Bill Text: CA AB114 | 2009-2010 | Regular Session | Enrolled
Bill Title: Juvenile court law: purpose.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB114 Detail]
Download: California-2009-AB114-Enrolled.html
BILL NUMBER: AB 114 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 25, 2010
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN ASSEMBLY MAY 21, 2009
INTRODUCED BY Assembly Member Carter
(Coauthor: Assembly Member Nielsen)
JANUARY 13, 2009
An act to add Section 237 to the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 114, Carter. Juvenile court law: purpose.
Existing law sets forth the purpose of juvenile court law, and
provides that a minor under the jurisdiction of the juvenile court
who is in need of protective services shall receive care, treatment,
and guidance consistent with his or her best interest and the best
interest of the public. Existing law provides that a minor under the
jurisdiction of the juvenile court as a consequence of delinquent
conduct shall, in conformity with the interests of public safety and
protection, receive care, treatment, and guidance that is consistent
with his or her best interest, that holds the minor accountable for
his or her behavior, and that is appropriate for his or her
circumstances.
This bill would authorize a county to adopt a restorative justice
program to address the needs of minors, victims, and the community.
The bill would require the restorative justice program to be
implemented through a restorative justice protocol developed by the
juvenile court in conjunction with the prosecutor, public defender,
and other interested groups. The bill would prohibit the use of
General Fund moneys to fund the program. The bill would include
related findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) It is the intent of the Legislature that principles of
restorative justice be incorporated into juvenile justice
proceedings, consistent with the underlying rehabilitative purpose of
the Juvenile Court Law (Chapter 2 (commencing with Section 200) of
Part 1 of Division 2 of the Welfare and Institutions Code).
Restorative justice principles recognize the following needs:
(1) Community protection from delinquent conduct through a
continuum of appropriate responses that protects citizens and
victims.
(2) Accountability of the minor through restoration of the losses
experienced by the victim and the community.
(3) Competency development of the minor through the provision of
treatment, education, and skill building needed for success in the
community.
(b) Crime results in injury to the victim, the community, and the
offender. Whenever appropriate, the juvenile justice system should
seek to repair those injuries, taking into account the age, mental
capacity, and developmental maturity of the minor, the nature of the
offense, and the resources available to the minor to accomplish the
goals of Section 237 of the Welfare and Institutions Code, enacted by
Section 2 of this act. Victims and communities should be actively
involved in helping to develop programs and services, and in ensuring
accountability through helping individual minors to understand the
impact of their actions. These activities shall be pursued in a
manner consistent with the minor's right to due process and the right
of victims and minors under Section 676.5 of the Welfare and
Institutions Code.
(c) Nothing in this act changes the fundamental intention of the
Juvenile Court Law that individualized care, treatment, and guidance
be provided to each minor coming to the attention of the juvenile
court for alleged delinquency.
SEC. 2. Section 237 is added to the Welfare and Institutions Code,
to read:
237. (a) Consistent with the rehabilitative purpose of this
chapter, a county may adopt a restorative justice program to address
the needs of minors, victims, and the community.
(b) The restorative justice program shall be implemented through a
restorative justice protocol developed by the juvenile court in
conjunction with the prosecutor, public defender, probation
department, representatives from victims' groups, law enforcement,
community organizations and service providers, restorative justice
groups, and clinicians with expertise in adolescent development. The
protocol shall address all of the following:
(1) The formation of a restorative justice council.
(2) The process to be employed in any case coming before the
council.
(3) The rights of minors.
(4) The rights of any victims involved in the case.
(5) Confidentiality issues.
(6) Timeliness for case processing.
(7) The scope of services of, and orders that may be imposed by,
the restorative justice council.
(8) The roles of the court, prosecutor, and defense counsel in
relation to the council.
(9) Qualifications and the selection process for restorative
justice council members.
(10) The process for evaluating compliance with the program.
(11) The process for handling any failure to adhere to the program
directed by the restorative justice council.
(c) The program in each case shall seek to repair the harm to the
victim, the minor, and the community caused by the behavior bringing
the minor before the juvenile court. The program requirements shall
be tailored to the age, mental capacity, and developmental maturity
of the minor, the nature of the offense, and the resources available
to the minor to accomplish the goals of this section.
(d) Minors may be referred to the restorative justice program as
part of the court's order for informal supervision pursuant to
Section 654.2, the court's order for nonwardship probation under
subdivision (a) of Section 725, the court's dispositional order under
Section 727, or the court's order for deferred entry of judgment
under Section 790.
(e) If the court orders the care, custody, and control of the
minor to be under the supervision of the probation officer for foster
care placement pursuant to subdivision (a) of Section 727, the minor
may be referred to the restorative justice program only as follows:
(1) To the extent that participation in the program is consistent
with both the minor's case plan developed pursuant to Section 706.5
and any provision of reunification services to the minor and his or
her family pursuant to Section 727.2.
(2) To the extent that participation in the program does not
result in the loss of federal financial participation for the
placement of the minor.
(f) No General Fund moneys shall be used to fund a restorative
justice program established pursuant to this section. Nothing in this
section is intended to restrict the ability of courts or counties to
develop or maintain existing programs or strategies for juvenile
offenders that incorporate restorative justice principles.
