Commonweal

Juvenile Justice Program :: Reports

Reports | About The Juvenile Justice Program

California Legislative Bulletin

Juvenile Justice Bills in the 2007 Session of the California Legislature
Updated To 8-06-07

by David Steinhart

This bulletin includes brief descriptions of bills introduced in the California Legislature on the topics of juvenile justice, youth corrections, youth crime and violence prevention, juvenile justice/mental health and probation foster care. Status reports are current to August 6, 2007. Both houses have now adjourned for the summer recess and are scheduled to return on August 20.

Note: Legislative changes implementing the proposed realignment of juvenile offenders from the state Division of Juvenile Justice to county control are now in print in SB 81, the corrections budget trailer bill. SB 81 remains on hold pending legislative adoption of a budget for FY 07-08. The realignment provisions are summarized in a special report on pages 12-13 of this bulletin.

ASSEMBLY BILLS

AB 104 (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. Signed into law, Chapter 104.

AB 161 (Bass, D - L.A.), Anti-recidivism grants. Would establish a competitive grant program administered by the Corrections Standards Authority to award funds to community-based organizations, law enforcement agencies or service providers to provide re-entry services (e.g., vocational, substance abuse, mental health) to local jail inmates No appropriation. Held in Assembly Appropriations Committee, two year bill.

AB 228 (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. Failed passage in the Assembly Public Safety Committee.

AB 247 (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 during the course of a speed contest. Failed passage in the Assembly Public Safety Committee.

AB 273 (Jones, D. - Sacramento). Health assessments. For children who are removed from their homes under the delinquency jurisdiction of the juvenile court, requires that each one shall receive a health assessment from an approved CHDP provider as well as a dental assessment from a licensed dentist. Also requires the results of the assessments to be included in the foster care case plan. Additional health care provisions affecting WIC 300 (dependent) wards. Passed Assembly, in the Senate Appropriations Committee.

AB 360 (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. Held in Assy. Public Safety Com.

AB 407 (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. Lists outcome measures and requires participating education offices to submit evaluation reports for analysis by LAO. Contingent upon an appropriation in the Budget Act. In Assembly Appropriations, two year bill.

AB 411 (Enmerson, R. - Redlands). Licenses for community care facilities. Permits a city or county to submit information to the state Director of Social Services as to the proposed location of a new six bed community care facility, with regard to the facility's status in relation to the "overconcentration" provisions of state licensing laws. In Assembly Appropriations, two year bill.

AB 499 (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. Held in the Assembly Public Safety Committee.

AB 509 (Hayashi, D. - Hayward). Office of Suicide Prevention. Requires the state Department of Mental Health to establish an Office of Suicide Prevention with listed responsibilities focused on developing and implementing a statewide prevention strategy and gathering statewide data. Passed Assembly, in Senate Appropriations Com.

AB 528 (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. In Assembly Appropriations, two year bill.

AB 589 (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. In Assembly Appropriations, 2 year bill.

AB 638 (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 then comes 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. In Assembly Appropriations, two year bill.

AB 639 (Hancock, D. - Berkeley). ID cards for juveniles and adults on parole. Requires that prior to release of any juvenile or adult on parole, the California Dept. of Corrections and Rehabilitation shall take reasonable steps to ensure that each parolee obtains a valid California ID card from the state DMV. Amended to postpone effective date to 1/1/09. Passed Assembly, in Senate Approp. Com.

AB 658 (Bass, D. - L.A.). Community homicide and violence reduction program. prevention Homicide prevention projects in LA and Oakland. As amended, would establish, within the state Office of Emergency Services, a Community Homicide and Violence Reduction Program focused on reducing homicide and violence in California communities. The program is to award grants to community-based organizations to develop and implement evidence-based approaches to homicide and violence prevention, including gang prevention and intervention, jobs for at-risk youth, and a range of family violence prevention services. No appropriation — funds dependent on appropriation in the FY 07-08 Budget Act. OES and Department of Health Services are to co-develop grant criteria if/when the program is funded. In Senate Appropriations Committee; extensive amendments must go back to the Assembly for approval if passed by the Senate.

AB 672 (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 of the Council. In Assembly Appropriations, two year bill.

AB 686 (Gaines, R. - Roseville). Juvenile fitness hearings. Fixes a drafting error alleged by prosecutors who wrote the Proposition 21 provisions on trying certain minors as adults. The bill removes the reference to age "16" from WIC 707 (b). This resolves an apparent conflict between WIC 707 (c) and (b) and clarifies the current practice under which minors 14 years of age or older may be petitioned by a prosecutor into a court fitness hearing on a WIC 707(b) listed charge with a presumption of unfitness for the juvenile system. Signed into law, Chapter 137.

AB 743 (Solorio, D. - Anaheim). School security officers. Requires each school district to maintain a minimum ratio of one school security officer for each 500 pupils in middle and high schools. Not moved.

AB 755 (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. Lists specific types of abuse that may be considered by judge or jury in prosecutions including: 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 brandishing a deadly weapon. Sets out minimum penalties and terms of probation. In Assembly Appropriations, two year bill.

AB 802 (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 consist of listed state and local officials and community stakeholders. In Assembly Appropriations, two year bill.

AB 810 (Lieu, D. - Torrance). School safety plans. Requires schools to notify the state Dept. of Education annually whether the school has complied with school safety plan requirements, and requires schools to make copies of school safety plans and plan revisions available to parents on request and others on request. In Assembly Appropriations, two year bill.

AB 894 (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. Failed passage in the Assembly Public Safety Committee.

AB 1029 (Caballero, D. - Salinas). Law enforcement apprenticeship program. Establishes a grant program within the state Department of Education to award a single, one year grant in the amount of $350,000 to a school district, nonprofit educational foundation or law enforcement agency to mentor, assist and prepare at-risk and disadvantaged youth to qualify for occupations in law enforcement and criminal justice. Contingent on appropriation in the Budget Act. Held in Senate Education Committee, two year bill.

AB 1033 (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 an active participant in a criminal street gang as defined in Penal Code Section 186.22 (f). Passed Assembly, held in Sen. Public Safety Committee, 2 year bill.

AB 1049 (Solorio, D. - Anaheim). Parole re-entry programs for 18-23 year olds. Requires the Dept. of Corrections and Rehabilitation, through its Division of Juvenile Programs, to establish a re-entry program for "eligible youth" who are age16-23 when released from state or county detention facilities. As amended, also requires the Div. of Juvenile Programs to work with counties to facilitate pre-enrollment of youth from county detention facilities into community re-entry programs. Spells out requirements and services to be provided by each such re-entry program. Defines "eligible youth" to include a person between 16-23 years of age who is economically disadvantaged, as defined, and who is under the custody and control of CDCR or a county as of 1/1/08 with a release date prior to 1/1/10. Limits total program enrollment to 200 youth. with stated priorities. No appropriation — contingent upon use of existing or appropriated funds. Passed Assembly, in Sen. Appropriations Com.

AB 1133 (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. Held in the Assembly Public Safety Committee.

AB 1290 (Mendoza, D. - Norwalk). Community Crime Prevention pilot programs. Establishes community crime prevention pilot programs in four Assembly Districts (including Mendoza's 56h and three to be determined), with joint powers agencies (including police departments, school districts and municipal governments) to share resources and crime prevention strategies. Requires each joint powers agency to hire a coordinator and grant writer, the latter to seek funds for prevention and job training programs. No state appropriation. Held in Sen. Public Safety Com, two year bill.

AB 1291 (Mendoza, D. - Norwalk) Court-ordered parent gang violence parenting classes. Authorizes the Juvenile Court, when a minor is adjudicated for a first-time gang-related offense and is returned to the custody of parents, to order the parent or guardian to attend antigang violence parenting classes at their own expense subject to hardship provisions. Requires the state Department of Justice to establish the curriculum for antigang violence parenting classes. Passed Assembly, in Senate Appropriations Committee.

AB 1299 (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. Held in Assembly Judiciary Committee.

AB 1300 (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 transferring wards between institutions, to consider "proximity to family" when making the transfer. Adjusts other DJJ visitation policies. Passed Assembly, in Senate Appropriations Com.

AB 1330 (Evans, D. - Santa Rosa). Foster children, psychotropic drugs. Requires the state Department of Social Services to collect and maintain detailed, listed information on any foster youth who is prescribed a psychotropic medication. In Assembly Appropriations, two year bill.

AB 1331 (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. Passed Assembly, in Senate Appropriations Com.

AB 1381 (Nunez, D. - L.A.). Office of Statewide Violence and Gang Prevention. Establishes within the Office of Emergency Services, a new Office of Statewide Violence and Gang Prevention. The new Violence/Gang Prevention Office is to develop comprehensive recommendations on the mission, role and responsibilities of a statewide entity dedicated to reducing violence and gangs in California. Its recommendations are to be reported to the Legislature by March 1, 2009, and are to include specific strategies on collecting data on gang membership, on the effectiveness of gang prevention efforts, on a state information clearinghouse and on related training, information and funding matters. Requires extensive stakeholder involvement in the development of recommendations. Passed Assembly, in Senate Appropriations Committee.

AB 1405 (Maze, R. - Visalia). Access to confidential information in juvenile dual jurisdiction cases. In dual jurisdiction cases (concurrent dependency and delinquency jurisdiction), the bill authorizes "juvenile court assessment teams" (comprised of mental health, child welfare, probation and other agencies) to exchange information that might otherwise be confidential under state law, including minor's admissions or confessions, social or mental health worker information and screening or evaluation results. Subjects assessment team members to criminal liability for unauthorized breaches of confidentiality of the information shared. Passed Assembly, held in Senate Judiciary, 2 year bill.

AB 1453 (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. As amended 6/1, only counties participating in Title IV-E waiver capped demonstration projects and two other counties may go forward with DSS-approved voluntary agreements for residentially-based services.. The state DSS Director is authorized to waive specified types of regulations and to approve alternative funding models (other than the current Rate Classification Level scheme) to support these residentially based service programs, subject to listed conditions. Passed Assembly, in Sen. Appropriations Committee.

AB 1494 (DeSaulnier, D- Martinez). Publicly operated children's group homes. Permits Contra Costa County to operate the Chris Adams Center children's group home as a public entity. This would be an exception to the general requirement that operators of children's group homes in California must be private nonprofit agencies. Passed Assembly, in Senate Appropriations Com.

AB 1512 (Torrico, D.- Fremont). MediCal enrollment for foster children in out-of-county placement. For minors placed in out-of-county foster care, AB 1512 establishes new procedures and requirements for the timely dis-enrollment of the minor from the placing county's MediCal plan so that the child can qualify quickly for MediCal or other health services in the county in which he or she is placed. Passed Assembly, in Senate Appropriations Committee.

AB 1514 (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 601 (status offender) or 602 (delinquent) wards in out-of-home placements. Signed into law, Chapter 120.

AB 1547 (Beall, D. - San Jose). Termination of juvenile court jurisdiction. Alters current procedures on termination of juvenile jurisdiction over delinquent wards 18 and older by: a) requiring the probation officer to ensure the presence of the ward in the court termination hearing with listed exceptions and b) requiring the probation officer to submit a report to the court, six months prior to a termination hearing, verifying that certain information, documents and services have been offered or provided to the ward. In Assembly Appropriations Com., two year bill.

AB 1573 (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 moved.

AB 1623 (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". No action, not moved.

AB 1625 (Solorio, D. - Anaheim). High Intensity Gang Activity Areas Task Force. Creates, within the Governor's Office of Emergency Services, a High Intensity Gang Activity Areas Task Force of law enforcement representatives to "formulate a comprehensive strategy for addressing high intensity gang activity throughout the state" and to advise OES on disbursement of funds to high activity gang areas. No appropriation. In Assembly Appropriations Committee, two year bill.

AB 1630 (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. Requires the Department of Justice to establish and coordinate an "intranet database" containing the gang registration information for access by law enforcement agencies. Failed passage in the Assembly Public Safety Committee.

AB 1655 (Lieber, D. - Mt. View). Abolishment of the Division of Juvenile Justice. Stops intake of all offenders by the state Division of Juvenile Justice as of 4/1/08 and requires all DJJ facilities to close and all juvenile offenders in its custody to be returned to county jurisdiction by 1/1/09. In the Assembly Appropriations Committee, two year bill.

AB 1687 (Brownley, D. - Woodland Hills). Disclosure of minor's health information. As amended, permits disclosure of medical information, including mental health diagnosis and treatment information, by a health care provider to a social worker, probation officer or other person having legal custody of a minor, if the disclosure is for the purpose of coordinating health care services and medical treatment for the minor. The proposed disclosure provision covers minors taken into temporary custody and minors who having juvenile court petitions filed under section 300, 601 or 602 of the Welfare and Institutions Code. Passed Assembly, in Senate Appropriations Committee.

SENATE BILLS

SB 32 (Steinberg, D. - Sacramento). Expanded children's health care coverage. Expands children's access to health care in several ways including; a) raises the income threshold for eligibility for Medi-Cal and Healthy Families benefits from 200% to 300% of the federal poverty level while deleting certain immigration status limits; b) requires the Managed Risk Medical Insurance Board and the Dept. of Health Care Services to take steps to facilitate enrollment of children in the expanded coverage; c) expands a Presumptive Eligibility Program to facilitate swift access to benefits for eligible children; and d) makes expansion of benefits contingent upon a budget or statutory appropriation. Passed Senate, in Assembly Appropriations Com.

SB 39 (Migden, D.- San Francisco). Child welfare records in fatality cases. Requires release to the public of county child welfare case records, upon a court order, where a minor has died as result of child abuse or neglect. The bill contains provisions allowing certain persons to petition the juvenile court to prevent release of the records or parts thereof under defined circumstances. Passed Senate, in Assembly Appropriations Committee.

SB 119 (Cedillo, D. - L.A.). Drug Medical Services for youth age 12-20. Adds, to the list of services presently covered by Medi-cal, 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. Passed Senate, in Assembly Appropriations Com.

SB 165 (Ashburn, R. - Bakersfield). WIC 654 informal supervision. Specifies that minors under the age of 14 shall be eligible to participate in program of supervision under WIC Section 654 or4 654.2 if the court finds that participation would be in the best interest of the minor and the community. No longer amends the Deferred Entry of Judgment provisions currently limiting eligibility for DEJ to minors 14 and older. Passed Senate and Assembly, back to Senate for concurrence in amendments.

SB 198 (Battin, R. - La Quinta). Homeless youth shelters. Broadens the exemption of homeless youth shelters and youth transition housing from housing discrimination laws based on age, by removing the lower limit of 18 on the current definiti8on of an eligible homeless youth. Effect is to make the shelter and housing available for all homeless youth up to age 24. Signed into law, Chapter 168.

SB 265 (Romero, D. - L.A.). Division of Juvenile Facilities. Requires the CDCR Division of Juvenile Facilities to explore options to provide special programming outside of state-run facilities for high risk and high needs offenders and for female offenders. Passed Senate, in Assembly Appropriation Committee.

SB 267 (Romero, D. - L.A.) Division of Juvenile Justice. Spot bill amending the WIC Section 1000 renaming of the Youth Authority as the Division of Juvenile Facilities. Not moved.

SB 271 (Cedillo, D. - L.A.). Actions for monetary damages for gang offenses. Authorizes a district attorney or prosecutor to maintain an action for civil damages to compensate a community or neighborhood in which criminal gang activity has occurred. Under current law only the state Attorney General can initiate such an action. Signed into law, Chapter 271.

SB 348 (Migden, D. - San Francisco). Extended foster care to age 21. Gutted and amended, no longer deals with foster care or juvenile justice. Before gutting, the bill allowed a youth who is otherwise eligible for foster care and who over 18 to remain in foster care until age 21 if the individual so consents, and if federal funds become available for implementation costs.

SB 390 (Runner, R. - Lancaster). Gang Activity Prevention Grant Program. This bill was overhauled on May 2 to establish a competitive gang prevention grant program within the Corrections Standards Authority. Grants may be made by CSA to juvenile courts, county probation departments and the state Division of Juvenile Justice for the purpose of "supervising and managing gang-involved youthful offenders" who are WIC 602 court wards. Grants must support "comprehensive approaches" which must include electronic monitoring, restrictions on freedom and limits on gang association. Contingent upon appropriation in the Budget Act. In Senate Appropriations Committee, two yr. bill.

SB 518 (Migden, D.- San Francisco). Bill of rights for youth in state and local juvenile justice facilities. Enumerates specific rights for youth in adult or juvenile justice facilities (delinquent and status offender youth including those transferred to adult criminal court).. Examples of the enumerated rights are: the right to a safe, health and comfortable environment; the right to protection from abuse or corporal punishment; rights to contact family members, case workers and attorneys; and rights to protection against discrimination based on race, gender, sexual orientation or disability status; and other listed rights. Creates an Office of Ombudspersons in the Corrections Standards Authority to investigate and respond to complaints regarding violations of the enumerated rights. Division of Juvenile Justice to investigate complaints by youth inmates and to take other remedial steps including reporting on its investigations to the Legislature. Requires state and local juvenile justice personnel to be trained on the enumerated rights, and requires CDCR to adopt regulations to implement and monitor the provisions of the bill. Passed Senate, in Assembly Appropriations Committee.

SB 550 (Ashburn, R. - Bakersfield). Sentence enhancement for gang offenses near schools and parks. Enhances prison terms for felony gang offenses committed within 1,000 feet of a school by one year and includes, within this enhancement provision, felony gang offenses committed "within 1,000 feet of a public or private park where children regularly gather". Held in the Senate Public Safety Committee.

SB 575 (Calderon, D. - Montebello). Sale of former Nelles School (CYA) site. As amended July 2, requires the Dir. of General Services to sell at fair market value the closed Fred Nelles School property in Whittier, proceeds to be deposited in the Deficit Recovery Bond Retirement Sinking Fund. In Sen. Government Org. Committee, two year bill.

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. Held in Sen Human Services Com.

SB 651 (Calderon, D. - Montebello). Graffiti offenses. Gutted and amended, now a bill affecting drinking water safety.

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 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". As amended, includes fines for requests based on declarations containing false information. Passed Senate, on Assembly floor.

SB 708 (Dutton, R. - Rancho Cucamonga). Use permits for group homes. Adds a requirement that any group home with six or fewer beds serving dependent or neglected children or mentally disordered or handicapped persons must apply for and receive a conditional use permit from the city in which it is located. Failed passage in Senate Human Services Committee.

SB 709 (Dutton, R. - Rancho Cucamonga). Overconcentration of residential care facilities. Provides that a city or county may submit documentation to the state Director of Social Services on the location of a proposed residential care facility in relation to laws that prohibit such facilities from operating within 300 feet of one another, and authorizes the DSS director to suggest that the applicant consider alternative locations. Held in the Senate Appropriations Committee.

SB 710 (Dutton, R. - Rancho Cucamonga). County approval letters for new group home programs. Alters the provision of current law that, to obtain a state AFDC rate, the operator of new children's group home program must obtain a letter verifying the need for the program from the host county, the placing county or a regional consortium of counties. This bill would delete the placing county from the list of counties that may provide the required letter, forcing the applicant to obtain the letter instead either from the host county or from a regional consortium of counties. Failed passage in the Senate Human Services Committee.

SB 785 (Steinberg, D. - Sacramento). Mental health services for foster children. Requires the state Department of Mental health, by April 1 2008, to streamline mental health services for foster children who are placed outside their county of residence by developing and using standardized contracts and forms for treatment plans and for the purchase of mental health services for these foster children. Requires the Health and Human Services Agency to develop informational materials that would explain to foster care providers how to arrange for mental health services for wards and would facilitate county welfare agency referrals of inter-county placement youth for mental health services. Specifies county of responsibility under the local mental health plan for children who are terminated from foster care under various circumstances. Passed Senate, in the Assembly Appropriations Com.

SB 844 (Calderon, D. - Montebello). Expansion of "safe school" zones and penalties. Amends Penal Code sections to extend safe school zones and penalties in various ways. "School safe" zones for prohibited persons and activities expand to 1,500 from 1,000 feet; prohibited persons and activities (suspended students, dismissed employees, disruptive persons) applied to private as well as public schools; new restrictions for drug and sex offenders entering school safety zones; criminal penalties are increased. Held in the Senate Public Safety 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 and for multiple residences. Specifies that violation of the gang registration law is a misdemeanor. Also requires that the Department of Justice establish a database with gang registration information for use by law enforcement agencies. Same as AB 1630 (Runner). Held in Senate Public Safety Committee.

SB 851 (Steinberg, D. - Sacramento and Romero, D.- L.A.). Services for mentally ill offenders and parolees. This began as a massive bill to redefine the roles of state and local law enforcement, corrections and mental health agencies in handling mentally ill offenders and parolees. It has since been trimmed by amendments. The bill deals with adult mentally ill offender offenders but could serve as a model for future changes in the juvenile justice system. In brief summary, AB 851:

Status: Passed Senate, in Assembly Appropriations Committee.

SB 893 (Cox, R. - Fair Oaks). California Children and Families Act funds. Eliminates the fund distribution criteria and percentages of Proposition 10 and instead substitutes a general directive to the Commission on Children and Families to expend tobacco tax funds on "health care services to children consistent with the requirements of this division". Failed passage in Senate Health 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 juvenile justice programs. Not moved.

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. Failed passage in Sen. Human Services Committee.

SB 915 (Hollingsworth, R. - Murrieta). Local zoning restrictions on community care facilities serving sex offenders. Allows local jurisdictions to zone as "adult oriented businesses" any community care facility housing a parolee who is required to register as a sex offender, including those released from the Div. of Juvenile Justice. Not moved.

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. Includes a new provision that an executive director for Board of Parole Hearings commissioners specializing in juvenile matters be appointed by the Governor subject to Senate confirmation. Passed Senate, in Assembly Appropriations 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. Also requires defendants on probation or parole for gang crimes to attend classes or counseling sessions on race sensitivity, dispute resolution and anger management. Held in the Senate Public Safety Com.

SB 999 (Yee- D., S.F.). Juvenile "LWOP" penalty. Eliminates life without the possibility of parole (LWOP) as a mandatory state prison sentence for persons under age 18 who are convicted of first degree murder with special circumstances, substituting instead a penalty of 25 years to life. Placed on Senate inactive file by the author.

SPECIAL REPORT: SB 81 (Corrections Budget Trailer Bill ) Provisions On The Proposed "Realignment" Of The California Juvenile Justice System

After months of negotiation, the Administration, the Legislature and county representatives have come to agreement on a plan to shift non-violent juvenile offenders out of facilities operated by the state Division of Juvenile Justice (DJJ) and into county facilities and programs. This "realignment" plan will cut the cost and size of the state youth corrections system while providing counties with resources for local dispositions for non-violent juvenile offenders. SB 81 contains the implementation language for this realignment plan, including substantive provisions altering commitment laws and fiscal provisions that would provide funds for county programs and facilities. These realignment provisions are summarized below. SB 81 is still on hold, pending legislative approval of a Budget Bill. If and when signed it would take effect immediately as an urgency measure.

SB 81: JUVENILE JUSTICE REALIGNMENT PROVISIONS

top^
website development by HyperArts