Bill Text: CA AB1868 | 2019-2020 | Regular Session | Amended
Bill Title: Juvenile justice realignment: Office of Youth and Community Restoration.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file by unanimous consent. [AB1868 Detail]
Download: California-2019-AB1868-Amended.html
Amended
IN
Senate
August 28, 2020 |
Amended
IN
Assembly
February 25, 2020 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Chiu, Cooper, Frazier, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Weber, Wicks, and Wood) |
January 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) Evidence has demonstrated that justice system-involved youth are more successful when they remain connected to their families and communities. Justice system-involved youth who remain in their communities have lower recidivism rates and are more prepared for their transition back into the community.SEC. 2.
Section 12803 of the Government Code, as amended by Section 1 of Chapter 38 of the Statutes of 2019, is amended to read:12803.
(a) The California Health and Human Services Agency consists of the following departments: Aging; Community Services and Development; Developmental Services; Health Care Services; Managed Health Care; Public Health; Rehabilitation; Social Services; and State Hospitals.(d)This section shall become
inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 3.
Section 12803 of the Government Code, as added by Section 2 of Chapter 38 of the Statutes of 2019, is repealed.(a)The California Health and Human Services Agency consists of the California Department of Aging, the Department of Community Services and Development, the State Department of Developmental Services, the State Department of Health Care Services, the Department of Managed Health Care, the State Department of Public Health, the Department of Rehabilitation, the State Department of Social Services, the State Department of State Hospitals, and the Department of Youth and Community Restoration.
(b)The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, and the State Council on Developmental Disabilities.
(c)The agency
also includes the Department of Child Support Services, which is the single organizational unit designated as the state’s Title IV-D agency with the responsibility for administering the state plan and providing services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations as required by Section 654 of Title 42 of the United States Code. State plan functions shall be performed by other agencies as required by law, by delegation of the department, or by cooperative agreements.
(d)This section shall become operative July 1, 2020.
SEC. 4.
Section 12803 is added to the Government Code, to read:12803.
(a) The California Health and Human Services Agency consists of the following departments: Aging; Community Services and Development; Developmental Services; Health Care Services; Managed Health Care; Public Health; Rehabilitation; Social Services; and State Hospitals.SEC. 5.
Article 1 (commencing with Section 12820) of Chapter 1 of Part 2.5 of Division 3 of Title 2 of the Government Code is repealed.SEC. 6.
Section 12838 of the Government Code, as added by Section 22 of Chapter 25 of the Statutes of 2019, is repealed.(a)There is hereby created in state government the Department of
Corrections and Rehabilitation, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. The Department of Corrections and Rehabilitation shall consist of Adult Operations, Adult Programs, Health Care Services, the Board of Parole Hearings, the Prison Industry Authority, and the Prison Industry Board.
(b)The Governor, upon recommendation of the secretary, may appoint three undersecretaries of the Department of Corrections and Rehabilitation, subject to Senate confirmation. The undersecretaries shall hold office at the pleasure of the Governor. One undersecretary shall oversee administration, one undersecretary shall oversee health care services, and one undersecretary shall oversee operations for the department.
(c)The Governor, upon recommendation of the secretary, shall appoint a Chief
for the Office of Victim Services, and a Chief for the Office of Correctional Safety, both of whom shall serve at the pleasure of the Governor.
(d)This section shall become operative July 1, 2020.
SEC. 7.
Section 12838 is added to the Government Code, to read:12838.
(a) There is hereby created in state government the Department of Corrections and Rehabilitation, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. The Department of Corrections and Rehabilitation shall consist of Adult Operations, Adult Programs, Health Care Services, Juvenile Justice, the Board of Parole Hearings, the Board of Juvenile Hearings, the State Commission on Juvenile Justice, the Prison Industry Authority, and the Prison Industry Board.SEC. 8.
Section 12838.1 of the Government Code, as added by Section 24 of Chapter 25 of the Statutes of 2019, is repealed.(a)There is hereby created within the Department of Corrections and
Rehabilitation, under the Undersecretary for Administration, the following divisions:
(1)The Division of Enterprise Information Services, the Division of Facility Planning, Construction, and Management, and the Division of Administrative Services. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
(2)The Division of Correctional Policy Research and Internal Oversight. This division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, who shall serve at the pleasure of the Governor.
(b)There is hereby created in the Department of Corrections and Rehabilitation, under the Undersecretary for Health Care
Services, the Division of Health Care Operations and the Division of Health Care Policy and Administration. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
(c)There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, the Division of Adult Parole Operations, and the Division of Rehabilitative Programs. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor.
(d)The Governor shall, upon recommendation of the secretary, appoint four subordinate officers to the Division of Adult
Institutions, subject to Senate confirmation, who shall serve at the pleasure of the Governor. Each subordinate officer appointed pursuant to this subdivision shall oversee an identified category of adult institutions, one of which shall be female offender facilities.
(e)(1)Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Operations” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Adult Institutions.
(2)Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Programs” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Rehabilitative Programs.
(3)Unless the context clearly
requires otherwise, whenever the term “Chief Deputy Secretary for Juvenile Justice” appears in any statute, regulation, or contract, it shall be construed to refer to the Department of Youth and Community Restoration.
(f)This section shall become operative July 1, 2020.
SEC. 9.
Section 12838.1 is added to the Government Code, to read:12838.1.
(a) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Administration, the following divisions:SEC. 10.
Section 830.5 of the Penal Code, as added by Section 31 of Chapter 25 of the Statutes of 2019, is repealed.The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency:
(a)A parole officer of the Department of Corrections and Rehabilitation, probation officer, or deputy probation officer. Except as otherwise provided in this subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1)To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision.
(2)To the escape of any inmate or ward from a state or local institution.
(3)To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.
(4)To violations of any penal provisions of law which are discovered
while performing the usual or authorized duties of the officer’s employment.
(5)(A)To the rendering of mutual aid to any other law enforcement agency.
(B)For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections and Rehabilitation.
(C)Any parole officer of the Department of Corrections and Rehabilitation is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson.
(b)A correctional officer employed by the Department of Corrections and Rehabilitation or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any correctional counselor series employee of the Department of Corrections and Rehabilitation or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals or any employee of the Board of Parole Hearings designated by the secretary or any superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation department.
(c)The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections
and Rehabilitation, a correctional officer or correctional counselor employed by the Department of Corrections and Rehabilitation, any employee of the Department of Corrections and Rehabilitation designated by the secretary or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of State Hospitals. This section does not require licensure pursuant to Section 25400. The secretary or chairperson may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections and Rehabilitation, to review the secretary’s or the chairperson’s decision.
(d)Persons permitted to carry firearms
pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.
(e)The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person’s own time during the person’s off-duty hours.
(f)The secretary shall promulgate regulations consistent with this section.
(g)This section shall become operative July 1, 2020.
SEC. 11.
Section 830.5 is added to the Penal Code, to read:830.5.
The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency:SEC. 12.
Section 830.53 of the Penal Code is repealed.(a)A youth correctional officer employed by the Department of Youth and Community Restoration, having custody of individuals subject to its jurisdiction, a youth correctional counselor series employee of the Department of Youth and Community Restoration, an employee of the Department of Youth and Community Restoration designated by the director, an employee of the Board of Juvenile Hearings designated by the director, and any superintendent, supervisor, or employee having custodial responsibilities in an institution or camp operated by the Department of Youth and Community Restoration is a peace officer whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or
as required under Sections 8597, 8598, and 8617 of the Government Code.
(b)A correctional officer or correctional counselor employed by the Department of Youth and Community Restoration or an employee of the department having custody of wards may carry a firearm while not on duty. This section does not require licensure pursuant to Section 25400. The director may deny, suspend, or revoke for good cause a person’s right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Youth and Community Restoration or the Board of Juvenile Hearings, to review the director’s or chairperson’s decision.
(c)The Department of Youth and Community Restoration shall develop and implement a policy for arming peace officers of the
department who comprise “high-risk transportation details” or “high-risk escape details” no later than December 31, 2020.
(d)The Department of Youth and Community Restoration shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.”
(e)Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain their eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person’s right to carry firearms off duty.
(f)The director shall promulgate regulations consistent with this section.
(g)“High-risk transportation details” and “high-risk escape details” as used in this section shall be determined by the Director of the Department of Youth and Community Restoration, or the director’s designee. The director, or the director’s designee, shall consider at least the protection of the public, protection of officers, flight risk, and violence potential of wards in determining “high-risk transportation details” and “high-risk escape details.”
(h)“Transportation detail” as used in this section includes transportation of wards outside of the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.
(i)This section shall become
operative July 1, 2020.
SEC. 13.
Section 2816 of the Penal Code, as added by Section 40 of Chapter 25 of the Statutes of 2019, is repealed.(a)With the approval of the Department of Finance, there shall be transferred to, or deposited in, the Prison Industries Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations.
(b)Notwithstanding subdivision (i) of Section 2808, the Secretary of the Department of Corrections and Rehabilitation may order any authorized public works project involving the construction, renovation, or repair of prison facilities to be performed by inmate labor, and the Director of the Department of Youth and Community Restoration may request the Department of Corrections and Rehabilitation to order any authorized public
work involving the construction, renovation, or repair of juvenile justice facilities to be performed by ward labor, when the total expenditure does not exceed the project limit established by the first paragraph of Section 10108 of the Public Contract Code. Projects entailing expenditure of greater than the project limit established by the first paragraph of Section 10108 of the Public Contract Code shall be reviewed and approved by the chairperson, in consultation with the board.
(c)Money so transferred or deposited shall be available for expenditure by the department for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Sections 13340 and 16304 of the Government Code. Money transferred or deposited pursuant to this section shall be used only for purposes authorized in this section.
(d)This section shall become operative July 1, 2020.
SEC. 14.
Section 2816 is added to the Penal Code, to read:2816.
(a) With the approval of the Department of Finance, there shall be transferred to, or deposited in, the Prison Industries Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations.SEC. 15.
Section 13015 is added to the Penal Code, to read:13015.
(a) The Department of Justice shall submit a plan for the replacement of the Juvenile Court and Probation Statistical System (JCPSS) with a modern database and reporting system. The plan shall be submitted to the Assembly and Senate budget subcommittees on public safety, and the Assembly and Senate Public Safety Committees by January 1, 2023.SEC. 16.
Section 207.1 of the Welfare and Institutions Code is amended to read:207.1.
(a) A court, judge, referee, peace officer, or employee of a detention facility shall not knowingly detain any minor in a jail or lockup,(b)Any minor who is alleged to have committed an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707 whose case is transferred to a court of criminal jurisdiction pursuant to Section 707.1 after a finding is made that the minor is not a fit and proper subject to be dealt with under the juvenile court law, or any minor who has been charged directly in or transferred to a court of criminal jurisdiction pursuant to Section 707.01, may be detained in a jail or other secure facility for the confinement of adults if all of the following conditions are met:
(1)The juvenile court or the court of criminal jurisdiction makes a finding that the minor’s further detention in the juvenile hall would endanger the safety of the public or would be detrimental to the other minors in the juvenile hall.
(2)Contact between the minor and adults in the facility is restricted in accordance with Section 208.
(3)The minor is adequately supervised.
(c)A minor who is either found not to be a fit and proper subject to be dealt with under the juvenile court law or who will be transferred to a court of criminal jurisdiction pursuant to Section 707.01, at the time of transfer to a court of criminal jurisdiction or at the conclusion of the fitness hearing, as the case may be, shall be entitled to be released on bail or on the minor’s own recognizance upon the same circumstances, terms, and conditions as an adult who is alleged to have committed the same offense.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
SEC. 17.
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 subdivisionSEC. 18.
Section 207.6 of the Welfare and Institutions Code is repealed.A minor may be detained in a jail or other secure facility for the confinement of adults pursuant to subdivision (b) of Section 207.1 or paragraph (1) of subdivision (b) of Section 707.1 only if the court makes its findings on the record and, in addition, finds that the minor poses a danger to the staff, other minors in the juvenile facility, or to the public because of the minor’s failure to respond to the disciplinary control of the juvenile facility, or because the nature of the danger posed by the minor cannot safely be managed by the disciplinary procedures of the juvenile facility.
SEC. 19.
Section 208.5 of the Welfare and Institutions Code is repealed.(a)Notwithstanding any other law, in any case in which a minor who is detained in or committed to a county institution established for the purpose of housing juveniles attains 18 years of age prior to or during the period of detention or confinement he or she may be allowed to come or remain in contact with those juveniles until 19 years of age, at which time he or she, upon the recommendation of the probation officer, shall be delivered to the custody of the sheriff for the remainder of the time he or she remains in custody, unless the juvenile court orders continued detention in a juvenile facility. If continued detention is ordered for a ward under the jurisdiction of the juvenile court who is 19 years of age or older but under 21 years of age, the detained person may be allowed to come into or remain in contact with any other person detained in the institution subject to the requirements of subdivision (b). The person shall be advised of his or her ability to petition the court for continued detention in a juvenile facility at the time of his or her attainment of 19 years of age. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.
(b)The county shall apply to the Corrections Standards Authority for approval of a county institution established for the purpose of housing juveniles as a suitable place for confinement before the institution is used for the detention or commitment of an individual under the jurisdiction of the juvenile court who is 19 years of age or older but under 21 years of age where the detained person will come into or remain in contact with persons under 18 years of age who are detained in the institution. The authority shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the authority shall take into account the available programming, capacity, and safety of the institution as a place for the combined confinement and rehabilitation of individuals under the jurisdiction of the juvenile court who are over 19 years of age and those who are under 19 years of age.
SEC. 20.
Section 208.5 is added to the Welfare and Institutions Code, to read:208.5.
(a) Notwithstanding any other law, any person whose case originated in juvenile court shall remain, if the person is held in secure detention, in a county juvenile facility until the person attains 25 years of age, except as provided in subdivisions (b) and (c) of this section and paragraph (4) of subdivision (a) of Section 731. This section is not intended to authorize confinement in a juvenile facility where authority would not otherwise exist.SEC. 21.
Section 209 of the Welfare and Institutions Code is amended to read:209.
(a) (1) The judge of the juvenile court of a county, or, if there is more than one judge, any of the judges of the juvenile court shall, at least annually, inspect any jail, juvenile hall, or special purpose juvenile hall that, in the preceding calendar year, was used for confinement, for more than 24 hours, of any minor.SEC. 22.
Section 210.2 of the Welfare and Institutions Code is amended to read:210.2.
(a) The Board of Corrections shall adopt regulations establishing standards for law enforcement facilities which contain lockups for adults and which are used for the temporary, secure detention of minors upon arrest under subdivisionSEC. 23.
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 attains 21 years of age, except as provided in subdivisions (b), (c), and (d).SEC. 24.
Section 607 is added to the Welfare and Institutions Code, 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 attains 21 years of age, except as provided in subdivisions (b), (c), and (d).SEC. 25.
Section 707.1 of the Welfare and Institutions Code is amended to read:707.1.
(a)(b)(1)The juvenile court, as to a minor alleged to have committed an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707 and who has been declared not a fit and proper subject to be dealt with under the juvenile court law, or as to a minor for whom charges in a petition or petitions in the juvenile court will be transferred to a court of criminal jurisdiction pursuant to Section 707.01, or as to a minor whose case has been filed directly in or transferred to a court of criminal jurisdiction pursuant to Section 707.01, may order the minor to be delivered to the custody of the sheriff upon a finding that the presence of the minor in the juvenile hall would endanger the safety of the public or be detrimental to the other inmates detained in the juvenile hall. Other minors declared not fit and proper subjects to be dealt with under the juvenile court law, if detained, shall remain in the juvenile hall pending final disposition by the criminal court or until they attain the age of 18, whichever occurs first.
(2)Upon attainment of the age of 18 years such a person who is detained in juvenile hall shall be delivered to the custody of the sheriff unless the court finds that it is in the best interests of the person and the public that he or she be retained in juvenile hall. If a hearing is requested by the person, the transfer shall not take place until after the court has made its findings.
(3)When a person under 18 years of age is detained pursuant to this section in a facility in which adults are confined the detention shall be in accordance with the conditions specified in subdivision (b) of Section 207.1.
(4)
SEC. 26.
Section 730 of the Welfare and Institutions Code is amended to read:730.
(a) When a minor is adjudged a ward of the court on the ground thatSEC. 27.
Section 730 is added to the Welfare and Institutions Code, to read:730.
(a) (1) When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:SEC. 28.
Section 731 of the Welfare and Institutions Code is amended to read:731.
(a) If a minor is adjudged a ward of the court on the ground thatSEC. 29.
Section 733.1 is added to the Welfare and Institutions Code, to read:733.1.
(a) Notwithstanding any other law, except as otherwise provided in this section, a ward of the juvenile court shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2021.SEC. 30.
Section 736.5 is added to the Welfare and Institutions Code, to read:736.5.
(a) It is the intent of the Legislature to close the Division of Juvenile Justice within the Department of Corrections and Rehabilitation, through shifting responsibility for all youth adjudged a ward of the court, commencing July 1, 2021, to county governments and providing annual funding for county governments to fulfill this new responsibility.SEC. 31.
Section 912 of the Welfare and Institutions Code is amended to read:912.
(a) A county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall pay to the state an annual rate of twenty-four thousand dollars ($24,000) while the person remains in an institution under the direct supervision of the division, or in an institution, boarding home, foster home, or other private or public institution in which the person is placed by the division, and cared for and supported at the expense of the division, as provided in this subdivision. This subdivision applies to a person who is committed to the division by a juvenile court on or after July 1, 2012.(c)
SEC. 32.
Section 1703 of the Welfare and Institutions Code, as added by Section 56 of Chapter 25 of the Statutes of 2019, is repealed.As used in this chapter the following terms have the following meanings:
(a)“Public offenses” means public offenses as that term is defined in the Penal Code.
(b)“Court” includes any official authorized to impose sentence for a public offense.
(c)“Youth Authority,” “Authority,” “authority,” “Division of Juvenile Justice,” “Division of Juvenile Facilities,” or “division” means the California Health and Human Services Agency, Department of Youth and
Community Restoration.
(d)“Board” or “board” means the Board of Juvenile Hearings under the jurisdiction of the Director of the Department of Youth and Community Restoration.
(e)This section shall become operative July 1, 2020.
SEC. 33.
Section 1703 is added to the Welfare and Institutions Code, to read:1703.
As used in this chapter the following terms have the following meanings:SEC. 34.
Section 1710 of the Welfare and Institutions Code, as added by Section 58 of Chapter 25 of the Statutes of 2019, is repealed.(a)Any reference to the Department of the Youth Authority, the Division of Juvenile Facilities, or the Division of Juvenile Justice in this or any other code refers to the Department of Youth and Community Restoration.
(b)The Legislature finds and declares the following:
(1)The purpose of the Department of Youth and Community Restoration is to protect society from the consequences of criminal activity by providing for the secure placement of youth, and to effectively and efficiently operate and manage facilities housing youthful offenders under the jurisdiction of the department, consistent with the purposes set forth in Section 1700. The purpose of the Department of Youth and
Community Restoration is also to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration, family ties, and victim restoration, and to produce youth who become law-abiding and productive members of society, consistent with the purposes set forth in Section 202.
(2)The Department of Youth and Community Restoration shall embrace a vision wherein the youth under its care transition successfully into adulthood, desist from criminal behavior, and become thriving and engaged members of their communities.
(3)It is the mission of the Department of Youth and Community Restoration to help youth who have hurt people, and have been hurt themselves, return safely to the community and become responsible and successful adults. The
department shall employ the following strategies to support this mission:
(A)Build and practice the values of a safe and caring community within the Department of Youth and Community Restoration, engaging all members, including staff, youth, families, volunteers, and visitors in fulfilling its mission.
(B)Develop a fully prepared and continually supported staff that is healthy, educated, and trained to fulfill their unique and vital roles in service to the department’s mission.
(C)Offer treatment to help youth heal from past experience and change the thinking, beliefs, and behaviors that lead to hurting themselves and others.
(D)Create opportunities
for youth to understand and restore the harms caused by their actions.
(E)Provide education, training, and life experience for youth to imagine, aspire, and build a pathway to a successful life.
(F)Bring people with resources, relationships, expertise, and personal experience into the Department of Youth and Community Restoration to inspire and motivate youth, and to build a caring community that provides opportunities and support for their reentry and honorable discharge.
(c)This section shall become operative July 1, 2020.
SEC. 35.
Section 1710 is added to the Welfare and Institutions Code, to read:1710.
(a) Any reference to the Department of the Youth Authority in this code or any other code refers to the Department of Corrections and Rehabilitation, Division of Juvenile Justice.SEC. 36.
Section 1711 of the Welfare and Institutions Code, as added by Section 60 of Chapter 25 of the Statutes of 2019, is repealed.(a)Commencing July 1, 2020, unless the context clearly requires otherwise, any reference to the Director of the Division of Juvenile Facilities, Director of the Division of Juvenile Justice, or Director of the Youth Authority, shall be deemed to refer to the Director of the Department of Youth and Community Restoration, unless otherwise expressly provided.
(b)This section shall become operative July 1, 2020.
SEC. 37.
Section 1711 is added to the Welfare and Institutions Code, to read:1711.
Any reference to the Director of the Youth Authority shall be to the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, unless otherwise expressly provided.SEC. 38.
Section 1712 of the Welfare and Institutions Code, as added by Section 62 of Chapter 25 of the Statutes of 2019, is repealed.(a)The Director of the Department of Youth and Community Restoration shall be the appointing authority for all civil service positions of employment in the department. The director may delegate the powers and duties vested in the director by law, in accordance with Section 7.
(b)The director is authorized to make and enforce all rules appropriate to the proper accomplishment of the functions of the Department of Youth and Community Restoration. The rules shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise provided in Sections 12832 and 12833 of the Government Code. All
rules and regulations shall, to the extent practical, be stated in language that is easily understood by the general public.
(c)The director shall maintain, publish, and make available to the general public, a compendium of rules and regulations promulgated by the department pursuant to this section.
(d)The following exceptions to the procedures specified in this section shall apply to the department:
(1)The department may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State, provided that no less than 20 days prior to that effective date, copies of the
rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.
(2)The department may rely upon a summary of the information compiled by a hearing officer, provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal.
(e)This section shall become operative July 1, 2020.
SEC. 39.
Section 1712 is added to the Welfare and Institutions Code, to read:1712.
(a) All powers, duties, and functions pertaining to the care and treatment of wards provided by any provision of law and not specifically and expressly assigned to the Juvenile Justice branch of the Department of Corrections and Rehabilitation, or to the Board of Parole Hearings, shall be exercised and performed by the Secretary of the Department of Corrections and Rehabilitation. The secretary shall be the appointing authority for all civil service positions of employment in the department. The secretary may delegate the powers and duties vested in the secretary by law, in accordance with Section 7.SEC. 40.
Section 1714 of the Welfare and Institutions Code, as added by Section 64 of Chapter 25 of the Statutes of 2019, is repealed.(a)The Director of the Department of Youth and Community Restoration may transfer persons confined in one institution, camp, or facility of the department to another. Proximity to family shall be one consideration in placement.
(b)This section shall become operative July 1, 2020.
SEC. 41.
Section 1714 is added to the Welfare and Institutions Code, to read:1714.
The Secretary of the Department of Corrections and Rehabilitation may transfer persons confined in one institution or facility of the Division of Juvenile Justice to another. Proximity to family shall be one consideration in placement.SEC. 42.
Section 1731.5 of the Welfare and Institutions Code, as added by Section 66 of Chapter 25 of the Statutes of 2019, is repealed.(a)After certification to the Governor as provided in this article, a court may commit to the Department of Youth and Community Restoration any person who meets all of the following:
(1)Is convicted of an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code.
(2)Is found to be less than 21 years of age at the time of apprehension.
(3)Is not sentenced to death,
imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment.
(4)Is not granted probation, or was granted probation and that probation is revoked and terminated.
(b)The Department of Youth and Community Restoration shall accept a person committed to it pursuant to this article if it believes that the person can be materially benefited by its developmentally appropriate educational, therapeutic, and rehabilitative programming, and if it has adequate facilities to provide that care.
(c)(1)A person under 18 years of age who is not committed to the Department of Youth and Community Restoration pursuant to this section may be transferred to the department by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Department of Youth and Community Restoration. In sentencing a person under 18 years of age, the court may order that the person be transferred to the custody of the Department of Youth and Community Restoration pursuant to this subdivision. If the court makes this order and the department does not accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing supervision of the inmate, who in all other aspects shall be deemed to be committed to the Department
of Corrections and Rehabilitation and shall remain subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the director as a place of reception for a person described in this subdivision.
(2)The director has the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Department of Youth and Community Restoration either under the Arnold-Kennick Juvenile Court Law or subdivision (a).
(3)The duration of the transfer shall extend
until any of the following occurs:
(A)The director orders the inmate returned to the Department of Corrections and Rehabilitation.
(B)The inmate is ordered discharged by the Board of Parole Hearings.
(C)The inmate reaches 18 years of age. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 25th birthday, the director may continue to house the inmate until the period of incarceration is completed.
(d)The amendments to subdivision (c) of former Section
1731.5 made by Chapter 36 of the Statutes of 2018, as that subdivision read on July 1, 2018, are continued in this section and apply retroactively.
(e)This section shall become operative July 1, 2020.
SEC. 43.
Section 1731.5 of the Welfare and Institutions Code, as added by Section 66 of Chapter 25 of the Statutes of 2019, is repealed.(a)After certification to the Governor as provided in this article, a court may commit to the Department of Youth and Community Restoration any person who meets all of the following:
(1)Is convicted of an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code.
(2)Is found to be less than 21 years of age at the time of apprehension.
(3)Is not sentenced to death,
imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment.
(4)Is not granted probation, or was granted probation and that probation is revoked and terminated.
(b)The Department of Youth and Community Restoration shall accept a person committed to it pursuant to this article if it believes that the person can be materially benefited by its developmentally appropriate educational, therapeutic, and rehabilitative programming, and if it has adequate facilities to provide that care.
(c)(1)A person under 18 years of age who is not committed to the Department of Youth and Community Restoration pursuant to this section may be transferred to the department by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Department of Youth and Community Restoration. In sentencing a person under 18 years of age, the court may order that the person be transferred to the custody of the Department of Youth and Community Restoration pursuant to this subdivision. If the court makes this order and the department does not accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing supervision of the inmate, who in all other aspects shall be deemed to be committed to the Department
of Corrections and Rehabilitation and shall remain subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the director as a place of reception for a person described in this subdivision.
(2)The director has the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Department of Youth and Community Restoration either under the Arnold-Kennick Juvenile Court Law or subdivision (a).
(3)The duration of the transfer shall extend
until any of the following occurs:
(A)The director orders the inmate returned to the Department of Corrections and Rehabilitation.
(B)The inmate is ordered discharged by the Board of Parole Hearings.
(C)The inmate reaches 18 years of age. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 25th birthday, the director may continue to house the inmate until the period of incarceration is completed.
(d)The amendments to subdivision (c) of former Section
1731.5 made by Chapter 36 of the Statutes of 2018, as that subdivision read on July 1, 2018, are continued in this section and apply retroactively.
(e)This section shall become operative July 1, 2020.
SEC. 44.
Section 1731.5 is added to the Welfare and Institutions Code, to read:1731.5.
(a) After certification to the Governor as provided in this article, a court may commit to the Division of Juvenile Justice any person who meets all of the following:SEC. 45.
Section 1752.2 of the Welfare and Institutions Code, as added by Section 70 of Chapter 25 of the Statutes of 2019, is repealed.(a)The Department of Youth and Community Restoration, in partnership with the California Conservation Corps and participating certified local conservation corps, shall develop and establish a precorps transitional training program within the Department of Youth and Community Restoration. This program shall operate within a facility identified by the Department of Youth and Community Restoration, with partnering state and local conservation corps responsible for program content, delivery, and administration. This program shall provide participating Department of Youth and Community Restoration corpsmembers with a training and development program to approximate the experience of serving in a conservation corps, and include opportunities for skill building, job readiness training, community service, and
conservation activities. Training shall include, but is not limited to, transferable professional skills known as “soft skills,” social emotional learning, transitional life skills, and conservation jobs skills. Department of Youth and Community Restoration participants who successfully complete program curriculum shall qualify for a paid full-time placement within a local community corps program, and may be considered for a placement in the California Conservation Corps. This program shall be considered for expansion to additional Department of Youth and Community Restoration facilities if effective at reducing recidivism among participants.
(b)The Department of Youth and Community Restoration and the California Conservation Corps shall enter into an interagency agreement to implement this section. The agreement shall include input from participating certified local conservation corps.
(c)This section shall become operative July 1, 2020.
SEC. 46.
Section 1752.2 is added to the Welfare and Institutions Code, to read:1752.2.
(a) The Division of Juvenile Justice, in partnership with the California Conservation Corps and participating certified local conservation corps, shall develop and establish a precorps transitional training program within the Division of Juvenile Justice. This program shall operate within a facility identified by the Division of Juvenile Justice, with partnering state and local conservation corps responsible for program content, delivery, and administration. This program shall provide participating Division of Juvenile Justice corpsmembers with a training and development program to approximate the experience of serving in a conservation corps, and include opportunities for skill building, job readiness training, community service, and conservation activities. Training shall include, but is not limited to, transferable professional skills known as “soft skills,” social emotional learning, transitional life skills, and conservation jobs skills. Division of Juvenile Justice participants who successfully complete program curriculum shall qualify for a paid full-time placement within a local community corps program, and may be considered for a placement in the California Conservation Corps. This program shall be considered for expansion to additional Division of Juvenile Justice facilities if effective at reducing recidivism among participants.SEC. 47.
Section 1762 of the Welfare and Institutions Code, as added by Section 4 of Chapter 857 of the Statutes of 2019, is repealed.(a)It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Department of Youth and Community Restoration facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.
(b)(1)The Department of Youth and Community Restoration
shall, to the extent feasible using available resources, ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Department of Youth and Community Restoration facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The department is also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the Department of Youth and Community Restoration facility.
(2)These programs shall be considered
part of the current responsibilities of the Department of Youth and Community Restoration to provide and coordinate services for youth that enable the youth to be law-abiding and productive members of their families and communities.
(c)For purposes of this section, “youth” means any person detained in, or committed to, a Department of Youth and Community Restoration facility.
(d)This section does not preclude youth who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.
(e)This section shall become operative on July 1, 2020.
SEC. 48.
Section 1762 is added to the Welfare and Institutions Code, to read:1762.
(a) It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Justice facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.SEC. 49.
Section 1955.2 is added to the Welfare and Institutions Code, to read:1955.2.
Notwithstanding subdivision (c) of Section 1731.5, when an individual under 18 years of age is convicted of an offense in superior court, on or after July 1, 2021, and sentenced to state prison, that individual shall remain in a county juvenile facility until the individual reaches 18 years of age and can be transferred to state prison. The Department of Corrections and Rehabilitation shall pay a daily rate of six hundred sixteen dollars and forty-four cents ($616.44) to a county for the number of days a qualifying individual is in a local juvenile facility. This section only applies once an individual has been convicted and is under 18 years of age. Nothing in this section shall require the county of conviction to enter into a contract with the Department of Corrections and Rehabilitation for the care and custody of the individuals described in the section.SEC. 50.
Chapter 1.7 (commencing with Section 1990) is added to Division 2.5 of the Welfare and Institutions Code, to read:CHAPTER 1.7. Juvenile Justice Realignment Block Grant
1990.
(a) The Juvenile Justice Realignment Block Grant program is hereby established for the purpose of providing county based custody, care, and supervision of youth who are realigned from the state Division of Juvenile Justice or who were otherwise eligible for commitment to the Division of Juvenile Justice prior to its closure.1991.
(a) Commencing with the 2021-22 fiscal year, and annually thereafter, there shall be an allocation to the county for use by the county to provide appropriate rehabilitative housing and supervision services for the population specified in Section 1990(b) of the Welfare and Institution Code. In making allocations, the Board of Supervisors shall consider the plan required in Section 1995. Any entity receiving a direct allocation of funding from the Board of Supervisors under this section for any secure residential placement for court ordered detention will be subject to existing regulations. A local public agency that has primary responsibility for prosecuting or making arrests or detentions shall not provide rehabilitative and supervision services for the population specified in Section 1990(b)of the Welfare and Institution Code or receive funding pursuant to this section:1995.
(a) To be eligible for funding described in section 1991, a county shall create a subcommittee of the multiagency juvenile justice coordinating council, as described in Welfare and Institutions Code 749.22, to develop a plan describing the facilities, programs, placements, services, supervision and reentry strategies that are needed to provide appropriate rehabilitation and supervision services for the population described in section 1990 (b).SEC. 51.
Chapter 4 (commencing with Section 2200) is added to Division 2.5 of the Welfare and Institutions Code, to read:CHAPTER 4. Office of Youth and Community Restoration
Article 1. General
2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.2201.
(a) Until July 1, 2023, the committee established pursuant to Section 12824 of the Government Code shall be responsible for advising and providing recommendations related to policies, programs, and approaches that improve youth outcomes, reduce youth detention, and reduce recidivism for the population in subdivision (b) of Section 1990.SEC. 52.
Chapter 5 (commencing with Section 2250) is added to Division 2.5 of the Welfare and Institutions Code, to read:CHAPTER 5. Regional Youth Programs and Facilities Grant Program
2250.
(a) Nine million six hundred thousand dollars ($9,600,000) is hereby appropriated from the General Fund to the Youth Programs and Facilities Grant Program, which shall be administered by the Board of State and Community Corrections, to award one-time grants, to counties for the purpose of providing resources for infrastructure related needs and improvements to assist counties in the development of a local continuum of care.SEC. 53.
If the Commission on State Mandates determines that this act contains 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.SEC. 54.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2020.