Bill Text: CA AB1643 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 1643

Bill Title: Juveniles: informal supervision.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 850, Statutes of 2023. [AB1643 Detail]

Download: California-2023-AB1643-Chaptered.html

Assembly Bill No. 1643

CHAPTER 850

An act to amend Sections 653.5 and 654.3 of the Welfare and Institutions Code, relating to juveniles.

[ Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 1643, Bauer-Kahan. Juveniles: informal supervision.

Existing law subjects a person between 12 and 17 years of age, inclusive, who commits a crime, and a person under 12 years of age who commits specified crimes, to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision for a minor who is alleged to have committed a crime. Existing law makes a minor ineligible for that program of supervision for specified reasons, including if the minor is alleged to have committed an offense in which the restitution owed to the victim exceeds $1,000, except in those unusual cases in where the interest of justice would best be served.

This bill would instead prohibit a minor from participating in a program of supervision if the minor has committed an offense in which the restitution owed exceeds $5,000.

Upon receipt of an application to commence proceedings in the juvenile court, as specified, existing law requires a probation officer to make any investigation the officer deems necessary to determine whether proceedings in the juvenile court should be commenced. Existing law requires the probation officer to commence proceedings within 48 hours if the minor has been referred to the probation officer for specified offenses, including if the minor is alleged to have committed an offense in which restitution owed to the victim exceeds $1,000.

This bill would instead require the probation officer to commence proceedings within 48 hours if the minor is alleged to have committed an offense in which restitution owed to the victim exceeds $5,000.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 653.5 of the Welfare and Institutions Code is amended to read:

653.5.

(a) Whenever any person applies to the probation officer to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a minor within the provisions of Section 602, or that a minor committed an offense described in Section 602 within the county, and setting forth facts in support thereof. The probation officer shall immediately make any investigation the probation officer deems necessary to determine whether proceedings in the juvenile court shall be commenced. If the probation officer determines that it is appropriate to recommend services to the family to prevent or eliminate the need for removal of the minor from the minor’s home, the probation officer shall make a referral to those services. The probation officer shall refer the youth to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department.

(b) Except as provided in subdivision (c), if the probation officer determines that proceedings pursuant to Section 650 should be commenced to declare a person to be a ward of the juvenile court on the basis that the minor is a person described in Section 602, the probation officer shall cause the affidavit to be taken to the prosecuting attorney.

(c) Notwithstanding subdivision (b), the probation officer shall cause the affidavit to be taken within 48 hours to the prosecuting attorney in all of the following cases:

(1) If it appears to the probation officer that the minor has been referred to the probation officer for any violation of an offense listed in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707.

(2) If it appears to the probation officer that the minor is under 14 years of age at the date of the offense and that the offense constitutes a second felony referral to the probation officer.

(3) If it appears to the probation officer that the minor was 14 years of age or older at the date of the offense and that the offense constitutes a felony referral to the probation officer.

(4) If it appears to the probation officer that the minor has been referred to the probation officer for the sale or possession for sale of a controlled substance as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.

(5) If it appears to the probation officer that the minor has been referred to the probation officer for a violation of Section 11350 or 11377 of the Health and Safety Code where the violation takes place at a public or private elementary, vocational, junior high school, or high school, or a violation of Section 245.5, 626.9, or 626.10 of the Penal Code.

(6) If it appears to the probation officer that the minor has been referred to the probation officer for a violation of Section 186.22 of the Penal Code.

(7) If it appears to the probation officer that the minor has committed an offense in which the restitution owed to the victim exceeds five thousand dollars ($5,000). For purposes of this paragraph, the definition of “victim” in paragraph (1) of subdivision (a) of Section 730.6 and “restitution” in subdivision (h) of Section 730.6 shall apply.

(d) Except for offenses listed in paragraph (5), subdivision (c) shall not apply to a narcotics and drug offense set forth in Section 1000 of the Penal Code.

(e) The prosecuting attorney shall within their discretionary power institute proceedings in accordance with their role as public prosecutor pursuant to subdivision (b) of Section 650 and Section 26500 of the Government Code. However, if it appears to the prosecuting attorney that the affidavit was not properly referred, that the offense for which the minor was referred should be charged as a misdemeanor, or that the minor may benefit from a program of informal supervision, they shall refer the matter to the probation officer for whatever action the probation officer may deem appropriate.

(f) In all matters where the minor is not in custody and is already a ward of the court or a probationer under Section 602, the prosecuting attorney, within five judicial days of receipt of the affidavit from the probation officer, shall institute proceedings in accordance with their role as public prosecutor pursuant to subdivision (b) of Section 650 of this code and Section 26500 of the Government Code, unless it appears to the prosecuting attorney that the affidavit was not properly referred or that the offense for which the minor was referred requires additional substantiating information, in which case they shall immediately notify the probation officer of what further action they are taking.

(g) This section shall become operative on January 1, 1997.

SEC. 2.

Section 654.3 of the Welfare and Institutions Code is amended to read:

654.3.

(a) A minor shall not be eligible for the program of supervision set forth in Section 654 or 654.2 in the following cases, except where the interests of justice would best be served and the court specifies on the record the reasons for its decision:

(1) A petition alleges that the minor has violated Section 245.5, 626.9, or 626.10 of the Penal Code.

(2) A petition alleges that the minor has violated Section 186.22 of the Penal Code.

(3) The minor has previously participated in a program of supervision pursuant to Section 654.

(4) The minor has previously been adjudged a ward of the court pursuant to Section 602.

(5) (A) A petition alleges that the minor has violated an offense in which the restitution owed to the victim exceeds five thousand dollars ($5,000). However, a minor’s inability to pay restitution due to the minor’s indigence shall not be grounds for finding a minor ineligible for the program of supervision or a finding that the minor has failed to comply with the terms of the program of supervision.

(B) For purposes of this paragraph, the definition of “victim” in paragraph (1) of subdivision (a) of Section 730.6 and “restitution” in subdivision (h) of Section 730.6 shall apply.

(b) A minor shall not be eligible for the program of supervision set forth in Section 654 or 654.2 in the case of a petition alleging that the minor has violated an offense listed in subdivision (b) of Section 707, except in unusual cases where the court determines the interests of justice would be best served and the court specified on the record the reason for its decision.