Bill Text: CA AB2706 | 2017-2018 | Regular Session | Amended
Bill Title: Juvenile wards: discharge.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-31 - Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2. [AB2706 Detail]
Download: California-2017-AB2706-Amended.html
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Amended
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May 31, 2018 |
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Amended
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May 25, 2018 |
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Amended
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March 19, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2706 |
| Introduced by Assembly Member Jones-Sawyer |
February 15, 2018 |
An act to amend Sections 1766 and 1767.35 of the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2706, as amended, Jones-Sawyer.
Juvenile wards: discharge.
Existing law allows the Board of Juvenile Hearings to set a date on which a ward is to be discharged from the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice under the supervision of the probation department of, and the jurisdiction of the court of, the committing county, or to deny discharge and hold the person for a total period of time that does not exceed the maximum term of physical confinement set by the juvenile court. Existing law requires the division, not less than 60 days prior to the scheduled discharge consideration hearing of a ward, to provide to the probation department and the court of the committing county, and the ward’s counsel, if known, the most recent written review, as specified.
This bill would authorize the probation department of the committing county to participate in
the ward’s reentry case conference with the Division of Juvenile Justice, in person or by video conferencing. The bill would also make technical and conforming changes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1766 of the Welfare and Institutions Code is amended to read:1766.
(a) Subject to Sections 733 and 1767.35, and subdivision (b), if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do either of the following:(1) Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Justice and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b).
(2) Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731.
(b) This subdivision shall apply to any ward eligible for discharge from that ward’s commitment to the custody of the Division of Juvenile Justice. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety.
(1) The county of commitment shall supervise the reentry of any ward still subject to the court’s jurisdiction and discharged from the jurisdiction of the Division of Juvenile Justice. The conditions
of the ward’s supervision shall be established by the court pursuant to the provisions of this section.
(2) The probation department of the committing county may participate in the ward’s reentry case conference with the Division of Juvenile Justice, in person or by video conferencing.
(3) Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the ward’s counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date.
(4) (A) Not less than 30 days
prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact the ward’s parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a ward’s preparation for the discharge consideration hearing or the ward’s postrelease success.
(B) This paragraph shall not apply if either of the following conditions is met:
(i) A minor chooses not to contact the minor’s parents, guardians,
or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the contact.
(C) Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving the ward’s commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward.
(D) This section does not limit the right of a ward to an attorney under any other law.
(5) Not less than 30
days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county.
(6) If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall do both of the following:
(A) Set a date for discharge from the jurisdiction of the Division of Juvenile Justice no less than 14 days after the date of that determination. The board shall also record any postrelease recommendations
for the ward. These recommendations will be sent to the committing court responsible for setting the ward’s conditions of supervision no later than seven days from the date of such determination.
(B) Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she the ward is not on probation.
(7) No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Justice shall transport and deliver the ward to the
custody of the probation department of the committing county. On or prior to a ward’s date of discharge from the Division of Juvenile Justice, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with
the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(8) The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings, except that the board shall make honorable discharge determinations.
(9) Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Justice shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation
shall be discharged after serving the ward’s revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of the ward’s parole are not sustained.
(c) Within 60 days of intake, the Division of Juvenile Justice shall provide the court and the probation department with a treatment plan for the ward.
(d) Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public all of the following information:
(1) The total number of ward case reviews conducted by the division and the board, categorized by guideline category.
(2) The
number of discharge consideration dates for each category set at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change.
(4) The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense.
(6) Any additional data or information identified by the department as relevant.
(e) As used in subdivision (d), the term “ward case review” means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward.
SEC. 2.
Section 1767.35 of the Welfare and Institutions Code is amended to read:1767.35.
(a) A ward discharged from the Division of Juvenile Justice to the jurisdiction of the committing court may be detained by probation for the purpose of initiating proceedings to modify the ward’s conditions of supervision entered pursuant to paragraph (7) of subdivision (b) of Section 1766 if there is probable cause to believe that the ward has violated any of the court-ordered conditions of supervision. Within 15 days of detention, the committing court shall conduct a modification hearing for the ward. Pending the hearing, the ward may be detained by probation. At the hearing authorized by this subdivision, at which the ward shall be entitled to representation by counsel, the court shall consider the alleged violation of conditions of supervision, the risks and needs presented by the ward, and the supervision programs and sanctions that are available for the ward. Modification may include, as a sanction for a finding of a serious violation or a series of repeated violations of the conditions of supervision, an order for the reconfinement of a ward under 18 years of age in a juvenile facility, or for the reconfinement of a ward 18 years of age or older in a juvenile facility, as authorized by Section 208.5, in a local adult facility, as authorized by subdivision (b), or under the custody of the Division of Juvenile Justice, as authorized by subdivision (c). The ward shall be fully informed by the court of the terms, conditions, responsibilities, and sanctions that are relevant to the order that is adopted by the court. The procedure of the supervision modification hearing, including the detention status of the ward in the event continuances are ordered by the court, shall be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings, as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.(b) Notwithstanding any other law, subject to Chapter 1.6 (commencing with Section 1980), and consistent with the maximum periods of time set forth in Section 731, in any case in which a person who was committed to, and discharged from, the Division of Juvenile Justice to the jurisdiction of the committing court attains 18 years of age prior to being discharged from the division or during the period of supervision by the committing court, the court may, upon a finding that the ward violated his or her conditions of supervision and after consideration of the recommendation of the probation officer
and pursuant to a hearing conducted according to subdivision (a), order that the person be delivered to the custody of the sheriff for a period not to exceed a total of 90 days, as a custodial sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (7) of subdivision (b) of Section 1766. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.
(c) Notwithstanding any other law and subject to Chapter 1.6 (commencing with Section 1980), in any case in which a person who was committed to and discharged from the Division of Juvenile Justice to the jurisdiction of the committing court, the court may, upon a finding that the ward violated his or her conditions
of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to subdivision (a), order that the person be returned to the custody of the Division of Juvenile Justice for a specified amount of time no shorter than 90 days and no longer than one year. This return shall be a sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (7) of subdivision (b) of Section 1766. A decision to return a ward to the custody of the Division of Juvenile Justice shall only be made pursuant to the court making both of the following findings:
(1) Appropriate local options and programs have been exhausted.
(2) The ward has available confinement time that is greater than or equal to
the length of the return.
(d) Upon ordering a ward to the custody of the Division of Juvenile Justice, the court shall send to the division a copy of its order along with a copy of the ward’s probation plans and history while under the supervision of the county.
