Bill Text: CA SB190 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juveniles.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2017-10-11 - Chaptered by Secretary of State. Chapter 678, Statutes of 2017. [SB190 Detail]
Download: California-2017-SB190-Amended.html
from the county treasury. by the county. The county may utilize any available and eligible funding pursuant to state or federal law to pay for this expense, provided that the
funding is not secured by charging a ward, dependent child, other minor person, or the family of any of those persons for this expense. All orders made pursuant to this section shall state the amounts to be paid from the county treasury, by the county, and those amounts shall constitute legal charges against the county.SEC. 23. Section 904 of the Welfare and Institutions Code is repealed. SEC. 24. Section 11325.24 of the Welfare and Institutions Code is amended to read: 11325.24. SEC. 25. monthly or daily charge, not to exceed cost, for care, support, and maintenance of minor persons placed or detained in or committed to any institution by order of a juvenile court, the cost of delinquency-related legal services referred to by Section 903.1, the cost of probation supervision referred to by Section 903.2, and the cost of sealing records in county or local agency custody referred to by Section 903.3 shall be determined by the board of supervisors. The cost of dependency-related legal services referred to by Section 903.1 and the cost of sealing records in court custody referred to by Section 903.3 shall be determined by the court. Any determination made by a court under this section shall be valid only if either
(1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
Bill Title: Juveniles.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2017-10-11 - Chaptered by Secretary of State. Chapter 678, Statutes of 2017. [SB190 Detail]
Download: California-2017-SB190-Amended.html
|
Amended
IN
Senate
May 26, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 190 |
| Introduced by Senators Mitchell and Lara (Coauthors: Senators Atkins, Beall, Bradford, Hertzberg, McGuire, Monning, Skinner, Wieckowski, and Wiener) |
January 26, 2017 |
An act to amend Sections 27756 and 27757 of the Government Code, to amend Sections 1203.016, 1203.1ab, and 1208.2 of the Penal Code, and to amend Sections 207.2, 332, 656, 729.9, 871, 900, 903.1, 903.45, and 11325.24 904 of, and to repeal Sections 902, 903, 903.15, 903.2, 903.25, 903.4, 903.5, 903.6, 903.7, and 904 and 903.7 of, the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 190, as amended, Mitchell.
Juveniles.
(1) Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in a county jail or other county correctional facility or program. Existing law authorizes the board of supervisors to prescribe a program administrative fee and an application fee for this program.
This bill would make those fees payable only by adult participants of that home detention program who are over 21 years of age and under the jurisdiction of the criminal court.
(2) Existing law provides that upon conviction of certain offenses involving controlled substances, or upon a finding that a minor is subject to the jurisdiction of the juvenile court by reason of committing one of those certain offenses, the court, when recommended by the probation officer, shall require, as a condition of probation, that the defendant or the minor not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer, unless the court makes a finding that this condition would not serve the interests of justice. Existing law requires the court to order the defendant or the minor to pay a reasonable fee, not to exceed the actual cost of the testing, if the defendant or the minor is required to submit to testing and has the financial ability to pay all or part of those costs.
This bill would instead require the
court to order a defendant to pay that reasonable fee only if the defendant is an adult who is over 21 years of age and under the jurisdiction of the criminal court. The bill would also delete the provision requiring the court to charge the minor that reasonable fee.
(3) Existing law requires specified orders providing for the care and custody of a ward, dependent child, or other minor person to direct that the whole expense of support and maintenance of the minor, up to the amount of $20 per month, be paid from the county treasury. Existing law authorizes the board of supervisors of each county to establish a maximum amount that the court may order the county to pay for that support and maintenance and authorizes the court to direct that an amount up to that maximum amount be paid.
This bill would delete the $20 maximum on support and maintenance payments and delete the authorization of the county
board of supervisors to establish a maximum amount that the court may order the county to pay. The bill would authorize the county to utilize any available and eligible funding, as specified, to make the payments, provided that the funding is not secured by charging a minor or his or her family for the above-described expense.
(4) Existing law generally imposes liability on a parent, spouse, or other person liable for the support of a minor for certain costs, including the reasonable costs of transporting the minor to a juvenile facility and for the costs of the minor’s food, shelter, and care at the juvenile facility when the minor has been held in temporary custody, as specified, and certain other circumstances are applicable; the reasonable costs of supporting the minor when he or she is placed, detained in, or committed to, any
institution or other place pursuant to specified provisions of law or pursuant to an order of the juvenile court; the cost, to the county or the court, of the legal services rendered to the minor by an attorney pursuant to an order of the juvenile court; the cost of probation supervision, home supervision, or electronic surveillance of the minor, pursuant to the order of the juvenile court; and other related costs.
This bill would repeal those provisions and specify that, on and after January 1, 2018, the balance of any court-ordered costs imposed pursuant to those provisions is unenforceable and uncollectible. The bill would, on January 1, 2019, require the portion of the judgment imposing those costs to be vacated. The bill would make other conforming changes.
(5) Existing law makes it a misdemeanor for a minor who,
while under the supervision of a probation officer, removes his or her electronic monitor without authority and who, for more than 48 hours, violates the terms and conditions of his or her probation relating to the proper use of the electronic monitor. Existing law provides, if an electronic monitor is damaged or discarded while in the possession of the minor, that restitution for the cost of replacing the unit may be ordered as part of the punishment. Existing law requires that this liability be limited by the financial ability of the person or persons ordered to pay the restitution and requires that the person or persons, upon request, be entitled to an evaluation and determination of ability to pay under specified provisions.
This bill would remove the requirement that a request be made in order for the person or persons to be entitled to the evaluation and determination described above.
(6) Existing law establishes the Foster Children and Parent Training Fund in the State Treasury for purposes of supporting foster parent training programs conducted in community colleges. Existing law makes this fund inoperative after June 30, 2005, unless otherwise specified in the annual Budget Act or in another statute.
This bill would repeal those provisions.
(7)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, known in California as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria. Existing law requires, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, to participate in welfare-to-work activities. Existing
law authorizes a recipient to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services. Existing law specifies that a situation or crisis that is destabilizing the family may include, but is not limited to, homelessness or imminent risk of homelessness.
This bill would also specify that a situation or crisis that is destabilizing the family may include a child in the family who has been held in temporary custody in a law enforcement facility, as specified.
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 27756 of the Government Code is amended to read:27756.
In a county where the board of supervisors has designated a county financial evaluation officer, the county financial evaluation officer shall make financial evaluations of parental liability for reimbursements and other court-ordered costs pursuant to Sections 903.1, 903.3, and 903.45 of the Welfare and Institutions Code, as directed by the board of supervisors, or as established by order of the juvenile court, and may enforce the court order as any other civil judgment, including any balance remaining unpaid after jurisdiction of the minor has terminated.SEC. 2.
Section 27757 of the Government Code is amended to read:27757.
Except as otherwise ordered by the juvenile court, a county financial evaluation officer, upon satisfactory proof, may reduce, cancel, or remit the costs and charges listed in Sections 903.1, 903.3, and 903.45 of the Welfare and Institutions Code, or established by order of the juvenile court.SEC. 3.
Section 1203.016 of the Penal Code is amended to read:1203.016.
(a) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in subdivision (h), to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in a county jail or other county correctional facility or program under the auspices of the probation officer.(b) The board of supervisors, in consultation with the correctional administrator, may prescribe reasonable rules and regulations under which a home detention program may operate. As a condition of
participation in the home detention program, the inmate shall give his or her consent in writing to participate in the home detention program and shall in writing agree to comply or, for involuntary participation, the inmate shall be informed in writing that he or she shall comply, with the rules and regulations of the program, including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of his or her residence during the hours designated by the correctional administrator.
(2) The participant shall admit any person or agent designated by the correctional administrator into his or her residence at any time for purposes of verifying the participant’s compliance with the conditions of his or her detention.
(3) The participant shall agree to the use of electronic
monitoring, which may include Global Positioning System devices or other supervising devices for the purpose of helping to verify his or her compliance with the rules and regulations of the home detention program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant which is to be used solely for the purposes of voice identification.
(4) The participant shall agree that the correctional administrator in charge of the county correctional facility from which the participant was released may, without further order of the court, immediately retake the person into custody to serve the balance of his or her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of home detention, if the person fails to remain within the place of home detention as
stipulated in the agreement, if the person willfully fails to pay fees to the provider of electronic home detention services, as stipulated in the agreement, subsequent to the written notification of the participant that the payment has not been received and that return to custody may result, or if the person for any other reason no longer meets the established criteria under this section. A copy of the agreement shall be delivered to the participant and a copy retained by the correctional administrator.
(c) If the peace officer supervising a participant has reasonable cause to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the correctional administrator, and without a warrant of arrest, retake the person into custody to
complete the remainder of the original sentence.
(d) Nothing in this section shall be construed to require the correctional administrator to allow a person to participate in this program if it appears from the record that the person has not satisfactorily complied with reasonable rules and regulations while in custody. A person shall be eligible for participation in a home detention program only if the correctional administrator concludes that the person meets the criteria for release established under this section and that the person’s participation is consistent with any reasonable rules and regulations prescribed by the board of supervisors or the administrative policy of the correctional administrator.
(1) The rules and regulations and administrative policy of the program shall be written and reviewed on an annual basis by the county board of supervisors and the correctional
administrator. The rules and regulations shall be given to or made available to any participant upon request.
(2) The correctional administrator, or his or her designee, shall have the sole discretionary authority to permit program participation as an alternative to physical custody. All persons referred or recommended by the court to participate in the home detention program pursuant to subdivision (e) who are denied participation or all persons removed from program participation shall be notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participant’s appeal rights, as established by program administrative policy.
(e) The court may recommend or refer a person to the correctional administrator for consideration for placement in the home detention program. The recommendation or referral of the court shall be
given great weight in the determination of acceptance or denial. At the time of sentencing or at any time that the court deems it necessary, the court may restrict or deny the defendant’s participation in a home detention program.
(f) The correctional administrator may permit home detention program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance. Willful failure of the program participant to return to the place of home detention not later than the expiration of any period of time during which he or she is authorized to be away from the place of home detention pursuant to this section and unauthorized departures from the place of home detention are punishable as provided in Section 4532.
(g) The board of supervisors may prescribe a program
administrative fee to be paid by each adult home detention participant who is over 21 years of age and under the jurisdiction of the criminal court that shall be determined according to his or her ability to pay. Inability to pay all or a portion of the program fees shall not preclude participation in the program, and eligibility shall not be enhanced by reason of ability to pay. All program administration and supervision fees shall be administered in compliance with Section 1208.2.
(h) As used in this section, “correctional administrator” means the sheriff, probation officer, or director of the county department of corrections.
(i) Notwithstanding any other law, the police department of a city where an office is located to which persons on an electronic monitoring program report may request the county correctional administrator to provide information concerning those persons.
This information shall be limited to the name, address, date of birth, offense committed by the home detainee, and if available, at the discretion of the supervising agency and solely for investigatory purposes, current and historical GPS coordinates of the home detainee. A law enforcement department that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives information pursuant to this subdivision shall not use the information to conduct enforcement actions based on administrative violations of the home detention program. A law enforcement department that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program shall make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
(j) It is the intent of the
Legislature that home detention programs established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:
(1) The correctional administrator, with the approval of the board of supervisors, may administer a home detention program pursuant to written contracts with appropriate public or private agencies or entities to provide specified program services. No public or private agency or entity may operate a home detention program in any county without a written contract with that county’s correctional administrator. However, this does not apply to the use of electronic monitoring by the Department of Corrections and Rehabilitation. No public or private agency or entity entering into a contract may itself employ any person who is in the home detention program.
(2) Program acceptance
shall not circumvent the normal booking process for sentenced offenders. All home detention program participants shall be supervised.
(3) (A) All privately operated home detention programs shall be under the jurisdiction of, and subject to the terms and conditions of the contract entered into with, the correctional administrator.
(B) Each contract shall include, but not be limited to, all of the following:
(i) A provision whereby the private agency or entity agrees to operate in compliance with any available standards promulgated by state correctional agencies and bodies, including the Corrections Standards Authority, and all statutory provisions and mandates, state and county, as appropriate and applicable to the operation of home detention programs and the supervision of sentenced offenders in
a home detention program.
(ii) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity.
(iii) A provision that requires the private agency or entity to demonstrate evidence of financial responsibility, submitted and approved by the board of supervisors, in amounts and under conditions sufficient to fully indemnify the county for reasonably foreseeable public liability, including legal defense costs, that may arise from, or be proximately caused by, acts or omissions of the contractor. The contract shall provide for annual review by the correctional administrator to ensure compliance with requirements set by the board of supervisors and for adjustment of the financial responsibility requirements if warranted by caseload changes or other factors.
(iv) A provision that requires the private agency or entity to provide evidence of financial responsibility, such as certificates of insurance or copies of insurance policies, prior to commencing any operations pursuant to the contract or at any time requested by the board of supervisors or correctional administrator.
(v) A provision that permits the correctional administrator to immediately terminate the contract with a private agency or entity at any time that the contractor fails to demonstrate evidence of financial responsibility.
(C) All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208.
(D) The board of supervisors, the correctional administrator, and the designee of the correctional
administrator shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.
(E) The failure of the private agency or entity to comply with statutory provisions and requirements or with the standards established by the contract and with the correctional administrator may be sufficient cause to terminate the contract.
(F) Upon the discovery that a private agency or entity with whom there is a contract is not in compliance pursuant to this paragraph, the correctional administrator shall give 60 days’ notice to the director of the private agency or entity that the contract may be canceled if the specified deficiencies are not corrected.
(G) Shorter notice may be given or the contract may be canceled without notice whenever a serious threat to
public safety is present because the private agency or entity has failed to comply with this section.
(k) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the following:
(1) A current liability insurance policy.
(2) A current errors and omissions insurance policy.
(3) A surety bond.
SEC. 4.
Section 1203.1ab of the Penal Code is amended to read:1203.1ab.
Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in or permitted by Section 1203.1, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. If the defendant is an adult over 21 years of age and under the jurisdiction of the criminal court, is required to submit to testing, and has the financial ability to pay all or part of the costs associated with that testing, the court shall order the defendant to pay a reasonable fee, which shall not exceed the actual cost of the testing.SEC. 5.
Section 1208.2 of the Penal Code is amended to read:1208.2.
(a) (1) This section shall apply to individuals authorized to participate in a work furlough program pursuant to Section 1208, or to individuals authorized to participate in an electronic home detention program pursuant to Section 1203.016 or 1203.018, or to individuals authorized to participate in a county parole program pursuant to Article 3.5 (commencing with Section 3074) of Chapter 8 of Title 1 of Part 3.(2) As used in this section, as appropriate, “administrator” means the sheriff, probation officer, director of the county department of corrections, or county parole administrator.
(b) (1) A board of supervisors which
that implements programs identified in paragraph (1) of subdivision (a), may prescribe a program administrative fee and an application fee, that together shall not exceed the pro rata cost of the program to which the person is accepted, including equipment, supervision, and other operating costs, except as provided in paragraphs (2) and (3).
(2) With regard to a privately operated electronic home detention program pursuant to Section 1203.016 or 1203.018, the limitation, described in paragraph (1), in prescribing a program administrative fee and application fee shall not apply.
(3) With regard to an electronic home detention program operated pursuant to Section 1203.016, whether or not the program is privately operated, any administrative fee or
application fee prescribed by a board of supervisors shall only apply to adults over 21 years of age and under the jurisdiction of the criminal court.
(c) The correctional administrator, or his or her designee, shall not have access to a person’s financial data prior to granting or denying a person’s participation in, or assigning a person to, any of the programs governed by this section.
(d) The correctional administrator, or his or her designee, shall not consider a person’s ability or inability to pay all or a portion of the program fee for the purposes of granting or denying a person’s participation in, or assigning a person to, any of the programs governed by this section.
(e) For purposes of this section, “ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the
costs, of providing supervision and shall include, but shall not be limited to, consideration of all of the following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event shall the administrator, or his or her designee, consider a period of more than six months from the date of acceptance into the program for purposes of determining reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment within the six-month period from the date of acceptance into the program.
(4) Any other factor that may bear upon the person’s financial capability to reimburse the county for the fees fixed pursuant to subdivision (b).
(f) The administrator, or his or her designee, may charge a person the fee set by the board of supervisors or any portion of the fee and may determine the method and frequency of payment. Any fee the administrator, or his or her designee, charges pursuant to this section shall not in any case be in excess of the fee set by the board of supervisors and shall be based on the person’s ability to pay. The administrator, or his or her designee, shall have the option to waive the fees for program supervision when deemed necessary, justified, or in the interests of justice. The fees charged for program supervision may be modified or waived at any time based on the changing financial position of the person. All fees paid by persons for program supervision shall be deposited into the general fund of the county.
(g) No person shall be denied consideration for, or be removed from, participation
in any of the programs to which this section applies because of an inability to pay all or a portion of the program supervision fees. At any time during a person’s sentence, the person may request that the administrator, or his or her designee, modify or suspend the payment of fees on the grounds of a change in circumstances with regard to the person’s ability to pay.
(h) If the person and the administrator, or his or her designee, are unable to come to an agreement regarding the person’s ability to pay, or the amount which that is to be paid, or the method and frequency with which payment is to be made, the administrator, or his or her designee, shall advise the appropriate court of the fact that the person and administrator, or his or her designee, have
not been able to reach agreement and the court shall then resolve the disagreement by determining the person’s ability to pay, the amount which
that is to be paid, and the method and frequency with which payment is to be made.
(i) At the time a person is approved for any of the programs to which this section applies, the administrator, or his or her designee, shall furnish the person a written statement of the person’s rights in regard to the program for which the person has been approved, including, but not limited to, both of the following:
(1) The fact that the person cannot be denied consideration for or removed from participation in the program because of an inability to pay.
(2) The fact that if the person is unable to reach agreement with the administrator, or his or her designee, regarding the person’s ability to pay, the amount which
that is to be paid, or the manner and frequency with which payment is to be made, that the matter shall be referred to the court to resolve the differences.
(j) In all circumstances where a county board of supervisors has approved a program administrator, as described in Section 1203.016, 1203.018, or 1208, to enter into a contract with a private agency or entity to provide specified program services, the program administrator shall ensure that the provisions of this section are contained within any contractual agreement for this purpose. All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208.
SEC. 6.
Section 207.2 of the Welfare and Institutions Code is amended to read:207.2.
A minor who is held in temporary custody in a law enforcement facility that contains a lockup for adults pursuant to subdivision (d) of Section 207.1 may be released to a parent, guardian, or responsible relative by the law enforcement agency operating the facility, or may at the discretion of the law enforcement agency be released into his or her own custody, provided that a minor released into his or her own custody is furnished, upon request, with transportation to his or her home or to the place where the minor was taken into custody.SEC. 7.
Section 332 of the Welfare and Institutions Code is amended to read:332.
A petition to commence proceedings in the juvenile court to declare a child a ward or a dependent child of the court shall be verified and shall contain all of the following:(a) The name of the court to which it is addressed.
(b) The title of the proceeding.
(c) The code section and the subdivision under which the proceedings are instituted. If it is alleged that the child is a person described by subdivision (e) of Section 300, the petition shall include an allegation pursuant to that section.
(d) The name, age, and address, if any, of the child upon whose
behalf the petition is brought.
(e) The names and residence addresses, if known to the petitioner, of both parents and any guardian of the child. If there is no parent or guardian residing within the state, or if his or her place of residence is not known to the petitioner, the petition shall also contain the name and residence address, if known, of any adult relative residing within the county, or, if there is none, the adult relative residing nearest to the location of the court. If it is known to the petitioner that one of the parents is a victim of domestic violence and that parent is currently living separately from the batterer-parent, the address of the victim-parent shall remain confidential.
(f) A concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the petition is being brought is a person within the definition of each
of the sections and subdivisions under which the proceedings are being instituted.
(g) The fact that the child upon whose behalf the petition is brought is detained in custody or is not detained in custody, and if he or she is detained in custody, the date and the precise time the child was taken into custody.
(h) A notice to the father, mother, spouse, or other person liable for support of the child stating that Section 903.1 makes that person, the estate of that person, and the estate of the child liable for the cost to the county of legal services rendered to the parent by a private attorney or a public defender appointed pursuant to the order of the juvenile court and that the liability established by Section 903.1 is joint and several.
SEC. 8.
Section 656 of the Welfare and Institutions Code is amended to read:656.
A petition to commence proceedings in the juvenile court to declare a minor a ward of the court shall be verified and shall contain all of the following:(a) The name of the court to which it is addressed.
(b) The title of the proceeding.
(c) The code section and subdivision under which the proceedings are instituted.
(d) The name, age, and address, if any, of the minor upon whose behalf the petition is brought.
(e) The names and residence addresses, if known to the petitioner, of both of the
parents and any guardian of the minor. If there is no parent or guardian residing within the state, or if his or her place of residence is not known to the petitioner, the petition shall also contain the name and residence address, if known, of any adult relative residing within the county, or, if there are none, the adult relative residing nearest to the location of the court.
(f) A concise statement of facts, separately stated, to support the conclusion that the minor upon whose behalf the petition is being brought is a person within the definition of each of the sections and subdivisions under which the proceedings are being instituted.
(g) The fact that the minor upon whose behalf the petition is brought is detained in custody or is not detained in custody, and if he or she is detained in custody, the date and the precise time the minor was taken into custody.
(h) In a proceeding alleging that the minor comes within Section 601, notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the petition shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall explain the provisions of Section 170.6 of the Code of Civil Procedure.
(i) If a proceeding is pending against a minor child for a violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal Code, a notice to the parent or legal guardian of
the minor that if the minor is found to have violated either or both of these provisions that (1) any community service which that may be required of the minor may be performed in the presence, and under the direct supervision, of the parent or legal guardian pursuant to either or both of these provisions, and (2) if the minor is personally unable to pay any fine levied for the violation of either or both of these provisions, that the parent or legal guardian of the minor shall be liable for payment of the fine pursuant to those sections.
(j) A notice to the parent or guardian of the minor that if the minor is ordered to make restitution to the victim pursuant to Section 729.6, as operative on or before August 2, 1995, Section 731.1, as operative on or
before August 2, 1995, or Section 730.6, or to pay fines or penalty assessments, the parent or guardian may be liable for the payment of restitution, fines, or penalty assessments.
SEC. 9.
Section 729.9 of the Welfare and Institutions Code is amended to read:729.9.
If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.SEC. 10.
Section 871 of the Welfare and Institutions Code is amended to read:871.
(a) Any person under the custody of a probation officer or any peace officer in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility, who escapes or attempts to escape from the institution or facility in which he or she is confined, who escapes or attempts to escape while being conveyed to or from such an institution or facility, or who escapes or attempts to escape while outside or away from such an institution or facility while under the custody of a probation officer or any peace officer, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year.(b) Any person who commits any of the acts described in subdivision (a) by use of force or
violence shall be punished by imprisonment in a county jail for not more than one year or by imprisonment in the state prison.
(c) The willful failure of a person under the custody of a probation officer or any peace officer in a county juvenile hall, or committed to a county juvenile ranch ranch, camp, or forestry camp, to return to the county juvenile hall, ranch, camp, or forestry camp at the prescribed time while outside or away from the county facility on furlough or temporary release constitutes an escape punishable as provided in subdivision (a). However, a willful failure to return at the prescribed time shall not be considered an escape if the failure to return was reasonable under the circumstances.
(d) A minor who, while under the supervision of a probation officer, removes his or her electronic monitor without authority and who, for more than 48 hours, violates the terms and conditions of his or her probation relating to the proper use of the electronic monitor shall be guilty of a misdemeanor. If an electronic monitor is damaged or discarded while in the possession of the minor, restitution for the cost of replacing the unit may be ordered as part of the punishment.
(e) The liability established by this section shall be limited by the financial ability of the person or persons ordered to pay restitution under this section, who shall be entitled to an evaluation and determination of ability to pay under Section 903.45.
(f) For purposes of this section, “regional facility” means any facility used by one or more
public entities for the confinement of juveniles for more than 24 hours.
SEC. 11.
Section 900 of the Welfare and Institutions Code is amended to read:900.
(a) If it is necessary that provision be made for the expense of support and maintenance of a ward or dependent child of the juvenile court or of a minor person concerning whom a petition has been filed in accordance with this chapter, the order providing for the care and custody of the ward, dependent child, or other minor person shall direct that the whole expense of support and maintenance of the ward, dependent child, or other minor person be paid(b) This section is applicable to a minor who is the subject of a program of supervision undertaken by the probation department pursuant to Section 301 or 654 and who is temporarily placed out of his or her home by the probation department, with the approval of the court and the minor’s parent or guardian, for a period not to exceed seven days.
SEC. 12.
Section 902 of the Welfare and Institutions Code is repealed.SEC. 13.
Section 903 of the Welfare and Institutions Code is repealed.SEC. 14.
Section 903.1 of the Welfare and Institutions Code is amended to read:903.1.
(a) The father, mother, spouse, or other person liable for the support of a minor and the estate of that person shall be liable for any cost to the county or the court of legal services rendered directly to the father, mother, or spouse, of the minor or any other person liable for the support of the minor, in a dependency proceeding by an attorney appointed pursuant to an order of the juvenile court. The liability of those persons (in this article called relatives) and estates shall be joint and several.(b) Notwithstanding subdivision (a), the father, mother, spouse, or other person liable for the support of the minor, the estate of that person, or the estate of the minor, shall not be liable for the costs of any of the legal services provided to any person
described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.
(c) Fees received pursuant to this section shall be transmitted to the Administrative Office of the Courts in the same manner as prescribed in Section 68085.1 of the Government Code. The Administrative Office of the Courts shall deposit the fees received pursuant to this section into the Trial Court Trust Fund.
SEC. 15.
Section 903.15 of the Welfare and Institutions Code is repealed.SEC. 16.
Section 903.2 of the Welfare and Institutions Code is repealed.SEC. 17.
Section 903.25 of the Welfare and Institutions Code is repealed.SEC. 18.
Section 903.4 of the Welfare and Institutions Code is repealed.SEC. 19.
Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.
(a) The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 903.1 and 903.3, and other reimbursable costs allowed by law, as set forth in this section.(b) In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of legal services as provided for in Section 903.1, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not
present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification
services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parent’s or guardian’s current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a person’s ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the family’s income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county
financial evaluation officer’s determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the
court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the person’s financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1) That the person has a right to a statement of the costs as soon as it is available.
(2) The person’s procedural rights under Section 27755 of the Government Code.
(3) The time limit within which the person’s appearance is required.
(4) A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the person’s written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the person’s financial ability. This order may be granted without further notice to the person, provided a copy of the order is served on the person by
mail.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the person’s ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c) At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d) Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the court’s jurisdiction
over the minor.
SEC. 20.
Section 903.5 of the Welfare and Institutions Code is repealed.SEC. 21.
Section 903.6 of the Welfare and Institutions Code is repealed.SEC. 22.
Section 903.7 of the Welfare and Institutions Code is repealed.(a)If, in the course of appraisal pursuant to Section 11325.2 or at any point during an individual’s participation in welfare-to-work activities in accordance with paragraph (1) of subdivision (a) of Section 11322.85, it is determined that a recipient meets the criteria described in subdivision (b), the recipient is eligible to participate in family stabilization.
(b)(1)A recipient is eligible to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services.
(2)A situation or a crisis that is destabilizing the family in accordance with paragraph (1) may include, but shall not be limited to:
(A)Homelessness or imminent risk of homelessness.
(B)A lack of safety due to domestic violence.
(C)Untreated or undertreated behavioral needs, including mental health or substance abuse-related needs.
(D)A child in the family has been held in temporary custody in a law enforcement facility pursuant to subdivision (d) of Section 207.1.
(c)Family stabilization shall include intensive case management and
services designed to support the family in overcoming the situation or crisis, which may include, but are not limited to, welfare-to-work activities.
(d)Funds allocated for family stabilization in accordance with this section shall be in addition to, and independent of, the county allocations made pursuant to Section 15204.2.
(e)Funds allocated for family stabilization in accordance with this section, or the county allocations made pursuant to Section 15204.2, may be used to provide housing and other needed services to a family during any month that a family is participating in family stabilization.
(f)Each county shall submit to the department a plan, as defined by the department, regarding how it intends to implement
the provisions of this section and shall report information to the department, including, but not limited to, the number of recipients served pursuant to this section, information regarding the services provided, outcomes for the families served, and any lack of availability of services. The department shall provide an update regarding this information to the Legislature during the 2014–15 budget process.
(g)It is the intent of the Legislature that family stabilization be a voluntary component intended to provide needed services and constructive interventions for parents and to assist in barrier removal for families facing very difficult needs. Participants in family stabilization are encouraged to participate, but the Legislature does not intend that parents be sanctioned as part of their experience in this program component. The
Legislature further intends that recipients refusing or unable to follow their family stabilization plans without good cause be returned to the traditional welfare-to-work program.
(a)On and after January 1, 2018, the balance of any court-ordered costs imposed pursuant to Section 903, 903.15, 903.2, 903.25, 903.4, 903.5, 903.6, or 903.7 of the Welfare and Institutions Code, shall be unenforceable and uncollectable, and, on January 1, 2019, the portion of the judgment imposing those costs shall be
vacated.
(b)On and after January 1, 2018, the balance of any court-ordered costs imposed pursuant to Section 903.1 of the Welfare and Institutions Code that are related to the rendering of legal services to a minor by an attorney pursuant to an order of the juvenile court shall be unenforceable and uncollectable, and, on January 1, 2019, the portion of the judgment imposing those costs shall be vacated.
