AB 1376: Wards: 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.