Bill Text: CA SB941 | 2015-2016 | Regular Session | Amended
Bill Title: Juveniles.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From committee without further action. [SB941 Detail]
Download: California-2015-SB941-Amended.html
BILL NUMBER: SB 941 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Mitchell
FEBRUARY 3, 2016
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,
to amend Section 19280 of the Revenue and Taxation Code,
and to amend Sections 207.2, 332, 656, 729.9, 871, 900,
903.1, and 11325.24 of, and to repeal Sections 902, 903,
903.1, 903.15, 903.2, 903.25, 903.4, 903.45,
903.47, 903.5, 903.6, 903.7, and 904 of, the
Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 941, 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 the 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. 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 authorize the court to order a defendant to pay
that reasonable fee only if the defendant is an adult.
adult who is over 21 years of age and under the
jurisdiction of the criminal court. The bill would also delete
the authorization to charge the minor that reasonable fee. By
increasing county costs associated with drug and substance abuse
testing, this bill would impose a state-mandated local program.
(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 county boards of supervisors authorization to
establish a maximum amount that the court may order the county to
pay. By increasing county funding obligations, this bill would impose
a state-mandated local program.
(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, committed to, any institution or other
place pursuant to specified provisions of law or pursuant to an order
of the juvenile court; the cost of the legal services rendered to
the minor by an attorney pursuant to an order of the juvenile court;
and the cost of probation supervision, home supervision, or
electronic surveillance of the minor, pursuant to the order of the
juvenile court.
This bill would repeal these provisions.
provisions and specify that, on and after January 1, 2017, the
balance of any court-ordered costs imposed pursuant those provisions
is unenforceable and uncollectable. The bill would, on January 1,
2018, require the portion of the judgment imposing those costs to be
vacated. The bill would make other conforming changes. By
increasing county funding obligations, this bill would impose a
state-mandated local program.
(5) Existing law establishes the Foster Children and Parent
Training Fund in the State Treasury for purposes of supporting foster
parent training programs conducted by 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.
(6) 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 includes when a child in the family has been
held in temporary custody in a law enforcement facility, as
specified.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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 Section Sections 903.1 and 903.3 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
Section Sections 903.1 and 903.3 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 the 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) Whenever 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, 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 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 Section 1203.016, whether or not the program is privately
operated, any administrative fee or application fee prescribed by a
board of supervisors shall not apply to minors participating
in the program. only apply to adults over 21 years of
age and unde r 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 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 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 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 19280 of the Revenue and
Taxation Code is amended to read:
19280. (a) (1) Fines, state or local penalties, bail,
forfeitures, restitution fines, restitution orders, or any other
amounts imposed by a juvenile or superior court of the State of
California upon a person or any other entity that are due and payable
in an amount totaling no less than one hundred dollars ($100), in
the aggregate, for criminal offenses, including all offenses
involving a violation of the Vehicle Code, may, no sooner than 90
days after payment of that amount becomes delinquent, be referred by
the juvenile or superior court, the county, or the state to the
Franchise Tax Board for collection under guidelines prescribed by the
Franchise Tax Board. Unless the victim of the crime notifies the
Department of Corrections and Rehabilitation or county to the
contrary, the Department of Corrections and Rehabilitation or county
may refer a restitution order to the Franchise Tax Board, in
accordance with subparagraph (B) of paragraph (2), for any person
subject to the restitution order who is or has been under the
jurisdiction of the Department of Corrections and Rehabilitation or
county.
(2) For purposes of this subdivision:
(A) The amounts referred by the juvenile or superior court, the
county, or the state under this section may include an administrative
fee and any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction. For purposes of this article, those amounts
shall be deemed to be imposed by the court.
(B) Restitution orders may be referred to the Franchise Tax Board
only by a government entity, as agreed upon by the Franchise Tax
Board, provided that all of the following apply:
(i) The government entity has the authority to collect on behalf
of the state or the victim.
(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.
(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by superior courts, counties, or
other state agencies.
(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.
(C) The Franchise Tax Board shall establish criteria for referral
that shall include setting forth a minimum dollar amount subject to
referral and collection.
(b) The Franchise Tax Board, in conjunction with the Judicial
Council, shall seek whatever additional resources are needed to
accept referrals from all 58 counties or superior courts.
(c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to
the State of California, and shall be collected from the debtor by
the Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
(d) (1) Part 10 (commencing with Section 17001), this part, Part
10.7 (commencing with Section 21001), and Part 11 (commencing with
Section 23001) shall apply to amounts referred under this article in
the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in full
into this article, except to the extent that any provision is either
inconsistent with this article or is not relevant to this article.
(2) Any information, information sources, or enforcement remedies
and capabilities available to the court or the state referring to the
amount due described in subdivision (a) shall be available to the
Franchise Tax Board to be used in conjunction with, or independent
of, the information, information sources, or remedies and
capabilities available to the Franchise Tax Board for purposes of
administering Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), or Part 11 (commencing
with Section 23001).
(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001) and Part
11 (commencing with Section 23001).
(f)
For amounts referred for collection under subdivision (a), interest
shall accrue at the greater of the rate applicable to the amount due
being collected or the rate provided under Section 19521. When notice
of the amount due includes interest and is mailed to the debtor and
the amount is paid within 15 days after the date of notice, interest
shall not be imposed for the period after the date of notice.
(g) A collection under this article is not a payment of income
taxes imposed under Part 10 (commencing with Section 17001) or Part
11 (commencing with Section 23001).
SEC. 7. 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. 8. 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 child
or 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. 9. 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) A notice to the father, mother, spouse, or other person liable
for support of the minor child stating that Section 903.1 may make
that person, the estate of that person, and the estate of the minor
child liable for the cost to the county of legal services rendered to
the minor 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.
(h)
( i) 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)
( j) 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 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)
( k) 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. 10. 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. 11. 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 the 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 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, upon request, be entitled
to an evaluation and determination of ability to pay.
(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. 12. 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 the provisions of
this chapter, the order providing for the care and custody
of such the ward, dependent
child child, or other minor person shall direct
that the whole expense of support and maintenance of such
the ward, dependent child
child, or other minor person be paid from the county
treasury. All orders made pursuant to the provisions of
this section shall state the amounts to be so
paid from the county treasury, and such
those amounts shall constitute legal charges against the
county.
(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. 13. SEC. 12. Section 902 of the
Welfare and Institutions Code is repealed.
SEC. 14. SEC. 13. Section 903 of the
Welfare and Institutions Code is repealed.
SEC. 15. Section 903.1 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, the estate of that person, and the estate of
the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered to
the minor by an attorney pursuant to an order of the juvenile court.
The
903.1. (a) The
father, mother, spouse, or other person liable for the support of a
minor and the estate of that person shall also 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 a joint and
several liability. 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. 16. SEC. 15. Section 903.15 of
the Welfare and Institutions Code is repealed.
SEC. 17. SEC. 16. Section 903.2 of
the Welfare and Institutions Code is repealed.
SEC. 18. SEC. 17. Section 903.25 of
the Welfare and Institutions Code is repealed.
SEC. 19. SEC. 18. Section 903.4 of
the Welfare and Institutions Code is repealed.
SEC. 20. SEC. 19. Section 903.45 of
the Welfare and Institutions Code is repealed.
SEC. 21. Section 903.47 of the Welfare and
Institutions Code is repealed.
SEC. 22. SEC. 20. Section 903.5 of
the Welfare and Institutions Code is repealed.
SEC. 23. SEC. 21. Section 903.6 of
the Welfare and Institutions Code is repealed.
SEC. 24. SEC. 22. Section 903.7 of
the Welfare and Institutions Code is repealed.
SEC. 25. SEC. 23. Section 904 of the
Welfare and Institutions Code is repealed.
SEC. 26. SEC. 24. Section 11325.24
of the Welfare and Institutions Code is amended to read:
11325.24. (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.
SEC. 25. (a) On and after
January 1, 2017, the balance of any court-ordered costs imposed
pursuant 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, 2018, the portion of the
judgment imposing those costs shall be vacated.
(b) On and after January 1, 2017, the balance of any court-ordered
costs imposed pursuant 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, 2018, the portion
of the judgment imposing those costs shall be vacated.
SEC. 27. SEC. 26. With regard to
certain costs, to the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs or
levels of service mandated by the 2011 Realignment Legislation within
the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent
that the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state nor
otherwise be subject to Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
