Bill Text: CA SB889 | 2019-2020 | Regular Session | Amended
Bill Title: Juveniles: Juvenile court jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB889 Detail]
Download: California-2019-SB889-Amended.html
Amended
IN
Senate
March 25, 2020 |
Introduced by Senator Skinner |
January 24, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court.
This bill would state the intent of the Legislature to raise the age limit on California’s youth justice system.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 208.5 of the Welfare and Institutions Code is amended to read:208.5.
(a) Notwithstanding any other law, in any case in which aSEC. 2.
Section 602 of the Welfare and Institutions Code is amended to read:602.
(a) Except as provided in Section 707, anySEC. 3.
Section 603 of the Welfare and Institutions Code is amended to read:603.
(a) No court shall have jurisdiction to conduct a preliminary examination or to try the case of any person upon an accusatory pleading charging that person with the commission of a public offense or crime when the person was underSEC. 4.
Section 604 of the Welfare and Institutions Code is amended to read:604.
(a) Whenever a case is before any court upon an accusatory pleading and it is suggested or appears to the judge before whom the person is brought that the person charged was, at the date the offense is alleged to have been committed, underSEC. 5.
Section 605 of the Welfare and Institutions Code is amended to read:605.
Whenever a petition is filed in a juvenile court alleging that aSEC. 6.
Section 606 of the Welfare and Institutions Code is amended to read:606.
When a petition has been filed in a juvenile court, theSEC. 7.
Section 607 of the Welfare and Institutions Code is amended to read:607.
(a) The court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attainsSEC. 8.
Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.
(a) (1) On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:SEC. 9.
Section 607.3 of the Welfare and Institutions Code is amended to read:607.3.
On and after January 1, 2012, at the hearing required under Section 607.2 for a ward who isSEC. 10.
Section 625.1 of the Welfare and Institutions Code is amended to read:625.1.
AnySEC. 11.
Section 626 of the Welfare and Institutions Code is amended to read:626.
An officer who takes aSEC. 12.
Section 626.5 of the Welfare and Institutions Code is amended to read:626.5.
If an officer who takes a minor into temporary custody under the provisions of Section 625 determines that theSEC. 13.
Section 628 of the Welfare and Institutions Code is amended to read:628.
(a) (1) Upon delivery to the probation officer of aSEC. 14.
Section 628.1 of the Welfare and Institutions Code is amended to read:628.1.
If theUnless
A minor
SEC. 15.
Section 630 of the Welfare and Institutions Code is amended to read:630.
(a) If the probation officer determines that theSEC. 16.
Section 631 of the Welfare and Institutions Code is amended to read:631.
(a) Except as provided in subdivision (b), whenever aSEC. 17.
Section 631.1 of the Welfare and Institutions Code is amended to read:631.1.
When aSEC. 18.
Section 632 of the Welfare and Institutions Code is amended to read:632.
(a) Except as provided in subdivision (b), unless sooner released, aSEC. 19.
Section 634 of the Welfare and Institutions Code is amended to read:634.
When it appears to the court that theSEC. 20.
Section 634.6 of the Welfare and Institutions Code is amended to read:634.6.
Any counsel upon entering an appearance on behalf of aSEC. 21.
Section 635.1 of the Welfare and Institutions Code is amended to read:635.1.
When the court finds aSEC. 22.
Section 636 of the Welfare and Institutions Code is amended to read:636.
(a) If the youth is a minor and it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another thatSEC. 23.
Section 636.01 is added to the Welfare and Institutions Code, to read:636.01.
(a) If the youth is not a minor and it appears upon the hearing that the youth has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the person or property of another that they be detained or that the youth is likely to flee to avoid the jurisdiction of the court, the court may make its order that the youth be detained in the juvenile hall or other suitable place designated by the juvenile court, provided there is a local plan in compliance with federal law, for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the person or property of another that the youth be detained.SEC. 24.
Section 654.1 of the Welfare and Institutions Code is amended to read:654.1.
(a) Notwithstanding Section 654 or any other provision of law, in any case in which aSEC. 25.
Section 654.2 of the Welfare and Institutions Code is amended to read:654.2.
(a) If a petition has been filed by the prosecuting attorney to declare aSEC. 26.
Section 654.3 of the Welfare and Institutions Code is amended to read:654.3.
NoSEC. 27.
Section 654.6 of the Welfare and Institutions Code is repealed.A program of supervision pursuant to Section 654 or 654.2 for any minor described in Section 602 shall include constructive assignments that will help the minor learn to be responsible for his or her actions. The assignments may include, but not be limited to, requiring the minor to perform at least 10 hours of community service, requiring the minor to repair damaged property or to make other appropriate restitution, or requiring the minor to participate in an educational or counseling program.
SEC. 28.
Section 724 is added to the Welfare and Institutions Code, to read:724.
(a) For any youth adjudged a ward of the court, the court shall direct the probation department to develop an individualized treatment and rehabilitation plan that is family-centered, strength-based, and built around positive incentives and rewards. This plan shall incorporate strategies to help the youth understand the impact of the harm they caused to the victim and society.SEC. 29.
Section 725 of the Welfare and Institutions Code is amended to read:725.
After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:SEC. 30.
Section 726 of the Welfare and Institutions Code is amended to read:726.
(a) In all cases in which a minor is adjudged a ward or dependent child of the court, the court may limit the control to be exercised over the ward or dependent child by any parent or guardian and shall, in its order, clearly and specifically set forth all those limitations, but no ward or dependent child shall be taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of the following facts:SEC. 31.
Section 727 of the Welfare and Institutions Code is amended to read:727.
(a) (1) If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is aSEC. 32.
Section 729 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 33.
Section 729.1 of the Welfare and Institutions Code is repealed.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to wash, paint, repair or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and his or her parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), “public transit vehicle” means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 34.
Section 729.3 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of his or her parent or guardian, the court, as a condition of probation, may require the minor to submit to urine testing upon the request of a peace officer or probation officer for the purpose of determining the presence of alcohol or drugs.
SEC. 35.
Section 729.5 of the Welfare and Institutions Code is amended to read:729.5.
(a) If a petition alleges that aSEC. 36.
Section 729.6 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court shall, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents consistent with Section 730.7 to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.
SEC. 37.
Section 729.7 of the Welfare and Institutions Code is repealed.At the request of the victim, the probation officer shall assist in mediating a service contract between the victim and the minor under which the amount of restitution owed to the victim by the minor pursuant to Section 729.6, as operative on or before August 2, 1995, or Section 730.6 may be paid by performance of specified services. If the court approves of the contract, the court may make performance of services under the terms of the contract a condition of probation. Successful performance of service shall be credited as payment of restitution in accordance with the terms of the contract approved by the court.
SEC. 38.
Section 729.8 of the Welfare and Institutions Code is repealed.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 shall apply to this section.
(c)As used in this section, “community service” means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 39.
Section 729.9 of the Welfare and Institutions Code is repealed.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. 40.
Section 750 of the Welfare and Institutions Code is amended to read:750.
(a) Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county whereSEC. 41.
Section 774 is added to the Welfare and Institutions Code, immediately preceding Section 775, to read:774.
Any petition to change or modify an order of the court shall indicate that a response matrix was considered to determine the least restrictive option appropriate.SEC. 42.
Section 777 of the Welfare and Institutions Code is amended to read:777.
An order changing or modifying a previous order by removing aSEC. 43.
Section 778 of the Welfare and Institutions Code is amended to read:778.
(a) (1) Any parent or other person having an interest in aSEC. 44.
Section 790 of the Welfare and Institutions Code is amended to read:790.
(a) Notwithstanding Section 654 or 654.2, or any other provision of law, this article shall apply whenever a case is before the juvenile court for a determination of whether aSEC. 45.
Section 790.1 is added to the Welfare and Institutions Code, to read:790.1.
(a) For any youth found suitable for deferred entry of judgment pursuant to Section 790 the court shall direct the probation department to develop an individualized treatment and rehabilitation plan that is family-centered, strength-based, and built around positive incentives and rewards. The plan shall incorporate strategies to help the youth understand the impact of the harm they caused to the victim and society.SEC. 46.
Section 826 of the Welfare and Institutions Code is amended to read:826.
(a) After five years from the date on which the jurisdiction of the juvenile court over aIt is the intent of the Legislature to raise the age limit on California’s youth justice system.