthal, McKinnor, Muratsuchi, Ortega, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Gallagher, Hadwick, Hoover, Irwin, Lackey, Macedo, Patterson, Sanchez, Ta, Tangipa, Wallis
NO VOTE RECORDED: Arambula, Bains, Flora, Jeff Gonzalez, Krell, Nguyen, Pacheco, Ramos, Michelle Rodriguez, Blanca Rubio, Schiavo, Soria
Prepared by: Stephanie Jordan / PUB. S. /
9/8/25 21:40:17
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1376 |
THIRD READING
Bill No: AB 1376
Author: Bonta (D), et al.
Amended: 8/29/25 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/24/25
AYES: Arreguín, Gonzalez, Pérez, Wiener
NOES: Seyarto
NO VOTE RECORDED: Caballero
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/29/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
ASSEMBLY FLOOR: 49-18, 5/27/25 - See last page for vote
SUBJECT: Wards: probation
SOURCE: Alliance for Boys and Men of Color; California Alliance for Youth and Community Justice; Communities United for Restorative Youth Justice; Fresh Lifelines for Youth; National Youth Center for Youth Law; Sister Warriors Freedom Coalition; The W. Haywood Burns Institute; Western Center on Law & Poverty
DIGEST:
This bill limits the period of time for which a court may place a ward of the court on probation to twelve months, except that a court may extend probation upon proof by a preponderance of the evidence that it is in the best interest of the ward and the public; and requires that juvenile probation conditions are individually tailored, developmentally appropriate, and reasonable, as well as proportional to the legitimate interests served by the conditions.
ANALYSIS:
Existing law:
- States that the purpose of the juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of the minor’s parents only when necessary for the minor’s welfare or for the safety and protection of the public. Requires the juvenile court and other public agencies charged with enforcing, interpreting, and administering the juvenile court law to consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minor in all deliberations. (Welfare and Institutions Code (Welf. & Inst. Code), § 202, subds. (a) & (d).)
- Provides that a minor between 12 and 17 years of age, inclusive, who violates any law defining a crime, and a minor under 12 years of age who is alleged to have committed murder or a specified sex offense, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602.)
- Provides that the juvenile court may retain jurisdiction over a ward until the person attains 21 years of age, except that if the wardship is based on the commission of a specified serious offense, the juvenile court may retain jurisdiction until age 23, unless the ward would have faced an aggregate sentence of seven years or more in criminal court, in which case the juvenile court may retain jurisdiction until age 25. (Welf. & Inst. Code, § 607, subds. (a)-(c).)
- Authorizes the juvenile court to place a ward of the court on supervised probation. Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the ward. (Welf. & Inst. Code, § 727.)
- Authorizes the court, when a minor is adjudged a ward of the court, to order treatment, to commit the minor to a juvenile home, ranch, camp, forestry camp, or juvenile hall, and to make other orders, including ordering the ward to make restitution, pay a fine of up to $250, or to participate in uncompensated work programs. (Welf. & Inst. Code, § 730, subd. (a).)
- Provides that when a ward is placed under the supervision of the probation officer or committed to the care, custody, and control of the officer, the court may make any and all reasonable orders for the conduct of the ward, and impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. (Welf. & Inst. Code, § 730, subd (b).)
This bill:
- Prohibits a minor adjudged to be a ward of the court who is subject to an order of probation, with or without supervision of the probation officer, from remaining on probation for a period that exceeds twelve months from the disposition hearing, except as specified.
- Provides that a court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest.
- Requires the probation agency to submit a report to the court detailing the basis for any request to extend probation at the hearing.
- Requires that the ward and the prosecuting attorney be given the opportunity to present relevant evidence. Provides that the court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
- Requires the court to state the reasons for the findings orally on the record in cases in which the court finds by a preponderance of the evidence a basis for extending probation. Requires the court to set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
- Requires the court, if it extends probation, to schedule and hold subsequent noticed hearings for the ward not less frequently than every six months for the remainder of the wardship period.
- Provides that its provisions do not preclude termination of a ward’s probation before the end of the twelve-month period.
- Requires the court, prior to terminating jurisdiction over a ward subject to an order for foster care placement, to comply with existing provisions of law related to terminating jurisdiction over those youth. Prohibits the requirement to comply with those provisions of law from being a basis for continuing an order imposing terms and conditions of probation. Prohibits the ward from being subject to a petition to remove the ward from the physical custody of their parent, guardian, relative, or friend, or a violation of probation if the court retains jurisdiction.
- Provides that its provisions do not apply to any ward who is committed to a juvenile home, ranch, camp, or forestry camp.
- Provides that its provisions do not apply to any ward who is discharged from a secure youth treatment facility or transferred from a secure youth treatment facility to a less restrictive program.
- Requires that the conditions of probation ordered when a ward is placed on supervised or unsupervised probation meet all of the following requirements:
- The conditions are individually tailored, developmentally appropriate, and reasonable.
- The burden imposed by the conditions must be proportional to the legitimate interests served by the conditions.
- The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
- Amends existing law that authorizes the court to order the ward to make restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs, and instead limits the court’s authority to only order restitution.
- Amends several provisions of law requiring the juvenile court to impose specific conditions of probation on a ward of the court and instead makes all of those conditions of probation discretionary.
Background
There are a number of dispositional outcomes available to the juvenile court for minors who are before the court based on the commission of a crime, including diversion, informal probation, and wardship probation. For minors placed on wardship probation, the court may order probation with or without the supervision of a probation officer.
Juvenile probation does not have a statutory cap or required periodic review unlike adult probation which is generally limited to one year for misdemeanors and two years for felonies, except as specified in statute. Instead, juvenile probation can last as long as the juvenile court has jurisdiction over the ward. (Welf. & Inst. Code, § 602, subds. (a)-(c).)
The California Department of Justice reported that in 2023, over 10,000 youth in California were placed on wardship probation. (Office of the Attorney General, Juvenile Justice in California (2023), p. 40, available at <https://data-openjustice.doj.ca.gov/sites/default/files/2024-07/Juvenile%20Justice%20In%20CA%202023f.pdf .)
This bill limits the period of time for which a court may place a ward of the court on probation to twelve months, except that a court may extend probation if it finds by a preponderance of the evidence that doing so is in the best interest of the ward and the public.
Probation Conditions. A juvenile court may impose on a minor on probation “any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.” (Welf. & Inst. Code, § 730, subd. (b).) Generally, the conditions imposed on juveniles may be broader than criminal probation conditions. (In re Antonio R. (2000) 78 Cal.App.4th 937, 941.) In fact, “[a] juvenile court enjoys broad discretion to fashion conditions of probation for the purpose of rehabilitation and may even impose a condition of probation that would be unconstitutional or otherwise improper so long as it is tailored to specifically meet the needs of the juvenile.” (In re Binh L. (1992) 5 Cal.App.4th 194, 203; In re Josh W. (1997) 55 Cal.App.4th 1, 5; In re Sheena K. (2007) 40 Cal.4th 875, 889; In re Michael D. (1989) 214 Cal.App.3d 1610, 1616.) In planning the conditions of a minor’s supervision, the juvenile court considers not only the circumstances of the crime, but also the minor’s entire social history. (In re Binh L., supra, 5 Cal.App.4th 192, 203.)
Conditions of probation may include, among other things, electronic monitoring, drug testing, completion of education programs or other types of programs, or community service. The proponents of this bill argue that youth are “burdened with excessive and arbitrary probation conditions which, research has shown, harms their development and prospects for rehabilitation.” (National Center for Youth Law and W. Haywood Burns Institute, Ending Endless Probation (Mar. 2021), at p. 5, citing The Annie E. Casey Foundation, Transforming Juvenile Probation: A Vision for Getting it Right (2018) available at <https://youthlaw.org/sites/default/files/attachments/2022-03/2021.03.02-End-Endless-Probation-v2.pdf .)
This bill requires conditions of probation for a ward to be individually tailored, developmentally appropriate, and reasonable. This bill additionally requires that the burden imposed by those conditions is proportional to the legitimate interests served by the conditions. This bill also amends several provisions of existing law that require a court to impose certain conditions of probation and instead makes all of those conditions of probation discretionary.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee:
- Unknown, potentially significant costs to the state funded trial court system (Trial Court Trust Fund, General Fund), likely in the low millions, to adjudicate additional hearings required by this bill. Judicial Council indicates an estimated 10,000 individuals who would need the new evidentiary hearings required by this bill. The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Significant workload costs to county probation agencies (local funds, General Fund), likely in the millions to tens of millions annually. Chief Probation Officer’s note that, based on staff time to prepare the report required by this bill (which will include gathering information and which may include additional parties such as family, mental health, restitution, school progress, etc.), and time spent in court for the hearings, the impacts of this bill are likely to be in the millions to tens of millions annually, as these hearings apply to all wards of the court. Probation would have to prepare for and attend the initial hearing, which sets a presumption for discharge, and likely multiple additional hearings. Based on current lengths of juvenile probation terms, per case, this could require probation to attend multiple hearings every six months. However, by encouraging earlier termination of probation, this bill could shorten supervision periods and reduce associated costs.
- It is not clear whether the county probation duties imposed by this bill constitute a reimbursable state mandate or whether they may be subject to Proposition 30 (2012). Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent the state provides annual funding for the cost increase.
SUPPORT: (Verified 8/29/25)
Alliance for Boys and Men of Color (co-source)
California Alliance for Youth and Community Justice (co-source)
Communities United for Restorative Youth Justice (co-source)
Fresh Lifelines for Youth (co-source)
National Center for Youth Law (co-source)
Sister Warriors Freedom Coalition (co-source)
The W. Haywood Burns Institute (co-source)
Western Center on Law & Poverty (co-source)
ACLU California Action
All of Us or None
Asian Americans Advancing Justice Southern California
Back to the Start
Black Parallel School Board
Black Women for Wellness Action Project
California Attorneys for Criminal Justice
California Coalition for Youth
California Court Appointed Special Advocate Association
California League of United Latin American Citizens
California Native Vote Project
California Public Defenders Association
California Youth Defender Center
Californians for Safety and Justice
Californians United for a Responsible Budget
Center for Employment Opportunities
Children Now
Children’s Defense Fund-California
Coalition for Humane Immigrant Rights
Community Works
Congregations Organized for Prophetic Engagement
Courage California
Debt Free Justice California
Drug Policy Alliance
East Bay Community Law Center
Ella Baker Center for Human Rights
Empowering Women Impacted by Incarceration
Fair Chance Project
Grace Institute-End Child Poverty in CA
Hoops 4 Justice
Human Rights Watch
Indigenous Justice
Initiate Justice
Initiate Justice Action
Justice2Jobs Coalition
Khmer Girls in Action
LA County Public Defenders Union, Local 148
La Defensa
League of Women Voters of California
Legal Services for Prisoner With Children
Mid-City Community Advocacy Network
MILPA Collective
National Institute for Criminal Justice Reform
Peace and Justice Law Center
Pillars of the Community
Rubicon Programs
San Francisco Public Defender
Secure Justice
Silicon Valley De-Bug
Smart Justice California
Starting Over
Starting Over Strong
Urban Peace Institute
Vera Institute of Justice
Youth Alliance
Youth Forward
Youth Law Center
1 Individual
OPPOSITION: (Verified 8/29/25)
Association of Orange County Deputy Sheriffs
California District Attorneys Association
California Police Chiefs Association
Chief Probation Officers’ of California
Peace Officers Research Association of California
Riverside County District Attorney
Riverside Sheriffs’ Association
Sacramento County Probation Association
Sacramento County Sheriff Jim Cooper
San Diego County Probation Officers Association
San Joaquin County Probation Officers Association
San Mateo County Probation Detention Association
State Coalition of Probation Organizations
Ventura County Professional Peace Officers Association
ASSEMBLY FLOOR: 49-18, 5/27/25
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Ávila Farías, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Jackson, Kalra, Lee, Lowenthal, McKinnor, Muratsuchi, Ortega, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Gallagher, Hadwick, Hoover, Irwin, Lackey, Macedo, Patterson, Sanchez, Ta, Tangipa, Wallis
NO VOTE RECORDED: Arambula, Bains, Flora, Jeff Gonzalez, Krell, Nguyen, Pacheco, Ramos, Michelle Rodriguez, Blanca Rubio, Schiavo, Soria
Prepared by: Stephanie Jordan / PUB. S. /
9/2/25 18:22:32
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 1376 (Bonta) - Wards: probation
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 29, 2025
Fiscal Impact:
- Unknown, potentially significant costs to the state funded trial court system (Trial Court Trust Fund, General Fund), likely in the low millions, to adjudicate additional hearings required by this bill. Judicial Council indicates an estimated 10,000 individuals who would need the new evidentiary hearings required by this bill. The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Significant workload costs to county probation agencies (local funds, General Fund), likely in the millions to tens of millions annually. Chief Probation Officer’s note that, based on staff time to prepare the report required by this bill (which will include gathering information and which may include additional parties such as family, mental health, restitution, school progress, etc.), and time spent in court for the hearings, the impacts of this bill are likely to be in the millions to tens of millions annually, as these hearings apply to all wards of the court. Probation would have to prepare for and attend the initial hearing, which sets a presumption for discharge, and likely multiple additional hearings. Based on current lengths of juvenile probation terms, per case, this could require probation to attend multiple hearings every six months. However, by encouraging earlier termination of probation, this bill could shorten supervision periods and reduce associated costs.
- It is not clear whether the county probation duties imposed by this bill constitute a reimbursable state mandate or whether they may be subject to Proposition 30 (2012). Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment applies to local agencies only to the extent the state provides annual funding for the cost increase.
Author Amendments:
- Provide that a minor adjudged to be a ward of the court, as specified, shall not remain on probation for a period that exceeds twelve months, as specified.
- Provide that, if the court extends probation, the court shall hold noticed hearings for the ward not less than every six months, as specified.
- Clarify that these provisions do not preclude termination of probation before the end of twelve months.
- Provide that these provisions do not apply to a ward who is discharged from a secure youth treatment facility.
Committee Amendments:
Allow courts to extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Jesse Arreguín, Chair
2025 - 2026 Regular
Bill No: AB 1376 Hearing Date: June 24, 2025
Author: | Bonta | ||
Version: | June 11, 2025 | ||
Urgency: | No | Fiscal: | No |
Consultant: | SJ | ||
Subject: Wards: probation
HISTORY
Source: Alliance for Boys and Men of Color
California Alliance for Youth and Community Justice
Communities United for Restorative Youth Justice
Fresh Lifelines for Youth
National Center for Youth Law
Sister Warriors Freedom Coalition
The W. Haywood Burns Institute
Western Center on Law & Poverty
Prior Legislation: AB 503 (Stone), vetoed, 2022
SB 92 (Com. on Budget & Fiscal Review), Ch. 18, Stats. of 2021
SB 823 (Com. on Budget & Fiscal Review), Ch. 337, Stats. of 2020
SB 1134 (Beall), didn’t move in 2020 due to COVID-19
SB 81 (Com. on Budget & Fiscal Review), Ch. 175, Stats. of 2007
Support: ACLU California Action; All of Us or None; Asian Americans Advancing Justice Southern California; Back to the Start; Black Women for Wellness Action Project; California Attorneys for Criminal Justice; California Coalition for Youth California Court Appointed Special Advocate Association; California League of United Latin American Citizens; California Public Defenders Association; California Youth Defender Center; Californians for Safety and Justice; Californians United for a Responsible Budget; Center for Employment Opportunities; Children Now; Children’s Defense Fund-California; Coalition for Humane Immigrant Rights; Community Works; Congregations Organized for Prophetic Engagement; Courage California; Debt Free Justice California; Drug Policy Alliance; East Bay Community Law Center; Ella Baker Center for Human Rights; Empowering Women Impacted by Incarceration; Fair Chance Project; Grace Institute-End Child Poverty in CA; Hoops 4 Justice; Human Rights Watch; Indigenous Justice; Initiate Justice; Initiate Justice Action; Justice2Jobs Coalition; Khmer Girls in Action; LA County Public Defenders Union, Local 148; La Defensa; League of Women Voters of California; Legal Services for Prisoner With Children; Mid-City Community Advocacy Network; MILPA Collective; National Institute for Criminal Justice Reform; Peace and Justice Law Center; Pillars of the Community; Rubicon Programs; San Francisco Public Defender; Secure Justice; Silicon Valley De-Bug; Smart Justice California; Starting Over; Starting Over Strong; Urban Peace Institute; Vera Institute of Justice; Youth Alliance; Youth Law Center; 1 Individual
Opposition: California District Attorneys Association; California Police Chiefs Association; Chief Probation Officers’ of California; Peace Officers Research Association of California; Riverside County District Attorney; Riverside Sheriffs’ Association; Sacramento County Probation Association; San Joaquin County Probation Officers Association; San Mateo County Probation Detention Association; State Coalition of Probation Organizations; Ventura County Professional Peace Officers Association
Assembly Floor Vote: 49 - 18
PURPOSE
The purposes of this bill are to limit the period of time in which a court may place a ward of the court on probation to nine months, except that a court may extend probation in six month increments upon proof by a preponderance of the evidence that it is in the best interest of the ward and the public; and to require that juvenile probation conditions are individually tailored, developmentally appropriate, and reasonable, as well as proportional to the legitimate interests served by the conditions.
Existing law states that the purpose of the juvenile court law is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of the minor’s parents only when necessary for the minor’s welfare or for the safety and protection of the public. Requires the juvenile court and other public agencies charged with enforcing, interpreting, and administering the juvenile court law to consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minor in all deliberations. (Welf. & Inst. Code, § 202, subds. (a) & (d).)
Existing law provides that a minor between 12 and 17 years of age, inclusive, who violates any law defining a crime, and a minor under 12 years of age who is alleged to have committed murder or a specified sex offense, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602.)
Existing law provides that the juvenile court may retain jurisdiction over a ward until the person attains 21 years of age, except that if the wardship is based on the commission of a specified serious offense, the juvenile court may retain jurisdiction until age 23, unless the ward would have faced an aggregate sentence of seven years or more in criminal court, in which case the juvenile court may retain jurisdiction until age 25. (Welf. & Inst. Code, § 607, subds. (a)-(c).)
Existing law authorizes the juvenile court to place a ward of the court on supervised probation. Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the ward. (Welf. & Inst. Code, § 727.)
Existing law authorizes the court, when a minor is adjudged a ward of the court, to order treatment, to commit the minor to a juvenile home, ranch, camp, forestry camp, or juvenile hall, and to make other orders, including ordering the ward to make restitution, pay a fine of up to $250, or to participate in uncompensated work programs. (Welf. & Inst. Code, § 730, subd. (a).)
Existing law provides that when a ward is placed under the supervision of the probation officer or committed to the care, custody, and control of the officer, the court may make any and all reasonable orders for the conduct of the ward, and impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. (Welf. & Inst. Code, § 730, subd (b).)
Existing law provides that if a minor is found to be a ward of the juvenile court due to the commission of a battery on school property, the court is required to order the minor to make restitution to the victim as a condition of probation. Requires the court to require the minor to perform specified community service if restitution is found to be inappropriate, except as provided. (Welf. & Inst. Code, § 729.)
Existing law provides that if a minor is found to be a ward of the juvenile court due to the commission of a crime on a public transit vehicle, the court is required to order the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner as a condition of probation. Provides that if restitution is found inappropriate, the court must order the minor to perform community service, except as specified. Provides that in lieu of community service, the court may order the ward or ward’s parents to participate in a graffiti abatement program, if one exists, as a condition of probation. (Welf. & Inst. Code, § 729.1, subd. (a).)
Existing law provides that if a minor is found to be a ward of the juvenile court and is not ordered removed from the physical custody of the parent or guardian, the court is required to order the minor to attend a school program approved by the probation officer without absence, to order the parent or guardian to participate in a counseling or education program with the minor, and to order minor to remain at the minor’s place of residence between 10 pm and 6 am, as a condition of probation, except as specified. (Welf. & Inst. Code, § 729.2.)
Existing law provides that if a minor is found to be a ward of the juvenile court due to the commission of an assault or battery on school or park property, the court is required to order the minor to attend counseling. (Welf. & Inst. Code, § 729.6.)
Existing law provides that if a minor is found to be a ward of the juvenile court due to the unlawful possession, use, sale, or other furnishing of a controlled substance or other specified substances, upon the grounds of a school, church or synagogue, playground, youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court is required to order the minor to perform community service as a condition of probation, except as provided. (Welf. & Inst. Code, § 729.8.)
Existing law provides that if a minor is found to be a ward of the court due to the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, the court is required, when recommended by the probation officer, to order the minor not to use or be under the influence of any controlled substance and to order the minor to submit to drug and substance abuse testing as directed by the probation officer as a condition of probation. (Welf. & Inst. Code, § 729.9.)
Existing law provides that if a minor is found to be a ward of the juvenile court due to the commission of various acts of vandalism, the court as a condition of probation is required to order the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. (Welf. & Inst. Code, § 742.16.)
This bill prohibits a minor adjudged to be a ward of the court who is subject to an order of probation, with or without supervision of the probation officer, from remaining on probation for a period that exceeds nine months, except as specified.
This bill provides that a court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest.
This bill requires the probation agency to submit a report to the court detailing the basis for any request to extend probation at the hearing.
This bill requires that the ward and the prosecuting attorney be given the opportunity to present relevant evidence. Provides that the court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
This bill requires the court to state the reasons for the findings orally on the record in cases in which the court finds by a preponderance of the evidence a basis for extending probation beyond the nine-month period. Requires the court to set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
This bill requires the court, if it extends probation, to schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
This bill requires the court, prior to terminating jurisdiction over a ward subject to an order for foster care placement, to comply with existing provisions of law related to terminating jurisdiction over those youth. Prohibits the requirement to comply with those provisions of law from being a basis for continuing an order imposing terms and conditions of probation. Prohibits the ward from being subject to a petition to remove the ward from the physical custody of their parent, guardian, relative, or friend, or a violation of probation if the court retains jurisdiction.
This bill provides that its provisions do not preclude termination of a ward’s probation before the end of a nine-month period.
This bill provides that it does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing.
This bill requires that the conditions of probation ordered when a ward is placed on supervised or unsupervised probation meet all of the following requirements:
- The conditions are individually tailored, developmentally appropriate, and reasonable.
- The burden imposed by the conditions must be proportional to the legitimate interests served by the conditions.
- The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill amends existing law that authorizes the court to order the ward to make restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs, and instead limits the court’s authority to only order restitution.
This bill amends several provisions of law requiring the juvenile court to impose specific conditions of probation on a ward of the court and instead makes all of those conditions of probation discretionary.
This bill includes legislative findings and declarations.
COMMENTS
- Need For This Bill
According to the author:
Probation is the most common court-ordered outcome for youth in California’s juvenile courts, yet there are no clear standards for how long supervision should last. As a result, many young people—particularly youth of color—are placed on probation for indefinite periods, facing unrealistic and overly burdensome conditions that often do more harm than good. Instead of supporting rehabilitation, this approach traps young people in the legal system during critical years of development, increasing the risk of unnecessary detention and contributing to the school-to-prison pipeline.
AB 1376 creates a fair and balanced framework by establishing a nine-month probation timeline with a presumption for dismissal unless the court determines that an extension is in the youth’s best interest. This change ensures that probation is focused on supporting growth and accountability, not prolonged punishment. This bill will also require that probation conditions are tailored, developmentally appropriate, and not excessive or punitive. By setting clear limits and expectations, AB 1376 keeps the focus where it belongs—on rehabilitation and helping young people learn from their mistakes so they can move forward with their lives.
- Juvenile Probation
There are a number of dispositional outcomes available to the juvenile court for minors who are before the court based on the commission of a crime, including diversion, informal probation, and wardship probation. For minors placed on wardship probation, the court may order probation with or without the supervision of a probation officer.
Juvenile probation does not have a statutory cap or required periodic review unlike adult probation which is generally limited to one year for misdemeanors and two years for felonies, except as specified in statute. Instead, juvenile probation can last as long as the juvenile court has jurisdiction over the ward. (Welf. & Inst. Code, § 602, subds. (a)-(c).) Concerns about the use of juvenile probation were outlined in a recent report:
Probation is the most common court ordered outcome imposed on youth in juvenile court in California. Too often, youth are placed on probation for an unspecified amount of time, while under the microscope of overly burdensome and confusing probation conditions. Conditions are rarely individualized—or realistic—and are ultimately impediments to healthy youth development and rehabilitation. Furthermore, available data show that probation is more frequently imposed on youth of color, and for longer periods of time. Together, these practices trap many young people in the legal system for their entire adolescence, lead to further use of detention, and cause far more harm than good. (National Center for Youth Law and W. Haywood Burns Institute, Ending Endless Probation (Mar. 2021), p. 2, citing The Annie E. Casey Foundation, Transforming Juvenile Probation: A Vision for Getting it Right (2018) available at <https://youthlaw.org/sites/default/files/attachments/2022-03/2021.03.02-End-Endless-Probation-v2.pdf>.)
The California Department of Justice reported that in 2023, over 10,000 youth in California were placed on wardship probation. (Office of the Attorney General, Juvenile Justice in California (2023), p. 40, available at <https://data-openjustice.doj.ca.gov/sites/default/files/2024-07/Juvenile%20Justice%20In%20CA%202023f.pdf>.) The report included the percentage of each type of juvenile court disposition (e.g., wardship, informal probation, dismissed, etc.) within each racial or ethnic category, and indicated that 45.2% of White youths were placed on wardship probation, 53.4% Hispanic youths were placed on wardship probation, 48.9% Black youths were placed on wardship probation, and 40.2% of youth identified as “Other” were placed on wardship probation. (Id. at p. 41.)
This bill limits the period of time for which a court may place a ward of the court on probation to nine months, except that a court may extend probation in six-month increments if it finds by a preponderance of the evidence that doing so is in the best interest of the ward and the public.
Opponents of the bill argue that because the bill does not distinguish between more and less serious offenses, a court may be disinclined to grant probation in some instances, even with the ability to extend probation in six-month increments. Proponents of the bill counter that distinguishing between more and less serious offenses will lead prosecutors to upcharge. Committee members may wish to consider whether this bill should adopt an approach that distinguishes between categories of offenses but minimizes the likelihood of upcharging. For example, the bill could limit probation for misdemeanors and non-707(b) felonies to nine months with the six-month extension option and include a longer period of probation for 707(b) felonies with the six-month extension option.
- Probation Conditions
A juvenile court may impose on a minor on probation “any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.” (Welf. & Inst. Code, § 730, subd. (b).) Generally, the conditions imposed on juveniles may be broader than criminal probation conditions. (In re Antonio R. (2000) 78 Cal.App.4th 937, 941.) In fact, “[a] juvenile court enjoys broad discretion to fashion conditions of probation for the purpose of rehabilitation and may even impose a condition of probation that would be unconstitutional or otherwise improper so long as it is tailored to specifically meet the needs of the juvenile.” (In re Binh L. (1992) 5 Cal.App.4th 194, 203; In re Josh W. (1997) 55 Cal.App.4th 1, 5; In re Sheena K. (2007) 40 Cal.4th 875, 889; In re Michael D. (1989) 214 Cal.App.3d 1610, 1616.) In planning the conditions of a minor’s supervision, the juvenile court considers not only the circumstances of the crime, but also the minor’s entire social history. (In re Binh L., supra, 5 Cal.App.4th 192, 203.) However, probation conditions may be void for vagueness or for being overbroad. “An order must be sufficiently precise for the probationer to know what is required of him, and for the court to determine whether the condition has been violated.” (People v. Reinerston (1986) 178 Cal.App.3d 320, 324- 325.)
In People v. Lent (1975) 15 Cal.3d 481, the California Supreme Court articulated the following test to determine whether a probation condition constitutes an abuse of discretion: “A condition of probation will not be held invalid unless it ‘(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality.’” (Id. at p. 486.) “This test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term.” (People v. Olguin (2008) 45 Cal.4th 375, 379.) “As such, even if a condition of probation has no relationship to the crime of which a defendant was convicted and involves conduct that is not itself criminal, the condition is valid as long as the condition is reasonably related to preventing future criminality.” (Id. at pp. 379-380.)
The Lent test applies to juvenile probation conditions. (In re P.O. (2016) 246 Cal.App.4th 288, 294; In re D.G. (2010) 187 Cal.App.4th 47, 52.) In In re Ricardo P. (2019) 7 Cal.5th 1113, the California Supreme Court observed that “Lent’s requirement that a probation condition must be ‘reasonably related to future criminality’ contemplates a degree of proportionality between the burden imposed by a probation condition and the legitimate interests served by the condition.” (Id. at p. 1122.)
Conditions of probation may include, among other things, electronic monitoring, drug testing, completion of education programs or other types of programs, or community service. The proponents of this bill argue that youth are “burdened with excessive and arbitrary probation conditions which, research has shown, harms their development and prospects for rehabilitation.” (Ending Endless Probation, supra, at p. 5.) This bill requires conditions of probation for a ward to be individually tailored, developmentally appropriate, and reasonable. This bill additionally requires that the burden imposed by those conditions is proportional to the legitimate interests served by the conditions.
This bill also amends several provisions of existing law that require a court to impose certain conditions of probation and instead makes all of those conditions of probation discretionary.
- Juvenile Justice Realignment
With the passage of SB 823 (Committee on Budget), Chapter 337, Statutes of 2020, the state planned the closure of the Division of Juvenile Justice (DJJ) and realigned the responsibility for managing all youth under the jurisdiction of the juvenile courts to county probation departments. This change resulted in the reallocation of funding to counties to enable them to meet the needs of youth who would have previously been committed to DJJ. SB 92 (Committee on Budget), Chapter 18, Statutes of 2021, was enacted the following year to establish a new dispositional option for juveniles ages 14 and over who are adjudicated for a Welfare and Institutions Code section 707(b) offense (i.e., a specified serious or violent felony) and for whom a less restrictive alternative disposition is not suitable. This dispositional option—commitment to a secure youth treatment facility (SYTF)—is a secured, custodial setting.
If a court commits a youth to an SYTF, it must set a baseline term of commitment that must “represent the time in custody necessary to meet the developmental and treatment needs of the ward and to prepare the ward for discharge to a period of probation supervision in the community.” (Welf. & Inst. Code, § 875, subd. (b)(1).) The court is also required to approve an individualized rehabilitation plan (IRP) after making an order to commit a youth to an SYTF which must identify the youth’s needs and describe the programming, treatment, and education to be provided in relation to those needs. (Welf. & Inst. Code, § 875, subd. (d).)
The court must review the progress of a youth committed to an SYTF at least every six months, and may order that the youth remain in custody for the remainder of the baseline term or modify the baseline term downward by up to six months at each hearing. (Welf. & Inst. Code, § 875, subd. (e)(1)(A).) The court may additionally order that the youth be assigned to a less restrictive program (LRP). (Welf. & Inst. Code, § 875, subd. (e)(1)(A).)
At the conclusion of the baseline confinement term, including any modified baseline term, the court must hold a probation discharge hearing. (Welf. & Inst. Code, § 875, subd. (e)(3).) At the discharge hearing, the court reviews the youth’s progress toward meeting the goals of the IRP as well as the recommendations of counsel, the probation department, and any other agencies or individuals having information the court deems necessary. (Welf. & Inst. Code, § 875, subd. (e)(3).) The court must order that the youth be discharged to a period of probation supervision in the community unless the court finds that the youth constitutes a substantial risk of imminent harm to others in the community if released from custody. (Welf. & Inst. Code, § 875, subd. (e)(3).) If the youth is discharged to probation supervision, the court must determine reasonable conditions of probation that meet the developmental needs and circumstances of the youth and facilitate the youth’s successful reentry into the community. (Welf. & Inst. Code, § 875, subd. (e)(4).) The court must periodically review the youth’s progress under probation supervision and make additional orders as necessary to facilitate the provision of services or to otherwise support the youth’s successful reentry into the community. (Welf. & Inst. Code, § 875, subd. (e)(4).)
This bill states that it does not apply to any ward who is transferred from an SYTF to an LRP and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing. In other words, the provisions of this bill do not apply to a youth committed to an SYTF who subsequently transfers to an LRP until the youth is discharged onto probation. At that point, the provisions limiting the probation period to nine months with the possibility of six-month extensions applies. As such, this bill also applies to a youth committed to an SYTF who is never transferred to an LRP, and who instead, is discharged directly onto probation following the conclusion of their baseline or modified baseline term.
- AB 503 Veto Message
This bill is substantially similar to AB 503 of the 2021-2022 legislative session. However, AB 503 limited the probation period to six months in contrast to nine months in this bill. In his veto message of AB 503, Governor Newsom wrote:
This bill would limit the period of time in which a court may place a ward of the court on probation to six months and extend probation in six month increments upon proof that it is in the best interest of the ward.
I support juvenile justice reform and rehabilitation, which is why, in 2020, I led the effort to realign juvenile justice in California. Realignment is an important reform that has impacted every step of the juvenile justice process, from placement decisions to discharge. County probation has had to work swiftly to adapt to providing care and programming to a new population.
Realignment will not be final until the Division of Juvenile Justice closes in June of next year. As counties prepare for the full implementation of realignment, I am concerned that changes to the juvenile justice system, like those outlined in this legislation, create additional workload for the courts and probation during realignment. I am also concerned about costs driven by the increased number of hearings, the courts estimate that this increased workload will cost millions of dollars.
- Argument in Support
The W. Haywood Burns Institute, one of the bill’s co-sponsors writes:
AB 1376 would establish statewide standards for oversight and accountability in the noncustodial probation system. By checking in on young people at appropriate intervals, we can protect them from spending their childhoods languishing on probation unnecessarily. …
…
In contrast to a growing number of states, California has no statutory limitation on the length of time young people spend under court ordered, non-custodial “wardship” probation supervision—something that was changed in the California adult courts five years ago with AB 1950 (2020). While data are not typically published by California Probation Departments about how long youth spend on probation, a Public Records Act request in 2020 revealed that on average, youth of color are on probation far longer than white youth. Specifically, White youth were on probation for an average of less than 20 months, while Black youth were on probation for an average of nearly 21 months, Asian youth for more than 22 months, and Latinx youth for more than 25 months.
Long probation terms significantly increase the likelihood that youth will be charged with probation violations, sometimes resulting in incarceration, and often for minor noncriminal transgressions. This practice is in conflict with the principles of youth development and is consistent with research demonstrating that keeping youth on supervision for longer than six months does not likely result in public safety gains. Guided by this research, juvenile justice experts in the Pew Charitable Trusts’ Public Safety Performance Project have recommended shorter periods of probation for youth in several states.
Further, probation conditions all too often set youth up for failure. Research shows that youth often do not understand what is expected of them even right after they leave the courtroom at the time of disposition. The imposition of long lists of requirements, many of which bear little or no relationship to the behavior that brought the youth before the court, make it difficult for youth to succeed. Juvenile court probation orders in California can include anywhere from five to 56 conditions of probation. Several counties have more than 30. Standard terms and conditions of probation for youth, regardless of level of need, are not always individually tailored and developmentally appropriate to provide adequate support. Evidence supports limiting probation terms and using the incentive of shortening probation terms as a reward for positive behavior showing that this can improve outcomes and reduce costs without compromising public safety.
AB 1376 will address the problems with California’s non-custodial probation system by:
- Ensuring youth on non-custodial probation have their cases reviewed in a hearing within 9 months, and again every 6 months until probation is terminated.
- Maintaining judicial discretion by ensuring judges can grant extensions to probation as needed. Under AB 1376, as long as a judge decides it is “more likely than not” that probation should be extended, they can extend probation.
- Encouraging successful termination by giving young people an achievable goal and clear timelines.
- Requiring probation conditions to be individually tailored, developmentally appropriate, and reasonable.
- Increasing judicial discretion by changing statutorily mandated probation conditions to permissive probation conditions, so that judges are able to make individualized determinations.
- Argument in Opposition
According to the Chief Probation Officers of California:
Probation practices reflect, and we are supportive of, processes to incentivize and support youth in meeting their individualized goals, completing programs and treatment, and being able to safely discharge from wardship as soon as is consistent with their rehabilitative goals and community safety. Additionally, mechanisms currently exist to petition the courts and for courts to review and consider discharge from probation. This bill, however, moves away from individualized approaches and mandates discharge, requires extension by preponderance of evidence, and references that the ward’s best interest shall be considered but not the totality of what is also in the best interest of public safety.
Wardship probation is reserved for circumstances involving more serious offenses and when deemed necessary and appropriate for the safety of the youth and the community. Youth who have been made wards of the court … have been determined by the court to need focused services, programming, and treatment that may extend beyond 9 months … It is important to highlight that wardship can include the most serious and violent 707(b) offenses and therefore the ability of individualized approaches is paramount. This bill establishes a probation term for wardship, which is deemed at the higher end of the juvenile continuum, for shorter durations than diversion or DEJ [deferred entry of judgment].
We are concerned that by setting a presumption for mandatory discharge at 9 months, even with the potential to extend, that it will have unintended public safety consequences. It is important to note that while courts in some counties have established timelines for reviewing, there are none that require the outcomes of that review to be a discharge from probation, nor are there any that have adopted a presumption of discharge from probation. This is because the system is premised on individualized probation terms designed to best meet the rehabilitative and criminogenic needs of each youth and young adult served.
Further, post DJJ realignment, the percentage of the population of youth and young adults subject to county probation who have been adjudicated for the most serious and violent 707(b) offenses has significantly increased, and establishing the presumption of 9-month probation supervision terms is arbitrary. The courts currently have necessary flexibility to make individualized determinations which balance both the needs of the youth and young adults served, and the public safety interests of the communities in which they are supervised and will ultimately reenter.
… The prescriptiveness and scope of applicability of this bill are not in the best interest of public safety or the meaningful rehabilitative work that is done to support wards of the court in making progress to meet their rehabilitative goals, keep communities safe, and reduce victimization.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1376
Author:(Bonta)
As Amended Ver:May 1, 2025
Majority vote
SUMMARY
This bill states that a ward may not remain on probation for a period that exceeds nine months, except that a court may extend the probation period upon proof by a preponderance of the evidence that it is in the ward's best interest to extend probation beyond nine months.
Major Provisions
- Provides that a minor adjudged to be a ward of the court who is subject to a probation order, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds nine months, except as provided.
- Authorizes a court to extend the probation period beyond nine months, for a period not to exceed six months, after a noticed hearing and upon proof by a preponderance of evidence that it is in the ward's best interest, consistent with the purposes of juvenile courts.
- Requires the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing.
- States that the court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
- Requires, in cases in which the court finds by a preponderance of the evidence a basis for extending probation beyond the nine months, the court to state the reasons for the findings orally on the record.
- Requires the court to also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
- States that if the court extends probation, the court shall schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
- Requires the court to comply with exiting specified criteria for terminating jurisdiction over certain wards, however this requirement shall not be a basis for continuing an order imposing terms and conditions of probation.
- Specifies that if the court retains jurisdiction over the ward, the ward shall not be subject to a petition removing a minor from the physical custody of a parent or guardian or a violation of probation.
- States that the bill's provisions on period of probation terms does not preclude termination of a ward's probation before the end of a nine-month period.
- States that this bill's provisions period of probation terms do not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing.
- Amends existing law that requires the court to order specified conditions of probation for a minor adjudged a ward of the court and has not been removed from the custody of their parents or guardians, except of the court finds the condition to be inappropriate, to instead make the conditions permissive.
- Deletes specified conditions of probation regarding the requirement that the ward go to work and earn money for the support of the ward's dependents or to effect reparation and to keep an account of the ward's earning to report to probation and apply those earnings as directed by the court and instead requires conditions of probation to meet all of the following:
- The conditions are individually tailored, developmentally appropriate and reasonable;
- The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions; and,
- The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
- Removes the authority of the court to order the minor to pay a $250 fine or participate in an uncompensated work program in lieu of restitution.
- Contains legislative findings and declarations.
COMMENTS
According to the Author
"Probation is the most common court-ordered outcome for youth in California's juvenile courts, yet there are no clear standards for how long supervision should last. As a result, many young people—particularly youth of color—are placed on probation for indefinite periods, facing unrealistic and overly burdensome conditions that often do more harm than good. Instead of supporting rehabilitation, this approach traps young people in the legal system during critical years of development, increasing the risk of unnecessary detention and contributing to the school-to-prison pipeline.
"AB 1376 creates a fair and balanced framework by establishing a six-month probation timeline with a presumption for dismissal unless the court determines that an extension is in the youth's best interest. This change ensures that probation is focused on supporting growth and accountability, not prolonged punishment. This bill will also require that probation conditions are tailored, developmentally appropriate, and not excessive or punitive. By setting clear limits and expectations, AB 1376 keeps the focus where it belongs—on rehabilitation and helping young people learn from their mistakes so they can move forward with their lives."
Arguments in Support
According to National Center for Youth Law, a co-sponsor of this bill, "In contrast to a growing number of states, California has no statutory limitation on the length of time young people spend under court ordered, non-custodial "wardship" probation supervision—something that was changed in the California adult courts five years ago with AB 1950 (2020). While data are not typically published by California Probation Departments about how long youth spend on probation, a Public Records Act request in 2020 revealed that on average, youth of color are on probation far longer than white youth. Specifically, White youth were on probation for an average of less than 20 months, while Black youth were on probation for an average of nearly 21 months, Asian youth for more than 22 months, and Latino youth for more than 25 months.
"Long probation terms significantly increase the likelihood that youth will be charged with probation violations, sometimes resulting in incarceration, and often for minor noncriminal transgressions. This practice is in conflict with the principles of youth development and is consistent with research demonstrating that keeping youth on supervision for longer than six months does not likely result in public safety gains. Guided by this research, juvenile justice experts in the Pew Charitable Trusts' Public Safety Performance Project have recommended shorter periods of probation for youth in several states.
"Further, probation conditions all too often set youth up for failure. Research shows that youth often do not understand what is expected of them even right after they leave the courtroom at the time of disposition. The imposition of long lists of requirements, many of which bear little or no relationship to the behavior that brought the youth before the court, make it difficult for youth to succeed. Juvenile court probation orders in California can include anywhere from five to 56 conditions of probation on their standard form. Several counties have more than 30. Standard terms and conditions of probation for youth, regardless of level of need, are not always individually tailored and developmentally appropriate to provide adequate support. Evidence supports limiting probation terms and using the incentive of shortening probation terms as a reward for positive behavior showing that this can improve outcomes and reduce costs without compromising public safety.
"AB 1376 will address the problems with California's probation supervision of youth by:
- Creating a presumption that non-custodial wardship probation will be terminated at six months, with the ability to grant extensions to probation supervision if the court determines by a preponderance of the evidence that it is in the youth's best interest to continue probation past the initial six month wardship probation period.
- Requiring probation conditions to be individually tailored, developmentally appropriate, and reasonable.
- Increasing judicial discretion by changing statutorily mandated probation conditions to permissive probation conditions, so that judges are able to make individualized determinations."
Arguments in Opposition
According to Chief Probation Officers of California, "[T]here is a graduated continuum of juvenile responses and dispositions to reflect the needs of the youth and their safety as well as the community. These include, but are not limited to diversion, informal probation, deferred entry of judgement (DEJ), and non-wardship probation that can be used by the court. These are important alternatives to wardship that can be used in cases where deemed suitable.
"Youth who have been made wards have been determined by the court to need focused services, programming, and treatment that may extend beyond 6 months in order to simultaneously achieve improved well-being for the youth and safety for the community.
"Wardship probation is reserved for circumstances involving more serious offenses and when deemed necessary and appropriate for the safety of the youth and the community. We are concerned that by setting a definitive timeline of 6 months, even with the potential to extend, that 6 months wardship will not be deemed suitable for some cases or will not accommodate the length of certain treatment or programs, therefore more stringent alternative dispositions may be considered to potentially include adult court transfers or a secure setting.
"Therefore, we should be looking at how to best balance the shared goal of moving youth successfully off wardship without impeding key treatment or programming they need as identified by the court.
"Below are concerns that underly our opposition:
Applicability to Wards of the Court (Felony and Misdemeanor): This bill treats misdemeanors and felonies the same and applies to youth who are made wards of the court, including WIC 707(b) offenses such as murder, rape, arson, and robbery among other offenses. This bill is impacting youth that have been made wards of the court, and who have been identified as often having higher criminogenic needs that require focused and individualized responses and adequate time necessary to balance and meet the safety and treatment needs of the youth.
Impacts on Dispositions: Six months for wardship cases will not be deemed suitable for some cases or will not accommodate the length of certain treatment or programs, such as sex offender programs, therefore more stringent alternative dispositions may be considered by courts and prosecutors which could potentially include adult court filings or a detention facility setting.
Process of Discharge – Establishing a Presumption: The process currently proposed in the bill sets a presumption for discharge at six months for all non-custodial wardship cases (misdemeanor and felony). This bill establishes a probation term for wardship, which is deemed at the higher end of the juvenile continuum, for shorter durations than diversion or DEJ.
FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
VOTES
ASM PUBLIC SAFETY: 5-1-3
YES: Schultz, Mark González, Bonta, Harabedian, Sharp-Collins
NO: Alanis
ABS, ABST OR NV: Lackey, Nguyen, Ramos
UPDATED
VERSION: May 1, 2025
CONSULTANT: Stella Choe / PUB. S. / (916) 319-3744 FN: 0000303
Date of Hearing:
Deputy Chief Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Nick Schultz, Chair
ABPCA Bill Id:AB 1376
Author:(Bonta) – As Introduced Ver:February 21, 2025
As Proposed to be Amended in Committee
SUMMARY:
This bill states that a ward may not remain on probation for a period that exceeds 9 months, except that a court may extend the probation period upon proof by a preponderance of the evidence that it is in the ward’s best interest to extend probation beyond 9 months. Specifically, this bill:
- Provides that a minor adjudged to be a ward of the court who is subject to a probation order, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 9 months, except as provided.
- Authorizes a court to extend the probation period beyond 9 months, for a period not to exceed 6 months, after a noticed hearing and upon proof by a preponderance of evidence that it is in the ward’s best interest, consistent with the purposes of juvenile courts.
- Requires the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing.
- States that the court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.
- Requires, in cases in which the court finds by a preponderance of the evidence a basis for extending probation beyond the 9 months, the court to state the reasons for the findings orally on the record.
- Requires the court to also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
- States that if the court extends probation, the court shall schedule and hold a noticed hearing for the ward not less frequently than every six months for the remainder of the wardship period.
- Requires the court to comply with exiting specified criteria for terminating jurisdiction over certain wards, however this requirement shall not be a basis for continuing an order imposing terms and conditions of probation.
- Specifies that if the court retains jurisdiction over the ward, the ward shall not be subject to a petition removing a minor from the physical custody of a parent or guardian or a violation of probation.
- States that the bill’s provisions on period of probation terms does not preclude termination of a ward’s probation before the end of a 9-month period.
- States that this bill’s provisions period of probation terms do not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing.
- Amends existing law that requires the court to order specified conditions of probation for a minor adjudged a ward of the court and has not been removed from the custody of their parents or guardians, except of the court finds the condition to be inappropriate, to instead make the conditions permissive.
- Deletes specified conditions of probation regarding the requirement that the ward go to work and earn money for the support of the ward’s dependents or to effect reparation and to keep an account of the ward’s earning to report to probation and apply those earnings as directed by the court and instead requires conditions of probation to meet all of the following:
- The conditions are individually tailored, developmentally appropriate and reasonable;
- The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions; and,
- The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
- Removes the authority of the court to order the minor to pay a $250 fine or participate in an uncompensated work program in lieu of restitution.
- Contains legislative findings and declarations.
EXISTING LAW:
- Provides, generally, that a minor who is between 12 years of age and 17 years of age, inclusive, when the minor violates any law defining a crime, is subject to the jurisdiction of the juvenile court and to adjudication as a ward. (Welf. & Inst. Code, § 602, subd. (a).)
- Provides, effective July 1, 2021, that juvenile court jurisdiction may continue until age 21, except if the wardship is based on the commission of a specified serious offense, the juvenile court may retain jurisdiction until age 23, unless the ward would have faced an aggregate sentence of seven years or more in criminal court, in which case the juvenile court’s jurisdiction would continue until age 25. (Welf. & Inst. Code, § 607, subds. (a) – (c).)
- Authorizes the juvenile court to place a ward of the court on supervised probation. The probation officer may place the ward in a relative's home, a suitable licensed community care facility, or with a foster family agency, as specified, a suitable certified family home, or with a resource family. (Welf. & Inst. Code, § 727.)
- Provides that when a ward is placed under the supervision of the probation officer or committed to the care, custody, and control of the officer, the juvenile court may make any and all reasonable orders for the conduct of the ward, and impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. (Welf. & Inst. Code, § 730, subd (b).)
- Requires the court to order a minor, who is adjudged a ward of the court for committing battery on school property and as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform specified community service. (Welf. & Inst. Code, § 729.)
- Requires the court, for a minor adjudged a ward of the court for commission of a crime which takes place on public transit, and if the court does not remove the minor from the custody of their parent or guardian, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, order the minor to wash, paint, repair or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform specified community service. (Welf. & Inst. Code, § 729.1.)
- Requires a court, if a minor is adjudged a ward of the court and the court does not remove the minor from the custody of their parent or guardian, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall order:
- The minor to attend a school program approved by the probation officer without absence;
- The parents or guardian to participate with the minor in a counseling or education program, unless the minor has been declared a dependent of the court or a petition to declare the minor a dependent of the court has been filed; and,
- The minor to be at their legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by a parent, legal guardian or other adult person having legal care or custody of the minor. (Welf. & Inst. Code, § 729.2.)
- States that if a minor is found to be a ward of the court for committing assault or battery on school or park property, the court shall, in addition to any other fine, sentence, or condition of probation, order the minor to attend counseling at the expense of the minor’s parents. (Welf. & Inst. Code, § 729.6.)
- States that if a minor is found to be a ward of the court for unlawful possession, use, sale, or other furnishing of a controlled substance, as defined, an imitation controlled substance, as defined, or toluene or a toxic, as described, upon the grounds of any school, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business or for use, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform not more than 100 hours of community service. (Welf. & Inst. Code, § 729.8.)
- Requires a court, when recommended by the probation officer, unless it makes a finding that this condition would not serve the interest of justice, a minor who is adjudged a ward of the court for committing an offense involving unlawful possession, use, sale, or other furnishing of a controlled substance, to not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer. (Welf. & Inst. Code, § 729.9.)
- Provides that when a minor is adjudged a ward of the court and is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward including the requirement that the ward go to work and earn money for the support of the ward’s dependents or to effect reparation and in either case that the ward keep an account of the ward’s earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. (Welf. & Inst. Code, § 730, subd. (b).)
- Provides that when a minor is adjudged a ward of the court for committing offenses related to vandalism and defacement of property, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, shall require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minor’s cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. (Welf. & Inst. Code, § 742.16, subd. (a).)
- States that if the cost to repair or replace the property defaced by the minor has been incurred by a public entity, the court shall determine the total costs and order the minor or the minor’s estate to pay those costs. (Welf. & Inst. Code, § 742.16, subd. (b).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Probation is the most common court-ordered outcome for youth in California’s juvenile courts, yet there are no clear standards for how long supervision should last. As a result, many young people—particularly youth of color—are placed on probation for indefinite periods, facing unrealistic and overly burdensome conditions that often do more harm than good. Instead of supporting rehabilitation, this approach traps young people in the legal system during critical years of development, increasing the risk of unnecessary detention and contributing to the school-to-prison pipeline.
“AB 1376 creates a fair and balanced framework by establishing a six-month probation timeline with a presumption for dismissal unless the court determines that an extension is in the youth’s best interest. This change ensures that probation is focused on supporting growth and accountability, not prolonged punishment. This bill will also require that probation conditions are tailored, developmentally appropriate, and not excessive or punitive. By setting clear limits and expectations, AB 1376 keeps the focus where it belongs—on rehabilitation and helping young people learn from their mistakes so they can move forward with their lives.”
- Juvenile Probation Generally: There are a variety of case dispositions available for minors who come before the juvenile court based on commission of a crime. The court may order the minor to participate in a diversion with the Probation Department for six months. (Welf. & Inst. Code, § 654.2) If the minor is not made a ward of the court, the court also order informal probation for a period of six months. (Welf. & Inst. Code, § 725, subd. (a).) For those who are made a ward of the court, the court can order wardship probation either with or without supervision of the Probation Department. The most common disposition is probation with Probation Supervision.[1]
Unlike adult probationers who have a statutory cap of one year probation for misdemeanors and two years’ probation for felonies, except as specified for longer terms by statute, juvenile probation terms under wardship probation do not have a statutory cap on the probation term, with the only statutory limitation being when the court loses jurisdiction over the minor at age 21. (Welf & Inst. Code, § 602.) According to a report by Youth Law Center[2]:
While the court is not required to specify the probation length, the court does have the discretion to set a specific date for probation termination. Current research supports tailoring probation length to the individual youth, with a typical period being no more than six to nine months. The probation term should be shortened for youth who meet probation expectations and should not ever exceed one year. Such an approach is consistent with research showing that youth respond better to incentives rather than punishment, and that shorter probation terms both save costs and produce better outcomes. Whether or not the court sets a definite term, the court has the discretion to terminate probation at any time, and in making that decision must consider the youth’s overall performance on probation. There is no requirement that a youth show perfect compliance in order to complete probation. Instead, the court can dismiss probation if it finds that the youth has “substantially complied” with the purpose of his or her probation, even when the youth has not perfectly complied with all technical requirements. If a youth meets this standard of substantial compliance, he or she has attained “satisfactory completion” of probation, and in most cases the court will then order that the youth’s case be dismissed and sealed. Once a case is sealed, the case is deemed not to have occurred, and the youth has a legal right not to disclose it to employers, educational institutions, or other persons or entities.
This bill sets a presumptive limit of 9 months for minors placed on wardship probation, except that a court may extend the probation period by increments of 6 months upon proof by a preponderance of the evidence that it is in the ward’s best interest. According to information provided by the sponsors of this bill, average probation periods vary by county and it is difficult to get a clear picture of the overall practice of each county because the data is not readily available. Based on an information gathered from a Public Records Act request for the period covering January 2018 to July 2020, 18 counties provided information showing that some counties had a median probation period for juveniles being as low as 5 months in Solano County and 6 months in Amador, El Dorado, Lassen and Tulare Counties. Some counties provided average length of probation based on race and ethnicity which showed that on average youth of color spend longer periods of time on probation: white youth spent an average of 19.7 months, Latino youth spent an average of 25.1 months, Asian youth spent an average of 22.2 months, and Black youth spent an average of 20.9 months.
Opponents of this bill argue that a presumptive limit does not take into account the time and work involved in delivering services necessary for the youth on wardship probation. These services may include counseling, skill-building, or family therapy and may take weeks to initiate and months to complete. Opponents also state that in order to accommodate the length of certain treatment or programs, the courts may end up ordering more stringent alternative dispositions to potentially include adult court transfers or a secure setting.
- Juvenile Probation Conditions: A juvenile court may impose on a minor on probation “any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.” (Welf. & Inst. Code, § 730, subd. (b).) “A juvenile court enjoys broad discretion to fashion conditions of probation for the purpose of rehabilitation and may even impose a condition of probation that would be unconstitutional or otherwise improper so long as it is tailored to specifically meet the needs of the juvenile.” (In re Josh W. (1997) 55 Cal.App.4th 1, 5; In re Sheena K. (2007) 40 Cal.4th 875, 889.)
In People v. Lent (1975) 15 Cal.3d 481, the California Supreme Court articulated the following test to determine whether a probation condition constitutes an abuse of discretion: “A condition of probation will not be held invalid unless it '(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality.’” (Id. at p. 486.) “This test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term.” (People v. Olguin (2008) 45 Cal.4th 375, 379.) “As such, even if a condition of probation has no relationship to the crime of which a defendant was convicted and involves conduct that is not itself criminal, the condition is valid as long as the condition is reasonably related to preventing future criminality.” (Id. at pp. 379-380.) The Lent test applies to juvenile probation conditions. (In re P.O. (2016) 246 Cal.App.4th 288, 294; In re D.G. (2010) 187 Cal.App.4th 47, 52.)
Conditions of probation may include, among many other options, electronic monitoring, drug screening, education programs, participation in probation-required programs or community service. Research shows that placing too many conditions on juveniles during probation makes it more difficult to complete all requirements and in turn decreases their likelihood of successfully completing probation.[3] Additionally, the placement of more probation requirements increased the risk of technical violations and shorter time to violation.[4]
Counties vary on the number of standard probation conditions listed on their forms. For example, Los Angeles County has 56 probation conditions on their standard form, compared to several other counties that have 30. Using standard forms with a long list of available conditions increases the chances of excessive and boilerplate conditions being applied making it more difficult for a juvenile to comply with all of the conditions ordered. Comparatively, the National Council of Juvenile and Family Court Judges suggests that probation orders or conditions should be limited to ideally four or fewer probation conditions with the most effective condition being an expectation that the youth will cooperate with the probation officer in developing the case plan and pursue case plan goals to the best of their ability.[5]
This bill requires conditions of probation for a juvenile to be individually tailored, developmentally appropriate, and reasonable. Furthermore, the bill states that the burdens imposed by the conditions shall be proportional to the legitimate interests served by the conditions and determined by the court to be fitting and proper. The bill also amends existing provisions of law that requires a court to order specified conditions of probation for certain crimes to make them permissive instead.
- Juvenile Justice Realignment: In 2020, the Legislature passed Senate Bill 823 (Committee on Budget and Fiscal Review) which established a process for realigning California’s juvenile system by phasing out the state’s youth prison system, the Division of Juvenile Justice, and transferring the responsibility for managing all youthful offenders to local jurisdictions.[6]
Among other things, SB 823 stated the intent of the Legislature to establish a separate dispositional track for higher-need youth by March 1, 2021. In order to implement Senate Bill 823, in 2021, the Legislature passed Senate Bill 92 (Committee on Budget and Fiscal Review) which authorized counties to establish secure youth treatment facilities for the placement of wards who were adjudicated for specified serious offenses when the juvenile was age 14 or older, as specified. (Welf. & Inst. Code, § 875.) At the conclusion of a baseline confinement term, a ward could be discharged to a period of probation supervision in the community under conditions approved by the court, unless the court finds that the ward constitutes a substantial risk of imminent harm to others in the community if released from custody. (Welf. & Inst. Code, § 875, subd. (e)(3).) The court could also discharge a ward to a program of probation supervision. The court would determine the reasonable conditions of probation that are suitable to meet the developmental needs and circumstances of the ward and to facilitate the ward’s successful reentry into the community. If the ward was discharged to a program of probation supervision, the court would be required to periodically review the ward’s progress and make any additional orders deemed necessary in order to facilitate the provision of services or to otherwise support the ward’s successful reentry into the community. (Welf. & Inst. Code, § 875, subd. (e)(4).) If the ward failed to materially comply with the reasonable orders of probation imposed by the court, the court could order that the ward be returned to custody in the secure youth treatment facility for the remainder of the presumptive term initially ordered by the court, subject to review hearings. (Ibid.)
The court may, upon the motion of the probation department or ward, order that the ward be transferred from a secure youth treatment facility to a less restrictive program, such as such as a halfway house, a camp or ranch, or a community residential or nonresidential service program. The purpose of a less restrictive program is to facilitate the safe and successful reintegration of the ward into the community. (Welf. & Inst. Code, § 875, subd. (f)(1).) The court shall consider the recommendations of the probation department on the proposed change in placement. Approval of the request for a less restrictive program shall be made only upon the court’s determination that the ward has made substantial progress toward the goals of the individual rehabilitation plan and that placement is consistent with the goals of youth rehabilitation and community safety. (Ibid.) In transferring a ward to a less restrictive program, the court may require the ward to observe reasonable conditions and shall set the length of time the ward is to remain in the less restrictive program, not to exceed the remainder of the baseline or modified baseline term. (Welf. & Inst. Code, § 875, subd. (f)(2).) If, after placement in a less restrictive program, the court determines that the ward has materially failed to comply with the court-ordered conditions of placement in the program, the court may modify the terms and conditions of placement in the program or may order the ward to be returned to a secure youth treatment facility for the remainder of the baseline term, or modified baseline term, and subject to further periodic reviews and to the maximum confinement set by the court. (Ibid.)
This bill specifies that the bill’s presumptive maximum of 9 months’ probation period does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program, as specified, and who is subject to any remaining baseline or modified baseline term until the ward is discharged pursuant to a probation discharge hearing.
- Veto of Similar Legislation: AB 503 (M. Stone) from 2022 was substantially similar to this bill. The bill was vetoed by the Governor. The Governor’s veto message stated:
“This bill would limit the period of time in which a court may place a ward of the court on probation to six months and extend probation in six month increments upon proof that it is in the best interest of the ward.
“I support juvenile justice reform and rehabilitation, which is why, in 2020, I led the effort to realign juvenile justice in California. Realignment is an important reform that has impacted every step of the juvenile justice process, from placement decisions to discharge. County probation has had to work swiftly to adapt to providing care and programming to a new population.
“Realignment will not be final until the Division of Juvenile Justice closes in June of next year. As counties prepare for the full implementation of realignment, I am concerned that changes to the juvenile justice system, like those outlined in this legislation, create additional workload for the courts and probation during realignment. I am also concerned about costs driven by the increased number of hearings, the courts estimate that this increased workload will cost millions of dollars.”
According to the sponsors of the bill, now that juvenile realignment has been completed, moving towards shorter probation periods for those juveniles who don’t need longer terms will ultimately reduce probation workloads. Additionally, while the court hearings will come with a cost, that cost may be offset by savings from not having juveniles on supervised probation for longer than needed.
- Argument in Support: According to National Center for Youth Law, a co-sponsor of this bill, “In contrast to a growing number of states, California has no statutory limitation on the length of time young people spend under court ordered, non-custodial “wardship” probation supervision—something that was changed in the California adult courts five years ago with AB 1950 (2020). While data are not typically published by California Probation Departments about how long youth spend on probation, a Public Records Act request in 2020 revealed that on average, youth of color are on probation far longer than white youth. Specifically, White youth were on probation for an average of less than 20 months, while Black youth were on probation for an average of nearly 21 months, Asian youth for more than 22 months, and Latino youth for more than 25 months.
“Long probation terms significantly increase the likelihood that youth will be charged with probation violations, sometimes resulting in incarceration, and often for minor noncriminal transgressions. This practice is in conflict with the principles of youth development and is consistent with research demonstrating that keeping youth on supervision for longer than six months does not likely result in public safety gains. Guided by this research, juvenile justice experts in the Pew Charitable Trusts’ Public Safety Performance Project have recommended shorter periods of probation for youth in several states.
“Further, probation conditions all too often set youth up for failure. Research shows that youth often do not understand what is expected of them even right after they leave the courtroom at the time of disposition. The imposition of long lists of requirements, many of which bear little or no relationship to the behavior that brought the youth before the court, make it difficult for youth to succeed. Juvenile court probation orders in California can include anywhere from five to 56 conditions of probation on their standard form. Several counties have more than 30. Standard terms and conditions of probation for youth, regardless of level of need, are not always individually tailored and developmentally appropriate to provide adequate support. Evidence supports limiting probation terms and using the incentive of shortening probation terms as a reward for positive behavior showing that this can improve outcomes and reduce costs without compromising public safety.
“AB 1376 will address the problems with California’s probation supervision of youth by:
● Creating a presumption that non-custodial wardship probation will be terminated at six months, with the ability to grant extensions to probation supervision if the court determines by a preponderance of the evidence that it is in the youth’s best interest to continue probation past the initial six month wardship probation period.
● Requiring probation conditions to be individually tailored, developmentally appropriate, and reasonable.
● Increasing judicial discretion by changing statutorily mandated probation conditions to permissive probation conditions, so that judges are able to make individualized determinations.”
- Argument in Opposition: According to Chief Probation Officers of California, “[T]here is a graduated continuum of juvenile responses and dispositions to reflect the needs of the youth and their safety as well as the community. These include, but are not limited to diversion, informal probation, deferred entry of judgement (DEJ), and non-wardship probation that can be used by the court. These are important alternatives to wardship that can be used in cases where deemed suitable.
“Youth who have been made wards have been determined by the court to need focused services, programming, and treatment that may extend beyond 6 months in order to simultaneously achieve improved well-being for the youth and safety for the community.
“Wardship probation is reserved for circumstances involving more serious offenses and when deemed necessary and appropriate for the safety of the youth and the community. We are concerned that by setting a definitive timeline of 6 months, even with the potential to extend, that 6 months wardship will not be deemed suitable for some cases or will not accommodate the length of certain treatment or programs, therefore more stringent alternative dispositions may be considered to potentially include adult court transfers or a secure setting.
“Therefore, we should be looking at how to best balance the shared goal of moving youth successfully off wardship without impeding key treatment or programming they need as identified by the court.
“Below are concerns that underly our opposition:
• Applicability to Wards of the Court (Felony and Misdemeanor): This bill treats misdemeanors and felonies the same and applies to youth who are made wards of the court, including WIC 707(b) offenses such as murder, rape, arson, and robbery among other offenses. This bill is impacting youth that have been made wards of the court, and who have been identified as often having higher criminogenic needs that require focused and individualized responses and adequate time necessary to balance and meet the safety and treatment needs of the youth.
• Impacts on Dispositions: Six months for wardship cases will not be deemed suitable for some cases or will not accommodate the length of certain treatment or programs, such as sex offender programs, therefore more stringent alternative dispositions may be considered by courts and prosecutors which could potentially include adult court filings or a detention facility setting.
• Process of Discharge – Establishing a Presumption: The process currently proposed in the bill sets a presumption for discharge at six months for all non-custodial wardship cases (misdemeanor and felony). This bill establishes a probation term for wardship, which is deemed at the higher end of the juvenile continuum, for shorter durations than diversion or DEJ.
- Related Legislation:
- AB 22 (DeMaio), among other things, would remove from the juvenile court’s jurisdiction specified crimes committed by minors, requiring those crimes to be tried in a court of criminal jurisdiction. AB 22 was held in this committee.
- AB 1279 (Sharp-Collins) prohibits juvenile adjudications from counting as a prior “strike” for purposes of the Three Strikes Law. AB 1279 is pending hearing in Assembly Appropriations Committee.
- Prior Legislation: AB 503 (M. Stone), of the 2021-2022 Legislative Session, was substantially similar to this bill. AB 503 was vetoed.
REGISTERED SUPPORT / OPPOSITION:
Support
Haywood Burns Institute (co-sponsor)
National Center for Youth Law (co-sponsor)
Western Center on Law & Poverty (co-sponsor)
ACLU California Action
Alianza for Opportunity
All of US or None (HQ)
Alliance for Boys and Men of Color
Alum Rock Counseling Center
Anti Recidivism Coalition
Arts for Healing and Justice Network
Black Parallel School Board
Brown Issues
Building Healthy Communities Monterey County
California Alliance for Youth and Community Justice
California Alliance of Child and Family Services
California Attorneys for Criminal Justice
California Public Defenders Association (CPDA)
California United for a Responsible Budget (CURB)
California Youth Defender Center
Californians for Safety and Justice (CSJ)
Californians United for a Responsible Budget
Cancel the Contract
Center on Juvenile and Criminal Justice
Ceres Policy Research
Children Now
Children's Defense Fund-California
Communities United for Restorative Youth Justice (CURYJ)
Community Interventions
Conxion to Community
Courage California
Debt Free Justice California
Disability Rights California
Drug Policy Alliance
Ella Baker Center for Human Rights
End Child Poverty California Powered by Grace
Freedom 4 Youth
Fresh Lifelines for Youth (FLY)
Grace Institute - End Child Poverty in CA
Hoops4justice
Human Rights Watch
Immigrant Legal Resource Center
Initiate Justice
Initiate Justice Action
Integral Community Solutions Institute
Justice Policy Institute
Justice2jobs Coalition
LA Defensa
Legal Services for Prisoners With Children
Local 148 LA County Public Defenders Union
Messaging for Success
Milpa Collective
Nasw California
National Compadres Network
Peace and Justice Law Center
Rubicon Programs
Ryse Youth Center
San Francisco Public Defender's Office
Santa Cruz Barrios Unidos
Sigma Beta Xi, INC. (sbx Youth and Family Services)
Silicon Valley De-bug
Sister Warriors Freedom Coalition
Smart Justice California, a Project of Tides Advocacy
Starting Over INC.
Starting Over Strong
The Collective for Liberatory Lawyering
Urban Peace Institute
Urban Peace Movement
Youth Alliance
Youth Forward
Youth Justice Coalition
Youth Law Center
Opposition
Bargaining Unit (BU) 702 - SEIU 721 Joint Council
California District Attorneys Association
Chief Probation Officers' of California (CPOC)
Los Angeles County Probation Officers Union, Afscme Local 685
Riverside County District Attorney
Riverside Sheriffs' Association
Sacramento County Probation Association
San Diego County Probation Officers Association
San Joaquin County Probation Officers Association
San Mateo County Probation Detention Association
State Coalition of Probation Organizations
Ventura County Professional Peace Officers Association
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744
A Legal Map of Youth Probation in California, Youth Law Center (Aug. 2020) < ylc-part5-youth-probation-final.pdf> at p. 2 (accessed Apr. 14, 2025). ↑
Id. at p. 8. ↑
Dir et al, Psychology & Public Policy Law, The point of diminishing returns in juvenile probation: Probation requirements and risk of technical probation violations among first-time probation-involved youth (May 2021) at p. 4. ↑
Id. at p. 1. ↑
The Role of the Judge in Transforming Juvenile Probation: A Toolkit for Leadership, National Council of Juvenile and Family Court Judges (2021) at p. 36. ↑
See Sen. Comm. on Budget and Fiscal Review. Floor Analysis of Sen. Bill No. 823 (2019-2020 Reg. Sess.) as amended August 28, 2020, p. 1. ↑
Bill Author
