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Juvenile Justice and Youth Crime Prevention Bills Introduced in the 2007 Session of the California Legislature
March 12, 2007
Digested by David Steinhart, Director, Commonweal Juvenile Justice Program
This report includes brief descriptions of bills introduced in the California Legislature on the topics of juvenile justice, youth corrections, youth crime and violence prevention and probation foster care. Descriptions cover the bills as introduced. Status reports (committee assignments) are current to March 12 , 2007. (Note: many bills do not yet have first hearing dates set).
ASSEMBLY BILLS
AB104 (Solorio, D. - Anaheim). Gang injunctions. Requires the state Attorney General and local criminal justice agencies to assist city attorneys seeking injunctions against criminal gangs by providing them with criminal history information. Passed Assembly Public Safety, to Assembly Appropriations Committee.
AB161 (Bass, D- L.A.), Anti-recidivism grants. Would establish a competitive grant program administered by the state Department of Justice to award funds to community-based organizations working with local law enforcement to provide re-entry services (e.g., vocational, substance abuse, mental health) to local jail inmates No appropriation. To Assembly Public Safety Committee.
AB228 (Strickland, R. - Moorpark). Penalty for battery by in-custody juvenile. Doubles the maximum jail sentence for misdemeanor battery (to one year from six months) if committed while "in custody" and defines "in custody" to include "under the charge of a probation officer" or commitment in a juvenile hall, camp or ranch. To Assembly Public Safety Committee.
AB247 (Gaines, R.- Roseville). Adult court crime list. Adds, to the WIC 707(b) list of crimes for which minors may be tried as adults, the crimes of vehicular manslaughter while intoxicated and vehicular manslaughter during the course of a speed contest. To Assembly Public Safety Com.
AB301 (Soto, D. - Ontario). California Gang Prevention Director. Creates the position of Gang Prevention Director within the Department of Justice with listed responsibilities. To Assembly Public Safety Committee.
AB360 (Carter, D- Rialto). Purpose of the Juvenile Court Law. Overhauls the "purpose section" of the California Juvenile Court Law (WIC Sec. 202) to incorporate "restorative justice" principles and priorities including community protection, accountability to victims and competency development. Deletes current statutory objectives for delinquency jurisdiction including the phrase "such punishment as may be consistent" with rehabilitation and the goals of family preservation and family reunification. Authorizes the Chief Deputy Secretary for Juvenile Justice (in CDCR) to establish "restorative justice centers" in counties throughout the state. To Assy. Public Safety Com.
AB407 (Swanson, D- Oakland). Probation Youth Success Act. Establishes pilot programs through offices of education in Los Angeles and Alameda Counties. The pilots would provide comprehensive services to selected wards age 15-18 in juvenile probation camps and ranches including vocational, educational, mental health, and re-entry support services. No appropriation. Double referred to Assembly Education and Public Safety Committees.
AB499 (Swanson, D. - Oakland). Sexually exploited minors. Defines "sexually exploited minor" to include any minor who is taken into custody by a peace officer for a violation of Penal Code Section 647 (a) or (b) (lewd or dissolute conduct, prostitution), or Penal Code Section 653.22-.23 (loitering, pimping). Requires that a sexually exploited minor be taken on apprehension to a "secure protective facility" designated by the county that offers "victim services to establish a safety plan and secure appropriate placement for the minor". Allows custody in such cases "in excess of 48 hours" to establish the safety plan and placement. Disallows, for sexually exploited minors taken into protective custody, related criminal prosecutions or juvenile court proceedings. To Assembly Public Safety Committee.
AB508 (Swanson, D. - Oakland), Alternatives to juvenile incarceration. Spot bill expressing intent of the Legislature to enact recommendations of the Dellums Commission report on the incarceration of young men of color ("A Way Out...", Center for Political and Economic Studies, Health Policy Institute). Not yet assigned to committee.
AB528 (Aghazarian, R. - Stockton). "Tag, You're It Act of 2007". Establishes a graffiti prevention pilot program in 5 counties through the Office of Emergency Services to provide grants to law enforcement agencies for the prosecution of graffiti offenses, for cleanup projects performed by graffiti vandals and for school- and gang-based graffiti prevention programs. Appropriates $5 million to OES for the program. Not yet assigned to committee.
AB539 (Blakeslee, R. - San Luis Obispo). Dept. of Corrections and Rehabilitation. Declares that the primary objective of the California Department of Corrections and Rehabilitation is public safety, and that this purpose was not altered by renaming the Department in 2005. Not assigned.
AB589 (Levine, D. - Van Nuys). Teen Dating and Sexual Violence. Establishes a state Task Force on Teen Dating and Sexual Violence in the Department of Education to collect data and produce model school policies and protocols on dating and sexual violence; to train school personnel; and to issue statewide recommendations. Requires school districts, by August 2010, to implement new policies and protocols on dating/sexual violence in middle and high schools, and requires school districts to collect and publish annual statistics on incidents of date and sexual violence. Requires comprehensive school safety plan to address dating/sexual violence. Adds date/sexual violence to the Ed. Code list of suspension/expulsion behaviors. Adds new curriculum requirements on date/sexual violence. Makes related code changes. No appropriation. No committee assignment.
AB638 (Bass- D.- L.A. and Maze, R. - Visalia). Dual jurisdiction, child welfare services. Requires both the probation department and the child welfare department to submit a disposition recommendation to the juvenile court when a child who was formerly a dependent ward (WIC 300) is alleged to come under the court's jurisdiction as a delinquent (WIC 601 or 602) ward. Requires specific child welfare services to be made available to a minor who becomes a WIC 601 or 602 court ward under these circumstances. To the Assembly Judiciary Committee, hearing 4/10/07.
AB639 (Hancock, D. - Berkeley). Alternatives to juvenile incarceration. Declares the intent of the Legislature to expand the use of youth courts and drug courts and to provide for a continuum of juvenile justice interventions from detention through re-entry. Also, declares legislative intent to implement the recommendations of the Dellums Report, "A Way Out", on alternatives to incarceration for young men of color. Not yet assigned to committee.
AB658 (Bass, D.- L.A.). Homicide among African-Americans. Requires the State Department of Health Care Services to submit a report to the Legislature by July 2008 on homicides among African-Americans in California, including listed trends and data points. Requires the same Department to implement multi-disciplinary pilot programs in Los Angeles and Oakland to address the problem. No appropriation. To Assembly Health Committee, hearing 3/27/07.
AB672 (Beall, D. - San Jose). Children of color in child welfare and foster care. Requires the California Child Welfare Council to produce a report on the disproportionate representation of children of color in the child welfare and foster care systems, by 1/1/09, and describes related responsibilities for the Council. To Assembly Human Services Committee, hearing 3/27/07.
AB686 (Gaines, R. - Roseville). Juvenile fitness hearings. Amends Proposition 21 by lowering, from 16 to 14, the age at which minors charged with listed serious crimes (WIC 707 (b) are presumed unfit for the juvenile system and may be transferred to an adult criminal court. Sought by prosecutors to cure an alleged drafting error in Proposition 21. Also, expands the list of firearm offenses for which the prosecutor may "direct file" juvenile cases in adult court. To the Assembly Public Safety Committee.
AB743 (Solorio, D. - Anaheim). School security officers. Requires every school district to maintain a minimum ratio of one school security officer for each 500 pupils in middle and high schools. To Assembly Education Committee.
AB755 (Lieber, D. - Mt. View). Corporal punishment. Makes it a misdemeanor to willfully cause any child to suffer, to inflict any unjustifiable physical pain or mental suffering on a child, or to permit the child to be placed in a situation endangering the child's person or health. Under circumstances likely to produce great bodily harm or death, these acts become felonies punishable by 2-4-6 years in state prison. Creates a rebuttable presumption that the infliction of pain is unjustifiable if it results from using a stick, rod, switch, cord, broom or shoe, or results from kicking, burning or cutting, closed-fist striking, shaking (child under 3), interference with breathing or threat with a deadly weapon. Sets out minimum penalties and terms of probation. To the Assembly Public Safety Committee.
AB802 (Salas, D. - Chula Vista). Gang violence prevention. Establishes the California Commission on Gang Prevention and Intervention to coordinate state and local gang violence prevention efforts. The Commission would be chaired by a designee of the Attorney General and would be comprised of designated state and local officials and community stakeholders. To the Assembly Public Safety Committee, hearing scheduled for 3/27/07.
AB810 (Lieu, D. - Torrance). School safety plans. Requires schools to make copies of school safety plans available to parents on request and requires notification to parents and others of revisions to school safety plans. To the Assembly Education Committee.
AB875 (Davis, D. - L.A.). Neighborhood crime surveillance. Declares the intent of the Legislature to establish the Safe Communities through Technology Program to fund cities to develop electronic surveillance of streets in high-crime neighborhoods. Not yet assigned to committee.
AB894 (Nakanishi, R. - Lodi). Criminal street gang penalty enhancement. Amends Proposition 21 to impose an additional 10 year prison term for criminal street gang felonies that are punishable by life sentences. To the Assembly Public Safety Committee.
AB1029 (Caballero, D. - Salinas). Youth mentoring grant program. Spot bill stating the intent of the Legislature to establish a mentoring grant program for at-risk and minority youth to prepare them for careers in law enforcement and criminal justice and to reduce youth crime. Not yet assigned.
AB1033 (Caballero, D. - Salinas). Inducing minor to join criminal gang. Amends Penal Code Section 272 (contributing to the delinquency of a minor) by making it a misdemeanor to cause, encourage or induce any minor to become a member of a criminal street gang as defined in Penal Code Section 186.22 (f). To the Assembly Public Safety Committee.
AB1049 (Solorio, D. - Anaheim). Parole re-entry programs for 18-24 year olds. Requires the Dept. of Corrections and Rehabilitation to establish re-entry programs for prison parolees aged 18-24 discharged to the cities of Gardena, Visalia, San Francisco, Los Angeles, Moreno Valley, San Diego, Anaheim, El Monte, San Jose, Venice, Fresno and Marysville. To Assembly Public Safety Com.
AB1133 (Dymally, D. - Compton). Three Strikes Reform Act. Reduces mandatory minimum prison terms for repeat felony offenders whose strike crimes are not a serious or violent felony, as defined, with listed exceptions and technical changes. Not yet assigned to committee.
AB1290 (Mendoza, D. - Norwalk). Criminal street gangs. Spot bill stating legislative intent to reduce gang activity and violence. Not yet assigned.
AB1291 (Mendoza, D. - Norwalk). Graffiti. Spot bill stating intent to reduce graffiti. Not assigned.
AB1292 (Mendoza, D. - Norwalk). Fred C. Nelles (CYA) School site.. States Legislative intent that the Fred C. Nelles (former Youth Authority) site in Whittier not be re-activated as a correctional facility and that a plan be developed for multipurpose use of the property. Not yet assigned
AB1299 (Fuller, R. - Bakersfield). Access to juvenile court records. Permits a member of a multi-disciplinary team engaged in the prevention, identification and treatment of child abuse to have access to juvenile court case files, and imposes confidentiality requirements on MDT personnel having such access. Not yet assigned.
AB1300 (Price, D.- Inglewood). Family Connection and Young Offender Rehabilitation Act. Requires the state Division of Juvenile Justice to encourage wards confined in its facilities to communicate with family members, clergy and others. Also requires DJJ to reduce economic and disciplinary barriers to telephone calls between wards and their families, clergy and counsel. Requires DJJ, when assigning a ward to an institution, to confine the ward "whenever possible" in an institution or facility near his or her family. Adjusts other DJJ visitation policies. Not yet assigned.
AB1330 (Evans, D. - Santa Rosa). Foster children, psychotropic drugs. Requires the state Department of Social Services to collect and maintain information on any foster youth who is prescribed a psychotropic medication, and requires the department to monitor whether these youth are receiving appropriate medical care and supervision before and after the prescription of the medication. Not yet assigned.
AB1331 (Evans, D. - Santa Rosa). Foster children, federal benefits. Requires each county to screen each foster youth in its care starting at age 16 and a half to determine whether the youth is eligible for federal social security or SSI/SSP disability benefits, and if the youth is found to be eligible, requires the county to apply for benefits on the youth's half. Requires benefits to be reserved starting 90 days before the youth's 18th birthday and to be paid directly to the youth to assist in the transition from foster care. Not yet assigned to committee.
AB1381 (Nunez, D. - L.A.). Gang violence. Declares the intent of the Legislature to create a statewide entity to develop policies, programs and strategies to deal with gang violence. Not yet assigned to committee.
AB1405 (Maze, R. - Visalia). Access to juvenile records. Authorizes current members of the Legislature to inspect a juvenile case file pertaining to a deceased child who was within the jurisdiction of the Juvenile Court as a dependent ward. Not yet assigned to committee.
AB1453 (Soto, D. - Ontario). Residentially based children's services. Reintroduces last year's stalled bill to overhaul the state children's group home placement and payment system. Requires the state Department of Social Services to work with public and private nonprofit stakeholders to produce a plan to transform the group care system by creating legal and funding structures for "residentially based services". Residentially based services are defined as "behavioral or therapeutic interventions in non-detention group care settings" with an emphasis on intensive, short-term interventions. The bill would allow DSS to approve a voluntary agreement between a county and a private nonprofit provider to establish a residentially based services program meeting listed criteria. The state DSS Director is authorized to waive regulations and to approve alternative funding models (other than the current Rate Classification Level scheme) to support these voluntary residentially based service programs, subject to listed conditions. Not yet assigned to committee.
AB1494 (DeSaulnier, D- Martinez). Publicly operated children's group homes. Permits Contra Costa County (along with San Mateo County under current law) to operate a children's group home as a public entity. These are exceptions to the general requirement that operators of children's group homes in California must be private nonprofit agencies. Not yet assigned to committee.
AB1514 (Maze, R. - Visalia). Delinquent wards, psychotropic medication. Extends the requirement of current law-- that only a juvenile court judicial officer can authorize the administration of psychotropic medications to a dependent child who is removed from the physical custody of parents--to WIC 602 (delinquent) wards in out-of-home placements. Not assigned.
AB1547 (Beall, D. - San Jose). Termination of juvenile court jurisdiction. Alters current procedures on termination of juvenile jurisdiction over wards 18 and older, by authorizing the juvenile court to require the ward's presence in a court termination hearing and by authorizing the court also to require the probation officer to verify that certain information, documents and services have been provided to the ward. Not yet assigned to committee.
AB1573 (Niello, R. - Fair Oaks). Delinquent wards, psychotropic medication. Extends the requirement of current law--that only a juvenile court judicial officer can authorize psychotropic medication for a dependent (WIC 300 ward)--to WIC 601 (status offender) and WIC 602 (delinquent) wards. Sets out related procedures. Not yet assigned.
AB1623 (Villines, R. - Clovis). Division of Juvenile Justice. Spot bill making a non-substantive change to WIC Section 1000 which updates all code references to the former California Youth Authority to the "Division of Juvenile Facilities". Not yet assigned to committee.
AB1625 (Solorio, D. - Anaheim). Criminal street gangs. Spot bill making a non-substantive change to Penal Code Section 186.22, relating to criminal street gangs. Not yet assigned.
AB1630 (Runner, R. - Lancaster). Gang registration. Amends the gang registration law adopted by voters in 2000 (Proposition 21) to add the requirement that a person required to register as a gang member must update the registration annually and upon changing residence. Specifies that violation of the gang registration law is a misdemeanor. Not yet assigned to committee.
SENATE BILLS
SB 39 (Migden, D.- San Francisco). Juvenile court records. Spot bill making non-substantive changes to WIC Sec. 827 listing persons who are authorized to have access to juvenile case files. Not yet assigned to policy committee.
SB 119 (Cedillo, D. - L.A.). Drug Medical Services for youth age 12-20. Adds, to the list of services presently covered by Medical, listed drug-alcohol treatment services for persons age 12-20 including residential treatment, family counseling, aftercare and case management. Requires the Dept. of Health Care Services to apply to the federal government for an amendment to the state plan to support federal payments for these additional services. To Senate Health Committee, hearing scheduled for 3/14/07.
SB 165 (Ashburn, R. - Bakersfield). Deferred entry of judgment. Removes the age limit of 14 from eligibility criteria for Deferred Entry of Judgment, the Proposition 21 program of supervision, with the option of dismissal upon completion, that is available to minors with first-time felony charges. To Senate Public Safety Committee.
SB 265 (Romero, D. - L.A.). Female wards in the Division of Juvenile Justice. Spot bill stating the legislative finding that girls in DJJ facilities require gender-specific programming and placement differing from that provided to male wards of the court. Not yet assigned to policy committee.
SB 267 (Romero, D. - L.A.) Division of Juvenile Justice. Spot bill making non-substantive changes to WIC Section 1000 which substitutes the Division of Juvenile Facilities, created by Corrections Reorganization in 2005, for all code references to the now defunct California Youth Authority. Not yet assigned to committee.
SB 271 (Cedillo, D. - L.A.). Gang injunctions, civil damages. Allows city or district attorneys in cities with populations exceeding 375,000 to file actions for civil damages against gang members. Under current law the action must be brought by the state Attorney General. To Sen. Public Safety.
SB 348 (Migden, D. - San Francisco). Transition guardians and funds for foster youth. Requires the Juvenile court to appoint a transition guardian for each minor in foster care who is between 16-18 years of age to assist the minor with the transition to independence. The bill describes (but does not formally establish) a state fund that would distribute vouchers and dollars to transitioning foster youth, monthly up to age 24, based on a median amount spent by parents spend on children over 18. To the Senate Judiciary Committee.
SB 390 (Runner, R. - Lancaster). Mandatory electronic monitoring for gang offenses. Requires the Juvenile Court, as a condition of probation for any minor found to be a WIC 601 or 602 ward for the commission of any gang-related offense, to order the minor to wear an electronic monitoring device and to remain on house arrest for an unstated period of time. Imposes the same requirement on the Board of Parole Hearings as a condition of parole for DJJ wards after commitment on a gang-related offense. To Senate Public Safety Committee.
SB 518 (Migden, D.- San Francisco). Division of Juvenile Justice, Youth Bill of Rights. Spot bill stating the intent of the Legislature to establish a Youth Bill of Rights within the state Division of Juvenile Justice. Not assigned to policy committee.
SB 550 (Ashburn, R. - Bakersfield). Sentence enhancement for gang offenses near parks. Extends the prison sentence enhancements for felony gang offenses within 1,000 feet of schools (additional 4-10-15 years) to felony gang offenses committed "within 1,000 feet of a public or private park where children regularly gather". To Senate Public Safety Committee.
SB 575 (Calderon, D. - Montebello). Sale of former Nelles School (CYA) site. States intent of the Legislature to facilitate the sale of the closed Fred Nelles School property in Whittier. Not assigned.
SB 648 (Calderon, D. - Montebello). Foster care rights for children who have committed crimes. Existing law (WIC Section 16001.9) lists specific rights, such as freedom from various forms of abuse and grievance rights, for children in foster care. This bill explicitly extends these rights to children in foster care even if they have committed a public offense or crime. To Senate Human Services Committee.
SB 651 (Calderon, D. - Montebello). Graffiti offenses. Spot bill on penalties for graffiti crimes. Not yet assigned to committee.
SB 657 (Runner, R - Lancaster). Criminal street gangs. Spot bill on gang crimes. No assignment.
SB 690 (Calderon, D. - Montebello). Criminal history information for scholars and journalists. Authorizes local criminal justice agencies (mainly law enforcement) to release summary criminal information histories (personal data related to arrests) to any person submitting a written request for the information accompanied by a declaration under penalty of perjury that the request is made for a "scholarly or journalistic purpose" and that "release of the information would enhance public safety, the interest of justice or the public's understanding of the justice system". To Sen. Public Safety.
SB 844 (Calderon, D. - Montebello). Expansion of "safe school" zones and penalties. Amends Penal Code sections to extend safe school zones and related penalties in various ways including: "school safe" zones for prohibited persons and activities expand to 1,500 from 1,000 feet; prohibited persons and activities (suspended students, dismissed employees, persons causing disruptions, others) apply private as well as public schools; new restrictions are applied to drug and sex offenders entering school safety zones; criminal penalties for safe zone offenses are increased. To Senate Public Safety Committee.
SB 845 (Cogdill, R.- Modesto). Amenability evaluations by the Division of Juvenile Justice. Spot bill making non-substantive changes to WIC 707.2 which provides that a criminal court may, prior to sentencing a minor transferred to its jurisdiction, remand the minor to the Division of Juvenile justice for a 90 day evaluation of the minor's amenability for commitment to DJJ. Not yet assigned to policy committee.
SB 846 (Harman, R. - Costa Mesa). Criminal gang registration. Amends the gang registration law adopted by voters in 2000 (Proposition 21) to add the requirement that a person required to register as a gang member must update the registration annually and upon changing residence. Specifies that violation of the gang registration law is a misdemeanor. Same as AB1630 (Runner). To Senate Public Safety Committee.
SB 902 (Padilla, D. - Van Nuys). Juvenile Justice Crime Prevention Act (JJCPA) Funding. Spot bill stating the intent of the Legislature to increase funds for JJCPA juvenile justice programs. Not yet assigned to policy committee.
SB 914 (Hollingsworth, R. - Murrieta). Business licenses for group homes serving juvenile sex offenders. Authorizes local governments to impose business license requirements on local group homes serving adult or juvenile sex offenders. Not yet assigned to policy committee.
SB 987 (Romero, D. - L.A.). Cleanup provisions for Corrections Reorganization. Adjusts multiple statutes relating to the functions of the California Department of Corrections and Rehabilitation, its Division of Juvenile Justice, its Corrections Standards Authority and other agencies, to conform current law to the restructuring of state corrections ("Corrections Reorganization") implemented by Sen. Romero's SB 737 in 2005. Not yet assigned to committee.
SB 989 (Ridley-Thomas, D. - L.A.). Criminal street gangs, hate crime enhancement. Adds, to the list of offenses qualifying for sentence enhancement if committed on behalf of a criminal street gang (as defined in Penal Code Section 186.22), hate crimes as defined in Penal Code Section 422.6. Not yet assigned to policy committee.