Bill Text: CA SB498 | 2015-2016 | Regular Session | Amended
Bill Title: Criminal statistics: juveniles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB498 Detail]
Download: California-2015-SB498-Amended.html
BILL NUMBER: SB 498 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2015
INTRODUCED BY Senator Hancock
FEBRUARY 26, 2015
An act to repeal and add Section 13012.5 of the Penal Code,
relating to criminal statistics.
LEGISLATIVE COUNSEL'S DIGEST
SB 498, as amended, Hancock. Criminal statistics: juveniles.
Existing law requires the Department of Justice to collect
specified criminal justice information from local law enforcement
agencies and prepare an annual report presenting the data to the
Governor and certain public officials. Existing law requires this
report to include the annual number of fitness hearings held in the
juvenile court and the annual number of minors whose cases were filed
directly in adult criminal court, as well as the outcomes of those
proceedings, cross-referenced with the age, gender, ethnicity, and
offense of the minors subject to these court actions. Existing law
also requires the department to include in the report information
regarding certain administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies in dealing
with minors who are the subject of a petition or hearing in the
juvenile court to transfer their cases to adult criminal court or
whose cases were directly filed or otherwise initiated in adult
criminal court.
This bill would require the annual report to include both
statewide and county level information, and would expand the scope
and level of detail in the information reported, by requiring, among
other things, information about the county of commitment,
the type of sentence imposed, referral, and the
age at the time of the alleged offense, and whether gang,
weapon or other sentencing enhancements were imposed.
referral. The bill would also require the department to post on
its Internet Web site additional information, including the number
of people under 21 years of age at the time of their offense who were
sentenced to the state prison, and, beginning July 1, 2017, all
case level data that was compiled to prepare the
report provided to the Governor and other public officials, as
specified. The bill would require the department to post the
information in a format that allows a user to query and download the
information for the most recent reporting year and for prior years or
reporting cycles, as specified, beginning July 1, 2018, for the
preceding calendar year. The bill would also provide that the
information regarding certain administrative actions regarding
juvenile offenders whose cases were transferred to, or directly filed
or originated in, criminal court would be reported beginning with
the report due on July 1, 2017, as specified, thereby suspending the
requirement to make that report for one year.
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. Section 13012.5 of the Penal Code is repealed.
SEC. 2. Section 13012.5 is added to the Penal Code, to read:
13012.5. (a) (1) The annual
report published by the department under Section 13010 shall, in
regard to the contents required by subdivision (d) of Section 13012,
include the following statewide and county level information:
(A)
(1) For each year, the number of fitness hearings held
in the juvenile courts pursuant to Section 707 of the Welfare and
Institutions Code, and the outcomes of those hearings, including
orders to remand to adult criminal court, cross-referenced with
information about the age at the time of the alleged
offense, referral, gender, race or ethnic
subgroup, county of commitment, referral, and
most serious offense resulting in juvenile
adjudication or conviction, and whether gang, weapon, or other
sentencing enhancements were alleged against at the
time of referral of the minors whose cases were the subject of
those fitness hearings.
(B)
(2) For each year, the number of minors whose cases
were filed directly in adult criminal court pursuant to subdivision
(b) of Section 602 or Section 707 of the Welfare and Institutions
Code, classified according to whether the case was filed
under whichever of those provisions applies, the code
section under which the case was filed, and cross-referenced
with information about the age at the time of the alleged
offense, referral, gender, race or ethnic
subgroup, county of commitment, most serious offense
resulting in juvenile adjudication or conviction, and whether gang,
weapon, or other sentencing enhancements were alleged against
referral, and most serious offense at the time of
referral of the minors whose cases were filed directly in adult
criminal court.
(C)
(3) The For each year, the
outcomes of cases involving minors who were prosecuted in adult
criminal courts, including whether the minor was acquitted or
convicted, or whether the case was dismissed, diverted and dismissed,
or certified to juvenile court, and sentencing outcomes, including
information regarding gang, weapon, or other sentencing
enhancements, and the type of sentence, including receiving
a fine, a jail term, probation with jail, probation, an adult prison
term, or placement in the custody of the Division of Juvenile
Justice, cross-referenced with whether the case was filed directly in
adult criminal court pursuant to subdivision (b) of Section 602 or
Section 707 of the Welfare and Institutions Code, or remanded to
adult criminal court by the juvenile court, the age at the time of
the alleged offense, booking, gender,
race or ethnic subgroup, county of commitment, length of
time in custody prior to disposition of the case,
booking, and most serious offense
category resulting in conviction of the minors subject to these
court actions.
(4) For each year, the length of time spent in juvenile hall for
minors whose case was filed in adult criminal court and who were
released from juvenile hall, cross-referenced with whether the case
was filed directly in adult criminal court pursuant to subdivision
(b) of Section 602 or Section 707 of the Welfare and Institutions
Code, or remanded to adult criminal court by the juvenile court, the
age at the time of referral, gender, race or ethnic subgroup, county
of referral, and most serious offense at the time of referral.
(D)
(5) For each year, the number of minors 14 years of age
or older at the time of referral whose cases were filed
in juvenile court for offenses pursuant to subdivision (b) of Section
707 of the Welfare and Institutions Code, cross-referenced with
information about the age at the time of the alleged
offense, referral, gender, race or ethnic
subgroup, county of filing, referral,
most serious alleged offense filed, the
offense or offenses for which a petition was sustained, including
whether gang, weapon, or other sentencing enhancements were attached,
at the time of referral, and the level
of disposition, type of detention or placement,
including placement at home or with a relative, in a nonsecure
county facility, in a secure county facility, in another public
facility, in another private facility, or in the custody of the
Division of Juvenile Justice.
(E)
(6) The Using data submitted by
the Department of Corrections and Rehabilitation, for each year, a
one-day snapshot of the total number of people who were under
21 years of age at the time of their offenses who are currently
committed to the Department of Corrections and Rehabilitation,
cross-referenced with each person's age at the time of the offense,
age at admission to the department, current age, gender,
race or ethnic subgroup, county of commitment, most serious
offense, offense resulting in conviction, and
gang, weapon, or other sentencing enhancements attached to the
conviction of the individuals.
(2)
(7) The department shall post on its Internet
Web site annually Using data submitted by
the Department of Corrections and Rehabilitation, for each year,
the number of people who were under 21 years of age at the time
of the offense and who were sentenced to state prison,
including those sentenced to state prison who were ordered to serve
their terms in a county facility, and the number of those people who
were still serving sentences at the end of the year, the offense or
offenses for which each person was convicted, and the sentence and
enhancements for each offense, cross-referenced with the person's age
at the time of the offense, current age, gender, race or ethnic
subgroup, county of commitment, and the date of the offense.
committed to the department, cross-referenced with the
most serious offense resulting in conviction and the sentence,
including any gang, weapon, or other sentencing
enhancements that were attached, cross-referenced with the person's
age at the time of the offense, age at admission to the department,
current age, gender, race or ethnic subgroup, and county of
commitment.
(b) The department's annual report published pursuant to Section
13010 shall include the information described in subdivision (d) of
Section 13012, beginning with the report due on July 1, 2017, for the
preceding calendar year.
(c) The department shall post on its Internet Web site all
case level data compiled to prepare the report
required by subdivision (a) in a downloadable format, beginning on
July 1, 2017, for the preceding calendar year, including,
but not limited to, the following information: year.
(1) The minor's residence ZIP Code at the time of the offense.
(2) The number of petitions sustained against the minor prior to
the offense resulting in adult criminal court prosecution.
(3) The most serious offense alleged at the time of arrest and
whether gang, weapon or other sentencing allegations were attached.
(4) The most serious alleged offense filed and whether gang,
weapon, or other sentencing enhancement allegations were attached.
(5) The most serious offense resulting in conviction and whether
gang, weapon, or other sentencing enhancements were attached.
(d) The department shall post on its Internet Web site the
information required by subdivisions (a), (b), and (c) in a format
that allows a user to query and download the information for the most
recent reporting year and for prior years or reporting cycles for
which the information is available, beginning on July 1, 2018, for
the preceding calendar year.
