Bill Text: CA AB2459 | 2009-2010 | Regular Session | Amended
Bill Title: Juvenile offenders: probation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2459 Detail]
Download: California-2009-AB2459-Amended.html
BILL NUMBER: AB 2459 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Caballero
FEBRUARY 19, 2010
An act to add Chapter 4 (commencing with Section 2200) to
Division 2.5 of the Welfare and Institutions Code, relating to
juveniles. An act to add and repeal Article 4.5
(commencing with Section 1779) of Chapter 1 of Division
2.5 of the Welfare and Institutions Code, relating to juvenile
probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2459, as amended, Caballero. Juvenile crime
prevention: evidence-based programs. offenders:
probation.
Existing law authorizes the Department of Corrections and
Rehabilitation to oversee programs for the purposes of reducing
parolee recidivism.
Existing law governs the release of juvenile offenders on
probation.
This bill would authorize, until January 1, 2015, each county to
establish a Community Juvenile Probation Performance Incentives Fund
to be used for specified purposes relating to improving local
probation supervision practices and capacities, as specified.
The bill would require the community juvenile probation programs
to be developed and implemented by the chief probation officer, as
advised by the local Juvenile Justice Coordinating Council and a
representative of families of currently incarcerated youth or
recently incarcerated youth who are on probation.
Existing law sets forth the purpose of juvenile court law, and
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. (PU 20090AB__011499INT )
This bill would, beginning in the 2011-12 fiscal year require that
specified 25% of moneys appropriated for the supervision of
juveniles under the jurisdiction of the juvenile court system and for
programs designed to deter juvenile crime and violence or to reduce
recidivism are to be allocated to evidence-based programs, as
defined. This bill would increase the allocations to 50% for the
2012-13 fiscal year, and to 75% for the 2013-14 fiscal year and each
of the following fiscal years. This bill would, beginning in the
2012-13 fiscal year, require the Secretary of the Department of
Corrections and Rehabilitation to prepare a report for the
Legislature evaluating the effectiveness of evidence-based program in
the supervision of juveniles under the jurisdiction of the juvenile
court system and in programs designed to deter juvenile crime and
violence or to reduce recidivism.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the California Community Juvenile Probation Performance
Incentives Act of 2010.
SEC. 2. Article 4.5 (commencing with Section 1779)
is added to Chapter 1 of Division 2.5 of the Welfare and
Institutions Code , to read:
Article 4.5. California Community Juvenile Probation
Performance Incentives
1779. As used in this article, the following definitions apply:
(a) "Community corrections" means the placement of persons under
probation supervision, with conditions imposed by a court for a
specified period.
(b) "Chief probation officer" means the chief probation officer
for the county or city and county in which a juvenile offender is
subject to probation.
(c) "Juvenile program" means a program established pursuant to
this act consisting of a system of probation supervision services
dedicated to all of the following goals:
(1) Enhancing public safety through the management and reduction
of juvenile offender risk while under probation supervision and upon
reentry into the community.
(2) Providing a range of probation supervision tools, sanctions,
and services applied to probationers based on a risk/needs assessment
for the purpose of promoting behavioral change that results in
reducing recidivism and promoting the successful reintegration of
juvenile offenders into the community.
(3) Maximizing offender restitution, reconciliation, and
restorative services to victims of crime committed by juvenile
offenders.
(4) Holding juvenile offenders accountable for their behaviors and
for successful compliance with applicable court orders and
conditions of supervision.
(5) Improving public safety outcomes for juvenile offenders placed
on probation for an offense, as measured by their successful
completion of probation and commensurate reduction in the rate of
recidivism by juvenile probationers.
(d) "Evidence-based practices" refers to supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among juveniles under probation.
1779.1. (a) Each county is hereby authorized to establish in each
county treasury a Community Juvenile Probation Performance
Incentives Fund (CJPPIF), to receive all amounts allocated to that
county for purposes of implementing this article.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this article, the moneys,
including any interest, shall be made available to the chief
probation officer of that county, within 30 days of the deposit of
those moneys into the fund, for the implementation of the community
corrections program authorized by this article.
(1) The community juvenile probation program shall be developed
and implemented by the chief probation officer and advised by the
local Juvenile Justice Coordinating Council and a representative of
families of currently incarcerated youth or recently incarcerated
youth who are on probation.
(2) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for juvenile
offenders subject to probation, and shall be spent on evidence-based
practices and programs, as defined in subdivision (c) of Section
1779, which may include, but are not limited to, the following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(B) Implementing and expanding intermediate sanctions.
(C) Providing more intensive probation supervision.
(D) Expanding the availability of juvenile rehabilitation
programs, including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(3) Each probation department receiving funds under this article
shall maintain a complete and accurate accounting of all funds
received pursuant to this article.
1779.2. The moneys appropriated pursuant to this article shall be
used to supplement, not supplant, any other state or county
appropriation for the chief probation officer or the probation
department.
1779.3. This article shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. The Judicial Council shall consider the
adoption of appropriate modifications to the Criminal Rules of Court,
and of other judicial branch policies, procedures, and programs,
affecting felony probation services that would support implementation
of the evidence-based probation supervision practices described in
this article.
SECTION 1. Chapter 4 (commencing with Section
2200) is added to Division 2.5 of the Welfare and Institutions Code,
to read:
CHAPTER 4. CALIFORNIA EVIDENCE-BASED PROGRAMS FOR AT-RISK
JUVENILES
2200. It is the intent of the Legislature to increase the use of
evidence-based programs in state-funded programs designed to deter
juvenile crime and violence and to reduce recidivism among juvenile
offenders.
2201. For purposes of this chapter:
(a) "Agency" means:
(1) The Department of Corrections and Rehabilitation, the Division
of Juvenile Facilities, and any other any state agency responsible
for supervising juveniles under the jurisdiction of the juvenile
court system.
(2) The State Board of Education, the California Emergency
Management Agency, and any other state agency responsible for
programs designed to deter juvenile crime and violence or to reduce
recidivism.
(b) "Evidence-based program" means a program:
(1) That does any of the following:
(A) Incorporates significant and relevant practices that are based
on scientifically based research, including all testing and
evaluations of and for persons.
(B) Uses practices that have been documented to be valid and
reliable.
(C) Is cost effective in the service that it provides.
(2) "Evidence-based program" does not include either of the
following:
(A) An educational program or service that an agency is required
to provide to meet educational requirements pursuant to state law.
(B) Basic medical services.
(c) "Scientifically based research" means research that obtains
reliable and valid knowledge by all of the following:
(1) Employing systematic, empirical methods that draw on
observation or experiment.
(2) Involving rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn.
(3) Relying on measurements or observational methods that provide
reliable and valid data across evaluators and observers, across
multiple measurements and observations, and across studies by the
same or different investigators.
2202. (a) For the 2011-12 fiscal year, at least 25 percent of the
state moneys appropriated for the supervision of juveniles under the
jurisdiction of the juvenile court system and for programs designed
to deter juvenile crime and violence or to reduce recidivism shall be
allocated to evidence-based programs.
(b) For the 2012-13 fiscal year, at least 50 percent of the state
moneys appropriated for the supervision of juveniles under the
jurisdiction of the juvenile court system and for programs designed
to deter juvenile crime and violence or to reduce recidivism shall be
allocated to evidence-based programs.
(c) For the 2013-14 fiscal year and in each following fiscal year,
at least 75 percent of the state moneys appropriated for the
supervision of juveniles under the jurisdiction of the juvenile court
system and for programs designed to deter juvenile crime and
violence or to reduce recidivism shall be allocated to evidence-based
programs.
2203. (a) Beginning in the 2012-13 fiscal year, and for each
following fiscal year, the Secretary of the Department of Corrections
and Rehabilitation shall prepare a report for the Legislature
evaluating the effectiveness of the use of evidence-based programs in
the supervision of juveniles under the jurisdiction of the juvenile
court system and in programs designed to deter juvenile crime and
violence or to reduce recidivism.
(b) The reports shall include all of the following:
(1) An assessment of each program that the agency spent moneys on
in the previous fiscal year, including programs that are not evidence
based.
(2) The percentage of state appropriated moneys for programs that
each agency spent on evidence-based programs in the previous fiscal
year.
(3) The percentage of moneys received by the agency for programs
other than state appropriated moneys that were spent on
evidence-based programs in the previous fiscal year.
(4) A description of the efforts each agency is making to meet the
requirements of this section.
(c) The report shall be submitted to the Legislature on or before
November 1 of each year, following the end of the prior fiscal year.
