Bill Text: CA AB505 | 2023-2024 | Regular Session | Amended
Bill Title: The Office of Youth and Community Restoration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 528, Statutes of 2023. [AB505 Detail]
Download: California-2023-AB505-Amended.html
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Amended
IN
Senate
August 14, 2023 |
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Amended
IN
Senate
June 15, 2023 |
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Amended
IN
Assembly
March 23, 2023 |
| Introduced by Assembly Member Ting |
February 07, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system. Existing law requires the board to
collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified, relating to adult corrections and juvenile justice.
This bill would transfer all authority, responsibilities, and duties on the board regarding juvenile justice to the office, including, but not limited to, conducting inspections and developing and enforcing minimum standards for local facilities. This bill would also make conforming changes to remove references to “delinquent conduct” from provisions relating to the board’s authority regarding the minimum standards and training for corrections and probation officers and other correctional personnel. The bill would require the office to conduct a biennial inspection of juvenile facilities, as specified, and would authorize the office to conduct unannounced inspections. The bill would authorize the office to implement a system of graduated sanctions for juvenile
facilities subject to these provisions. The bill would authorize the office to adopt regulations necessary to develop the system of sanctions, and would require that sanctions include the option for facility closure. The bill would require, beginning July 1, 2026, that the office submit an annual report to the Legislature regarding the sanctions imposed pursuant to these provisions.
(2)Existing
(3)Existing law requires plans and specifications of every jail, prison, or other place of detention for persons charged with or convicted of a crime or persons detained pursuant to juvenile court law to be submitted to the board for its recommendation if the construction, reconstruction, remodeling, or repairs cost more than $15,000. Existing law requires a county proposing to establish a secure youth treatment facility to notify the board of the operation of the facility and to submit a description to the board. Existing law requires the board to review existing juvenile facility standards and modify or add standards for the use of any facility as a secure youth treatment facility, as specified, by July 1, 2023.
This bill would instead require the plans and specifications of every juvenile facility housing persons detained or committed pursuant to juvenile court law,
when the plans involving construction, reconstruction, remodeling, or repairs of an aggregate cost in excess of $15,000, to be submitted to the Office of Youth and Community Restoration, and would transfer all authority, responsibilities, and duties conferred on the board by these provisions in relation to juvenile facility housing to the office. The bill would require the board to review existing facility standards by July 1, 2024, and would transfer all authority and responsibilities regarding secure youth treatment facilities to the office.
(4)Existing law authorizes the detention of a minor in a law enforcement facility, as defined, that contains a lockup for adults if specified conditions are met, including a maximum 6-hour period of secure detention. Existing law authorizes the board to grant an extension of the 6-hour period due to the unavailability of transportation due to inclement weather, acts of God, or natural
disasters. Existing law requires a county to provide a written report to include, among other things, when transportation availability was restored. Existing law requires the board to provide an annual report on extensions sought and granted under these provisions.
This bill would require a copy of the annual report regarding extensions sought and granted to be provided to the office. The bill would, commencing July 1, 2025, transfer all authority, responsibilities, and duties conferred to the board under these provisions to the office.
(5)
This bill would require a judge of the juvenile court to inspect all jail or juvenile facilities subject to specified standards and would require the judge to provide a copy of any notices of observed noncompliance and suitability
findings to the office. The bill would, beginning, July 1, 2025, transfer all authority, responsibilities, and duties conferred on the board related to juvenile halls and special purpose juvenile halls to the office. The bill would also require the office to develop guidelines and procedures for determining suitability of juvenile facilities and would require the office to conduct a publically noticed hearing for public input regarding suitability, as specified. The bill would require the office to collect data from any facility that may be used for the secure detention
of minors and publish the data, disaggregated by descriptors, including, but not limited to, age, gender, race, ethnicity, and sexual orientation and make that information accessible to the public on the office’s internet website.
(6)
(7)
This bill would make conforming amendments to transfer the administration of various juvenile justice grant programs from the board to the office beginning January 1, 2025, and would, commencing January 1, 2025, designate the office as the state planning agency with respect to the specified
federal acts pertaining to juvenile justice.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter.
(b)In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows:
(1)Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa
Clara Counties, this allocation shall be made to the county director or chief of corrections.
(2)Five and fifteen-hundredths percent to the district attorney for criminal prosecution.
(3)Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County
of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the Demographic Research Unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or
executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of
at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESA established in the city treasury.
(4)Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. The plan shall be reviewed and updated annually by the council. The plan or updated plan may, at the discretion of the county or city and county, be approved by the county
board of supervisors. The plan or updated plan shall be submitted to the Board of State and Community Corrections by May 1 of each year in a format specified by the board that consolidates the form of submission of the annual comprehensive juvenile justice multiagency plan to be developed under this chapter with the form for submission of the annual Youthful Offender Block Grant plan that is required to be developed and submitted pursuant to Section 1961 of the Welfare and Institutions Code. Commencing no later than July 1, 2025, all authority, responsibilities, and duties conferred on the board by this paragraph shall be transferred to and vested in the Office of Youth and Community Restoration.
(A)The multiagency juvenile justice plan shall include, but not be limited to, all of the following components:
(i)An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families.
(ii)An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety
risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use.
(iii)A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders.
(iv)A description of the programs, strategies, or system enhancements that are proposed to be funded pursuant to this subparagraph.
(B)Programs, strategies, and system enhancements proposed to be funded under this
chapter shall satisfy all of the following requirements:
(i)Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation.
(ii)Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii)Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies.
(C)To assess the
effectiveness of programs, strategies, and system enhancements funded pursuant to this paragraph, each county or city and county shall submit by October 1 of each year a report to the county board of supervisors and to the Board of State and Community Corrections on the programs, strategies, and system enhancements funded pursuant to this chapter. The report shall be in a format specified by the board that consolidates the report to be submitted pursuant to this chapter with the annual report to be submitted to the board for the Youthful Offender Block Grant program, as required by subdivision (c) of Section 1961 of the Welfare and Institutions Code. The report shall include all of the following:
(i)An updated description of the programs, strategies, and system enhancements that have been funded pursuant to this chapter in the
immediately preceding fiscal year.
(ii)An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement funded pursuant to this chapter.
(iii)A description and expenditure report for programs, strategies, or system enhancements that have been cofunded during the preceding fiscal year using funds provided under this chapter and Youthful Offender Block Grant funds provided under Chapter 1.5 (commencing with Section 1950) of Division 2.5 of the Welfare and Institutions Code.
(iv)Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the Board of State and Community Corrections, including,
but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions, and probation violations, and including, in a format to be specified by the board, a summary description or analysis, based on available information, of how the programs, strategies, or system enhancements funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report.
(D)The board shall, within 45 days of having received the county’s report, post on its internet website a description or summary of the programs, strategies, or system enhancements that have been supported by funds made available to the county under this chapter.
(E)The Board of State and Community Corrections shall compile
the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, or system enhancements supported by funds appropriated under this chapter have or may have contributed to, or influenced, the trends identified. The board may consolidate the annual report to the Legislature required under this paragraph with the annual report required by subdivision (d) of Section 1961 of the Welfare and Institutions Code for the Youthful Offender Block Grant program. The
annual report shall be submitted pursuant to Section 9795, and shall be posted for access by the public on the internet website of the board.
(c)Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures:
(1)In the case of the county, the county board of supervisors shall appropriate existing and
anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs.
(2)In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city.
(3)In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special
district.
(d)For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b).
(e)For the 2011–12 fiscal year, the Controller shall
allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b).
(f)Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b).
(g)Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance.
(h)Funds received pursuant to subdivision (b) shall
be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities
Subaccount. This subdivision shall become inoperative on July 1, 2015.
(i)In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution
of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions.
(j)The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted.
(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that
date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)(1)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(2)Commencing January 1, 2025, the
Office of Youth and Community Restoration shall serve as the state planning agency with respect to federal acts pertaining to juvenile justice and delinquency and shall succeed the board regarding all other responsibilities, duties, and authority related to those federal acts.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authority’s rights, powers, authority, and duties, unless
specifically repealed by this act.
(f)For purposes of this chapter, “federal acts” means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
(a)It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions.
(b)Consistent with subdivision (c) of Section 6024, the board shall also:
(1)Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state.
(2)Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board.
(3)Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation
of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts:
(A)A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties.
(B)A county sheriff, selected after conferring with the California State Sheriffs’ Association.
(C)A chief probation officer, selected after conferring with the Chief Probation Officers of California.
(D)A district attorney, selected after conferring with the California District Attorneys Association.
(E)A public defender, selected after conferring with the California Public Defenders Association.
(F)The Secretary of the Department of Corrections and Rehabilitation.
(G)A representative from the Administrative Office of the Courts.
(H)A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system.
(I)A representative from a nonprofit agency providing comprehensive reentry services.
(4)Receive and disburse federal funds, and
perform all necessary and appropriate services in the performance of its duties as established by federal acts.
(5)Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board.
(6)Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates.
(7)Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention.
(8)Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-promise youth, and maximize the impact of state funds at the local level.
(9)Conduct evaluation studies of the programs and activities assisted by the federal acts.
(10)Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices
for addressing gang and youth violence through suppression, intervention, and prevention.
(11)The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above.
(12)Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s internet website. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible.
(c)The board may do either of the
following:
(1)Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state.
(2)Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants.
(d)Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.
(e)Commencing no later than July 1, 2025, all authority, responsibilities, and duties related
to juvenile justice and delinquency prevention conferred on the board by this section shall be transferred to and vested in the Office of Youth and Community Restoration.
(a)The plans and specifications of every jail, prison, or other place of detention of persons charged with or convicted of a crime, if those plans and specifications involve construction, reconstruction, remodeling, or repairs of an aggregate cost in excess of fifteen
thousand dollars ($15,000), shall be submitted to the board for its recommendations. Upon request of any city, city and county, or county, the board shall consider the entire program or group of detention facilities currently planned or under consideration by the city, city and county, or county, and make a study of the entire needs of the city, city and county, or county therefor, and make recommendations thereon. No state department
or agency other than the board shall have authority to make recommendations in respect to plans and specifications for the construction of county jails or other county detention facilities or for alterations thereto, except such recommendations as the board may request from any such state department or agency.
(b)The plans and specifications of every juvenile facility housing persons detained or committed pursuant to the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if those plans and specifications involve construction, reconstruction, remodeling, or repairs of an aggregate cost in excess of fifteen thousand dollars ($15,000), shall be submitted to the Office of Youth and Community Restoration. All authority, responsibilities, and duties conferred
on the board by this section regarding any juvenile facility housing persons detained or committed pursuant to the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code) shall be transferred to and vested in the Office of Youth and Community Restoration. No state department or agency other than the Office of Youth and Community Restoration shall have authority to make recommendations in respect to plans and specifications for the construction of local juvenile facilities or for alterations thereto, except recommendations that the office may request from any such state department or agency.
(c)As used in this section, “place of detention” includes, but is not limited to, a correctional treatment center, as defined in subdivision (j) of Section 1250 of the Health and Safety Code, which is operated by a city, city and county, or county.
For the purposes of this chapter, the term “correctional personnel” means either of the following:
(a)Any person described by subdivision (a) or (b) of Section 830.5, 830.55, 831, or 831.5.
(b)Any class of persons who perform supervision, custody, care, or treatment functions and are employed by the Department of Corrections and Rehabilitation, any correctional or detention facility, probation department, community-based correctional program, or other state or local public facility or program responsible for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged
responsible for, criminal conduct.
(a)For the purpose of raising the level of competence of local corrections and probation officers and other correctional personnel, the board shall adopt, and may from time to time amend, rules establishing minimum standards for the selection and training of these personnel employed by any city, county, or city and county who provide for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, criminal conduct who are currently under local jurisdiction. All of these rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)Any city, county, or city and county may adhere to the standards for selection and training established by the board. The board may defer the promulgation of selection standards until necessary research for job relatedness is completed.
(c)Minimum training standards may include, but are not limited to, basic, entry, continuation, supervisory, management, and specialized assignments.
(a)A court, judge, referee, peace officer, or employee of a detention facility shall not knowingly detain any minor in a jail or lockup, unless otherwise permitted by any other law.
(b)(1)A minor 14 years of age or older who is taken into temporary custody by a peace officer on the basis of being a person described by Section 602, and who, in the reasonable belief of the peace officer, presents a serious security risk of harm to self or others, may be securely detained in a law enforcement facility that contains a lockup for adults, if all of the following conditions are met:
(A)The minor is held in
temporary custody for the purpose of investigating the case, facilitating release of the minor to a parent or guardian, or arranging transfer of the minor to an appropriate juvenile facility.
(B)The minor is detained in the law enforcement facility for a period that does not exceed six hours except as provided in subdivision (d).
(C)The minor is informed at the time the minor is securely detained of the purpose of the secure detention, of the length of time the secure detention is expected to last, and of the maximum six-hour period the secure detention is authorized to last. In the event an extension is granted pursuant to subdivision (d), the minor shall be informed of the length of time the extension is expected to last.
(D)Contact between the minor and adults confined in the facility is restricted in accordance with Section 208.
(E)The minor is adequately supervised.
(F)A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention of the minor in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained.
(2)Any other minor, other than a minor to whom paragraph (1) applies, who is taken into temporary custody by a peace officer on the basis that the minor is a person described by Section 602 may be taken to a law enforcement facility that contains
a lockup for adults and may be held in temporary custody in the facility for the purposes of investigating the case, facilitating the release of the minor to a parent or guardian, or arranging for the transfer of the minor to an appropriate juvenile facility. While in the law enforcement facility, the minor may not be securely detained and shall be supervised in a manner so as to ensure that there will be no contact with adults in custody in the facility. If the minor is held in temporary, nonsecure custody within the facility, the peace officer shall exercise one of the dispositional options authorized by Sections 626 and 626.5 without unnecessary delay and, in every case, within six hours.
(3)“Law enforcement facility,” as used in this subdivision, includes a police station or a sheriff’s station, but does not include a jail, as defined in
subdivision (g).
(c)The Board of State and Community Corrections shall assist law enforcement agencies, probation departments, and courts with the implementation of this section by doing all of the following:
(1)The board shall advise each law enforcement agency, probation department, and court affected by this section as to its existence and effect.
(2)The board shall make available and, upon request, shall provide, technical assistance to each governmental agency that reported the confinement of a minor in a jail or lockup in calendar year 1984 or 1985. The purpose of this technical assistance is to develop alternatives to the use of jails or lockups for the confinement of minors. These alternatives may include
secure or nonsecure facilities located apart from an existing jail or lockup, improved transportation or access to juvenile halls or other juvenile facilities, and other programmatic alternatives recommended by the board. The technical assistance shall take any form the board deems appropriate for effective compliance with this section.
(d)(1)(A)Under the limited conditions of inclement weather, acts of God, or natural disasters that result in the temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of
subdivision (b) may be granted to a county by the Board of State and Community Corrections. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall not exceed the duration of the special conditions, plus a period reasonably necessary to accomplish transportation of the minor to a suitable juvenile facility, not to exceed six hours after the restoration of available transportation.
(B)A county that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (b). The county also shall provide a written report to the board that specifies when the inclement weather, act of God, or natural disaster ceased to exist, when transportation availability was restored, and when the
minor was delivered to a suitable juvenile facility. Upon receipt of the written report, the board shall provide a copy of the report to the Office of Youth and Community Restoration. If the minor was detained in excess of 24 hours, the board shall verify the information contained in the report.
(2)(A)Under the limited condition of temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (b) may be granted by the board to an offshore law enforcement facility. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall extend only until the
next available mode of transportation can be arranged.
(B)An offshore law enforcement facility that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (b). The facility also shall provide a written report to the board that specifies when the next mode of transportation became available, and when the minor was delivered to a suitable juvenile facility. Upon receipt of the written report, the board shall provide a copy of the report to the Office of Youth and Community Restoration. If the minor was detained in excess of 24 hours, the board shall verify the information contained in the report.
(3)At least annually, the board shall review and report on
extensions sought and granted under this subdivision and shall provide a copy of this report to the Office of Youth and Community Restoration. If, upon that review, the board determines that a county has sought one or more extensions resulting in the excessive confinement of minors in adult facilities, or that a county is engaged in a pattern and practice of seeking extensions, it shall require the county to submit to the board a detailed explanation of the reasons for the extensions sought and an assessment of the need for a conveniently located and suitable juvenile facility. The board shall provide a copy of the detailed explanation to the Office of Youth and Community Restoration.
Upon receiving this information, the board and the Office of Youth and Community Restoration shall make available, and the county shall accept, technical assistance for the purpose of developing suitable alternatives to the confinement of minors in adult lockups.
(e)(1)Any county that did not have a juvenile hall on January 1, 1987, may establish a special purpose juvenile hall, as defined by the Board of State and Community Corrections, for the detention of minors for a period not to exceed 96 hours. Any county that had a juvenile hall on January 1, 1987, also may establish, in addition to
the juvenile hall, a special purpose juvenile hall. The board shall prescribe minimum standards for that type of facility.
(2)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board by this subdivision shall be transferred to and vested in the Office of Youth and Community Restoration.
(f)No part of a building or a building complex that contains a jail may be converted or utilized as a secure juvenile facility unless all of the following criteria are met:
(1)The juvenile facility is physically, or architecturally, separate and
apart from the jail or lockup such that there could be no contact between juveniles and incarcerated adults.
(2)Sharing of nonresidential program areas only occurs where there are written policies and procedures that ensure that there is time-phased use of those areas that prevents contact between juveniles and incarcerated adults.
(3)The juvenile facility has a dedicated and separate staff from the jail or lockup, including management, security, and direct care staff. Staff who provide specialized services such as food, laundry, maintenance, engineering, or medical services, who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults, may serve both populations.
(4)The juvenile facility complies with all applicable state and local statutory, licensing, and regulatory requirements for juvenile facilities of its type.
(g)(1)“Jail,” as used in this chapter, means a locked facility administered by a law enforcement or governmental agency, the purpose of which is to detain adults who have been charged with violations of criminal law and are pending trial, or to hold convicted adult criminal offenders sentenced for less than one year.
(2)“Lockup,” as used in this chapter, means any locked room or secure enclosure under the control of a sheriff or other peace officer that is primarily for the temporary confinement of adults upon arrest.
(3)“Offshore law enforcement facility,” as used in this section, means a sheriff’s station containing a lockup for adults that is located on an island located at least 22 miles from the California coastline.
(h)This section shall not be deemed to prevent a peace officer or employee of an adult detention facility or jail from escorting a minor into the detention facility or jail for the purpose of administering an evaluation, test, or chemical test pursuant to Section 23157 of the Vehicle Code, if all of the following conditions are met:
(1)The minor is taken into custody by a peace officer on the basis of being a person described by Section 602 and there is no equipment for the administration of the evaluation, test, or chemical test located at a juvenile
facility within a reasonable distance of the point where the minor was taken into custody.
(2)The minor is not locked in a cell or room within the adult detention facility or jail, is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail, and is not permitted to come in contact or remain in contact with in-custody adults.
(3)The evaluation, test, or chemical test administered pursuant to Section 23157 of the Vehicle Code is performed as expeditiously as possible, so that the minor is not delayed unnecessarily within the adult detention facility or jail. Upon completion of the evaluation, test, or chemical test, the minor shall be removed from the detention facility or jail as soon as reasonably possible. A minor shall not be held
in custody in an adult detention facility or jail under the authority of this paragraph in excess of two hours.
(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 or juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 that, in the preceding calendar year, was used for confinement, for more than 24 hours, of any minor.
(2)The judge shall promptly notify the operator of
any facility specified in paragraph (1) of any observed noncompliance with minimum standards for juvenile facilities adopted by the Board of State and Community Corrections or the Office of Youth and Community Restoration under Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1. Based on the facility’s subsequent compliance with the provisions of subdivisions (d) and (f), the judge shall thereafter make a finding whether the facility is a suitable place for the confinement of minors and shall note the finding in the minutes of the court. The judge shall promptly provide a copy of any notices or findings to the Office of Youth and Community Restoration.
(3)(A)The Board of State and Community Corrections shall conduct a biennial inspection of each jail, juvenile hall, lockup, or special
purpose juvenile hall situated in this state that, during the preceding calendar year, was used for confinement, for more than 24 hours, of any minor. The board shall promptly notify the operator of any jail, juvenile hall, lockup, or special purpose juvenile hall of any noncompliance found, upon inspection, with any of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210 or 210.2.
(B)Any duly authorized officer, employee, or agent of the board may, upon presentation of proper identification, enter and inspect any area of a local detention facility, without notice, to conduct an inspection required by this paragraph.
(C)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board
by this paragraph related to juvenile halls and special purpose juvenile halls shall be transferred to and vested in the Office of Youth and Community Restoration. Commencing July 1, 2025, the Office of Youth and Community Restoration shall conduct a biennial inspection of each juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 situated in this state that, during the preceding calendar year, was
used for confinement, for more than 24 hours, of any minor. The office shall promptly notify the operator of any juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 of any noncompliance found, upon inspection, with any of the applicable minimum standards for juvenile facilities adopted by the office.
(D)Commencing July 1, 2025, any duly authorized officer, employee, or agent of the Office of Youth and Community Restoration may, upon presentation of proper identification, enter and inspect any area of a local juvenile facility, without notice, to conduct an inspection required by this paragraph.
(4)(A)If a judge of the juvenile
court, after inspection of a jail or juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1, finds that it is not being operated and maintained as a suitable place for the confinement of minors, the juvenile court shall give notice of its finding to all persons having authority to confine minors pursuant to this chapter and, commencing 60 days thereafter, the facility shall not be used for confinement of minors until the time the judge finds, after reinspection of the facility, that the conditions that rendered the facility unsuitable have been remedied, and the facility is a suitable place for confinement of minors.
(B)If the board, after inspection of a jail, juvenile hall, special purpose juvenile hall, or lockup, finds that it is not being operated and
maintained as a suitable place for the confinement of minors, the board shall give notice of its finding to all persons having authority to confine minors pursuant to this chapter and, commencing 60 days thereafter, the facility shall not be used for confinement of minors until the time the board finds, after reinspection of the facility, that the conditions that rendered the facility unsuitable have been remedied, and the facility is a suitable place for confinement of minors. The board shall provide a copy to the Office of Youth and Community Restoration of any records related to notices, findings, and reinspections created pursuant to this paragraph. Commencing July 1, 2025, the Office of Youth and Community Restoration shall succeed the Board of State and Community Corrections regarding its duties conferred pursuant to this subparagraph related to juvenile halls and special purpose juvenile
halls.
(C)Commencing July 1, 2025, if the Office of Youth and Community Restoration, after inspection of a juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1, finds that it is not being operated and maintained as a suitable place for the confinement of minors, the office shall give notice of its finding to all persons having authority to confine minors pursuant to this chapter and, commencing 60 days thereafter, the facility shall not be used for confinement of minors until the time the office finds, after reinspection of the facility, that the conditions that rendered the facility unsuitable have been remedied, and the facility is a suitable place for confinement of minors.
(5)The custodian of
each
jail and juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 shall make any reports as may be requested by the board, juvenile court, or the Office of Youth and Community Restoration to effectuate the purposes of this section.
(b)(1)(A)The Board of State and Community Corrections may inspect any law enforcement facility that contains a lockup for adults and that it has reason to believe may not be in compliance with the requirements of subdivision (b) of Section 207.1 or with the certification requirements or standards adopted under Section 210.2. A judge of the juvenile court shall conduct an annual inspection, either in person or through a delegated member of the appropriate county or regional juvenile
justice commission, of any law enforcement facility that contains a lockup for adults that, in the preceding year, was used for the secure detention of any minor. If the law enforcement facility is observed, upon inspection, to be out of compliance with the requirements of subdivision (b) of Section 207.1, or with any standard adopted under Section 210.2, the board or the judge shall promptly notify the operator of the law enforcement facility of the specific points of noncompliance.
(B)Commencing July 1, 2025, the Office of Youth and Community Restoration may inspect any law enforcement facility that contains a lockup for adults that, in the preceding year, was used for the secure detention of any minor, and that it has reason to believe may not be in compliance with the requirements of subdivision (b) of Section 207.1 or with the
certification requirements or standards adopted under Section 210.2.
(2)If either the judge or the board finds after inspection that the facility is not being operated and maintained in conformity with the requirements of subdivision (b) of Section 207.1 or with the certification requirements or standards adopted under Section 210.2, the juvenile court or the board shall give notice of its finding to all persons having authority to securely detain minors in the facility, and, commencing 60 days thereafter, the facility shall not be used for the secure detention of a minor until the time the judge or the board, as the case may be, finds, after reinspection, that the conditions that rendered the facility unsuitable have been remedied, and the facility is a suitable place for the confinement of minors in conformity with all requirements of
law. The board shall provide a copy to the Office of Youth and Community Restoration of any records related to notices, findings, and reinspections created pursuant to this paragraph.
(3)The custodian of each law enforcement facility that contains a lockup for adults shall make any report as may be requested by the board, the juvenile court, or the Office of Youth and Community Restoration to effectuate the purposes of this subdivision.
(c)The board shall collect biennial data on the number, place, and duration of confinements of minors in jails and lockups, as defined in subdivision (g) of Section 207.1, and shall publish biennially this information in the form as it deems appropriate for the purpose of providing public information on continuing compliance with the
requirements of Section 207.1.
(d)(1)Except as provided in subdivision (f), a juvenile hall, special purpose juvenile hall, law enforcement facility, or jail shall be unsuitable for the confinement of minors if it is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210 or 210.2, and if, within 60 days of having received notice of noncompliance from the board or the judge of the juvenile court, the juvenile hall, special purpose juvenile hall, law enforcement facility, or jail has failed to file an approved corrective action plan with the Board of State and Community Corrections to correct the condition or conditions of noncompliance of which it has been notified. The corrective action plan shall outline how the
juvenile hall, special purpose juvenile hall, law enforcement facility, or jail plans to correct the issue of noncompliance and give a reasonable timeframe, not to exceed 90 days, for resolution, that the board shall either approve or deny. In the event the juvenile hall, special purpose juvenile hall, law enforcement facility, or jail fails to meet its commitment to resolve noncompliance issues outlined in its corrective action plan, the board shall make a determination of suitability at its next scheduled meeting. The board shall provide a copy to the Office of Youth and Community Restoration of any records related to notices, corrective action plans, and suitability determinations created pursuant to this subdivision.
(2)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board by this subdivision
related to juvenile halls and special purpose juvenile halls shall be transferred to and vested in the Office of Youth and Community
Restoration.
(e)(1)Commencing July 1, 2025, except as provided in subdivision (f), a juvenile facility subject to standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 shall be unsuitable for the confinement of minors if it is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Office of Youth and Community Restoration, and if, within 60 days of having received notice of noncompliance from the office or the judge of the juvenile court, the juvenile facility has failed to file an approved corrective action plan with the office to correct the condition or conditions of noncompliance of which it has been notified. The corrective action plan shall outline how the juvenile facility plans to correct the issue of
noncompliance and give a reasonable timeframe, not to exceed 90 days, for resolution, that the office shall either approve or deny. In the event the juvenile facility fails to meet its commitment to resolve noncompliance issues outlined in its corrective action plan, the office shall make a determination of suitability.
(2)The office shall make public its suitability determination and the reasons supporting its determination.
(3) No later than July 1, 2025, the office shall develop guidelines and procedures for determining suitability in accordance with this subdivision. At a minimum, these procedures shall require the office to conduct a publicly noticed hearing to gather public input regarding suitability, and shall post on the office’s internet website all records informing
its suitability determination at least 10 calendar days before the hearing.
(f)(1)If a juvenile hall is not in compliance with one or more of the minimum standards for juvenile facilities adopted by the Board of State and Community Corrections under Section 210, and where the noncompliance arises from sustained occupancy levels that are above the population capacity permitted by applicable minimum standards, the juvenile hall shall be unsuitable for the confinement of minors if the board or the judge of the juvenile court determines that conditions in the facility pose a serious risk to the health, safety, or welfare of minors confined in the facility. In making its determination of suitability, the board or the judge of the juvenile court shall consider, in addition to the noncompliance with minimum standards, the
totality of conditions in the juvenile hall, including the extent and duration of overpopulation as well as staffing, program, physical plant, and medical and mental health care conditions in the facility. The Board of State and Community Corrections may develop guidelines and procedures for its determination of suitability in accordance with this subdivision and to assist counties in bringing their juvenile halls into full compliance with applicable minimum standards. This subdivision shall not be interpreted to exempt a juvenile hall from having to correct, in accordance with subdivision (d), any minimum standard violations that are not directly related to overpopulation of the facility.
(2)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board by this subdivision shall be transferred to and
vested in the Office of Youth and Community Restoration.
(g)In accordance with the federal
Juvenile Justice Reform Act of 2018 (34 U.S.C. Sec. 11101 et seq.), the Office of Youth and Community Restoration shall inspect and collect relevant data from any facility that may be used for the secure detention of minors. The Office of Youth and Community Restoration shall collect data, including, but not limited to, all data published by the Board of State and Community Corrections pursuant to Section 1342 of Title 15 of the California Code of Regulations. The data shall be disaggregated by descriptors, including, but not limited
to, age, gender identification, race, ethnicity, and sexual orientation. All data collected pursuant to this subdivision shall be made publicly available on the Office of Youth and Community Restoration’s internet website, in a manner accessible to the public.
(h)(1)All reports and notices of findings prepared by the Board of State and Community Corrections pursuant to this section shall be made publicly available on the Board of State and Community Corrections’ internet website.
(2)All reports and notices of findings prepared or received by the Office
of Youth and Community Restoration pursuant to this section shall be made publicly available on the Office of Youth and Community Restoration’s internet website.
(3)The Office of Youth and Community Restoration shall notify the Legislature of any findings related to facility suitability within 30 days of making any findings.
SECTION 1.
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,Commencing July 1, 2025, the Office of Youth and Community Restoration shall adopt minimum standards for the operation and maintenance of nonsecure placement facilities for persons alleged or found to be persons coming within the terms of Section 601 or 602.
(a)The Board of State and Community Corrections, with the coordination and concurrence of the Office of Youth and Community Restoration, shall adopt regulations establishing standards for law enforcement facilities that contain lockups for adults and that are used for the temporary, secure detention of minors upon arrest under subdivision (b) of Section 207.1. The standards shall identify appropriate conditions of confinement for minors in law enforcement facilities, including standards for places within a police station or sheriff’s station where minors
may be securely detained; standards regulating contact between minors and adults in custody in lockup, booking, or common areas; standards for the supervision of minors securely detained in these facilities; and any other related standard as the board deems appropriate to effectuate compliance with subdivision (b) of Section 207.1.
(b)Every person in charge of a law enforcement facility that contains a lockup for adults and that is used in any calendar year for the secure detention of any minor shall certify annually that the facility is in conformity with the regulations adopted by the board under subdivision (a). The certification shall be endorsed by the sheriff or chief of police of the jurisdiction in which the facility is located and shall be forwarded to and maintained by the board. Upon receipt of each certification, the board shall provide a copy to the Office of Youth and Community Restoration.
The board may provide forms and instructions to local jurisdictions to facilitate compliance with this requirement.
It shall be the duty of a juvenile justice commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose, the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect such institutions no less frequently than once a year, and may hold hearings. A judge of the juvenile court shall have the power to issue subpoenas requiring attendance and testimony of witnesses
and production of papers at hearings of the commission.
A juvenile justice commission shall annually inspect any jail or lockup within the county that in the preceding calendar year was used for confinement for more than 24 hours of any minor. It shall report the results of all facility inspections together with its recommendations based thereon, in writing, to the juvenile court and to the Office of Youth and Community Restoration.
SEC. 12.SEC. 2.
Section 827 of the Welfare and Institutions Code is amended to read:827.
(a) (1) Except as provided in Section 828, a case file may be inspected only by the following:Where there is no juvenile hall in the county of residence of minors, or when the juvenile hall becomes unfit or unsafe for detention of minors, the presiding or sole juvenile court judge may, with the recommendation of the probation officer of the sending county and the consent of the probation officer of the receiving county, by written order filed with the clerk of the court, designate the juvenile hall of any county in the state for the detention of an individual minor for a period not to exceed 60 days. The court may, at any time, modify or vacate the order and shall require notice of the transfer to be given to the parent or guardian. The county of residence of a minor so transferred shall reimburse the receiving county for costs and liability as agreed upon by
the two counties in connection with the order.
As used in this section, the terms “unfit” and “unsafe” shall include a condition in which a juvenile hall is considered by the juvenile court judge, the probation officer of that county, the Board of State and Community Corrections, or the Office of Youth and Community Restoration to be too crowded for the proper and safe detention of minors.
(a)In addition to the types of treatment specified in Sections 727 and 730, commencing July 1, 2021, the court may order that a ward who is 14 years of age or older be committed to a secure youth treatment facility for a period of confinement described in subdivision (b) if the ward meets all of the following criteria:
(1)The juvenile is adjudicated and found to be a ward of the court based on an offense listed in subdivision (b) of Section 707 that was committed when the juvenile was 14 years of age or older.
(2)The adjudication described in paragraph (1) is the most recent offense for which the juvenile has been adjudicated.
(3)The court has made a finding on the record that a less restrictive, alternative disposition for the ward is unsuitable. In determining this, the court shall consider all relevant and material evidence, including the recommendations of counsel, the probation department, and any other agency or individual designated by the court to advise on the appropriate disposition of the case. The court shall additionally make its determination based on all of the following criteria:
(A)The severity of the offense or offenses for which the ward has been most recently adjudicated, including the ward’s role in the offense, the ward’s behavior, and harm done to victims.
(B)The ward’s previous delinquency history, including the adequacy and success of previous attempts by the juvenile court to rehabilitate the ward.
(C)Whether the programming, treatment, and education offered and provided in a secure youth treatment facility is appropriate to meet the treatment and security needs of the ward.
(D)Whether the goals of rehabilitation and community safety can be met by assigning the ward to an alternative, less restrictive disposition that is available to the court.
(E)The ward’s age, developmental maturity, mental and emotional health, sexual orientation, gender identity and expression, and any disabilities or special needs affecting the safety or suitability of committing the ward to a term of confinement in a secure youth treatment facility.
(b)In making its order of commitment for a ward, the court shall set a baseline term of confinement for the ward that is based on the most serious recent offense for which the ward has been adjudicated. The baseline term of confinement shall represent the time in custody necessary to meet the developmental and treatment needs of the ward and to prepare the ward for discharge to a period of probation supervision in the community. The baseline term of confinement for the ward shall be determined according to offense-based classifications that are approved by the Judicial Council, as described in subdivision (h). Pending the development and adoption of offense-based classifications by the Judicial Council, the court shall set a baseline term of confinement for the ward
utilizing the discharge consideration date guidelines applied by the Department of Corrections and Rehabilitation, Division of Juvenile Justice prior to its closure and as set forth in Sections 30807 to 30813, inclusive, of Title 9 of the California Code of Regulations. These guidelines shall be used only to determine a baseline confinement time for the ward and shall not be used or relied on to modify the ward’s confinement time in any manner other than as provided in this section. The court may, pending the adoption of Judicial Council guidelines, modify the initial baseline term with a deviation of plus or minus six months. The baseline term shall also be subject to modification in progress review hearings as described in subdivision (e).
(c)(1)In making its order of commitment, the court shall additionally set a
maximum term of confinement for the ward based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation. The maximum term of confinement shall represent the longest term of confinement in a facility that the ward may serve subject to the following:
(A)A ward committed to a secure youth treatment facility under this section shall not be held in secure confinement beyond 23 years of age, or 2 years from the date of the commitment, whichever occurs later. However, if the ward has been committed to a secure youth treatment facility based on adjudication for an offense or offenses for which the ward, if convicted in adult criminal court, would face an aggregate sentence of 7 or more years, the ward shall not be held in secure confinement beyond 25 years of age, or 2 years from the date of commitment, whichever occurs later.
(B)The maximum term of confinement shall not exceed the middle term of imprisonment that can be imposed upon an adult convicted of the same offense or offenses. If the court elects to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the maximum term of confinement shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code, which includes any additional term imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the Health and Safety Code.
(C)Precommitment credits for time served must be applied against the maximum term of confinement as set pursuant to this subdivision.
(2)For purposes of this section, “maximum term of confinement” has the same meaning as “maximum term of imprisonment,” as defined in paragraph (2) of subdivision (d) of Section 726.
(d)(1)Within 30 judicial days of making an order of commitment to a secure youth treatment facility, the court shall receive, review, and approve an individual rehabilitation plan that meets the requirements of paragraph (2) for the ward that has been submitted to the court by the probation department and any other agencies or individuals the court deems necessary for the development of the plan. The plan may be developed in consultation with a multidisciplinary team of youth service, mental and behavioral health, education, and other treatment providers who are convened to advise the court for this purpose. The prosecutor and the counsel for the ward may provide input in the development of the rehabilitation plan prior to the court’s approval of the plan. The plan may be modified by the court based on all of
the information provided.
(2)An individual rehabilitation plan shall do all of the following:
(A)Identify the ward’s needs in relation to treatment, education, and development, including any special needs the ward may have in relation to health, mental or emotional health, disabilities, or gender-related or other special needs.
(B)Describe the programming, treatment, and education to be provided to the ward in relation to the identified needs during the commitment period.
(C)Reflect, and be consistent with, the principles of trauma-informed, evidence-based, and culturally responsive care.
(D)The ward and their family shall be given the opportunity to provide input regarding the needs of the ward during the identification process stated in subparagraph (A), and the opinions of the ward and the ward’s family shall be included in the rehabilitation plan report to the court.
(e)(1)The court shall, during the term of commitment, schedule and hold a progress review hearing for the ward not less frequently than once every six months. In the review hearing, the court shall evaluate the ward’s progress in relation to the rehabilitation plan and shall determine whether the baseline term of confinement is to be modified. The court shall consider the recommendations of counsel, the probation
department, and any behavioral, educational, or other specialists having information relevant to the ward’s progress. At the conclusion of each review hearing, upon making a finding on the record, the court may order that the ward remain in custody for the remainder of the baseline term or may order that the ward’s baseline term or previously modified baseline term be modified downward by a reduction of confinement time not to exceed six months for each review hearing. The court may additionally order that the ward be assigned to a less restrictive program, as provided in subdivision (f).
(2)The ward’s confinement time, including time spent in a less restrictive program described in subdivision (f), shall not be extended beyond the baseline confinement term, or beyond a modified baseline term, for disciplinary infractions or other in-custody behaviors. Any infractions or behaviors shall be addressed by alternative means, which may include a system of graduated sanctions for disciplinary infractions adopted by the operator of a secure youth treatment facility and subject to any relevant state standards or regulations that apply to juvenile facilities generally.
(3)The court shall, at the conclusion of the baseline confinement term, including any modified baseline term, hold a probation discharge hearing for the ward. For a ward who has been placed in a less restrictive program described in subdivision (f), the probation discharge hearing shall occur at the end of the period, or modified period, of placement that has been ordered by the court. At the discharge hearing, the court shall review the ward’s progress toward meeting the goals of the individual rehabilitation plan and the recommendations of counsel, the probation department, and any other agencies or individuals having information the court deems necessary. At the conclusion of the hearing, the court shall order that the ward be discharged to a period of probation supervision in the community under conditions approved by the court, unless the court finds that the ward constitutes a substantial risk of imminent harm to others in the community if released from custody. If the court so finds, the ward may be retained in custody in a secure youth treatment facility for up to one additional year of confinement, subject to the review hearing and probation discharge hearing provisions of this subdivision and subject to the maximum confinement provisions of subdivision (c).
(4)If the ward is discharged to probation supervision, the court shall determine the reasonable conditions of probation that are suitable to meet the developmental needs and circumstances of the ward and to facilitate the ward’s successful reentry into the community. The court shall periodically review the ward’s progress under probation supervision and shall make any additional orders deemed necessary to modify the program of supervision in order to facilitate the provision of services or to otherwise support the ward’s successful reentry into the community. If the court finds that the ward has failed materially to comply with the reasonable orders of probation imposed by the court, the court may order that the ward be returned to a juvenile facility or to a placement described in subdivision (f) for a period not to exceed either the remainder of the baseline term, including any court-ordered modifications, or six months, whichever is longer, and in any case not to exceed the maximum confinement limits of subdivision (c).
(f)(1)Upon a motion from the probation department or the ward, the court may order that the ward be transferred from a secure youth treatment facility to less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential service program. The purpose of a less restrictive program is to facilitate the safe and successful reintegration of the ward into the community. The court shall consider the transfer request at the next scheduled treatment review hearing or at a separately scheduled hearing. The court shall consider the recommendations of the probation department on the proposed change in
placement. Approval of the request for a less restrictive program shall be made only upon the court’s determination that the ward has made substantial progress toward the goals of the individual rehabilitation plan described in subdivision (d) and that placement is consistent with the goals of youth rehabilitation and community safety. In making its determination, the court shall consider both of the following factors:
(A)The ward’s overall progress in relation to the rehabilitation plan during the period of confinement in a secure youth treatment facility.
(B)The programming and community transition services to be provided, or coordinated by the less restrictive program, including, but not limited to, any educational, vocational, counseling, housing, or other services made available through the program.
(2)In any order transferring the ward from a secure youth treatment facility to a less restrictive program, the court may require the ward to observe any conditions of performance or compliance with the program that are reasonable and appropriate in the individual case and that are within the capacity of the ward to perform. The court shall set the length of time the ward is to remain in a less restrictive program, not to exceed the remainder of the baseline or modified baseline term, prior to a probation discharge hearing described in subdivision (e). If, after placement in a less restrictive program, the court determines that the ward has materially failed to comply with the court-ordered conditions of placement in the program, the court may modify the terms and conditions of placement in the program or may order the ward to be returned to a secure youth treatment facility for the remainder of the baseline term, or modified baseline term, and subject to further periodic review hearings, as provided in subdivision (e) and to the maximum confinement provisions of subdivision (c). If the ward is returned to the secure youth treatment facility under the provisions of this paragraph, the ward’s baseline or modified baseline term shall be adjusted to include credit for the time served by the ward in the less restrictive program.
(g)A secure youth treatment facility, as described in this section, shall meet the following criteria:
(1)The facility shall be a secure facility that is operated, utilized, or accessed by the county of commitment to provide appropriate programming, treatment, and education for wards having been adjudicated for the offenses specified in subdivision (a).
(2)The facility may be a stand-alone facility, such as a probation camp or other facility operated under contract with the county, or with another county, or may be a unit or portion of an existing county juvenile facility, including a juvenile hall or probation camp, that is configured and programmed to serve the population described in subdivision (a) and is in compliance with the standards described in paragraph (3).
(3)The Board of State and Community Corrections shall by July 1, 2024, review existing juvenile facility standards and modify or add standards for the establishment, design, security, programming and education, and staffing of any facility that is utilized or accessed by the court as a secure youth treatment facility under the provisions of this section. The standards shall be developed by the board with the coordination and concurrence of the Office of Youth and Community Restoration established by Section 2200. The standards shall specify how the facility may be used to serve or to separate juveniles, other than juveniles described in subdivision (a) serving baseline confinement terms, who may also be detained in or committed to the facility or to some portion of the facility. Pending the final adoption of these modified standards, a secure youth treatment facility shall comply with applicable minimum standards for juvenile facilities in Title 15 and Title 24 of the California Code of Regulations.
(4)(A)A county proposing to establish a secure youth treatment facility for wards described in subdivision (a) shall notify the Board of State and Community Corrections of the operation of the facility and shall submit a description of the facility to the board in a format designated by the board. Commencing July 1, 2022, the Board of State and Community Corrections shall conduct a biennial inspection of each secure youth treatment facility that was used for the confinement of juveniles placed pursuant to subdivision (a) during the preceding calendar year. To the extent new standards are not yet in place, the board shall utilize the standards in existing regulations.
(B)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board by this paragraph shall be transferred to and vested in the Office of Youth and Community Restoration.
(5)In lieu of establishing its own secure youth treatment facility, a county may contract with another county having a secure youth treatment facility to accept commitments of wards described in subdivision (a).
(6)A county may establish a secure youth treatment facility to serve as a regional center for commitment of juveniles by one or more other counties on a contract payment basis.
(h)(1)By July 1, 2023, the Judicial Council shall develop and adopt a matrix of offense-based classifications to be applied by the juvenile courts in all counties in setting the baseline confinement terms described in subdivision (b). Each classification level or category shall specify a set of offenses within the level or category that is linked to a standard
baseline term of years to be assigned to youth, based on their most serious recent adjudicated offense, who are committed to a secure youth treatment facility as provided in this section. The individual baseline term of years to be assigned in each case may be derived from a standard range of years for each offense level or category as designated by the Judicial Council. The classification matrix may provide for upward or downward deviations from the baseline term and may also provide for a system of positive incentives or credits for time served. In developing the matrix, the Judicial Council shall be advised by a working group of stakeholders, which shall include representatives from prosecution, defense, probation, behavioral health, youth service providers, youth formerly incarcerated in the Division of Juvenile Justice, and youth advocacy and other stakeholders and organizations having
relevant expertise or information on dispositions and sentencing of youth in the juvenile justice system. In the development process, the Judicial Council shall also examine and take into account youth sentencing and length-of-stay guidelines or practices adopted by other states or recommended by organizations, academic institutions, or individuals having expertise or having conducted relevant research on dispositions and sentencing of youth in the juvenile justice system.
(2)Upon final adoption by the Judicial Council, the matrix of offense-based classifications shall be applied in a standardized manner by juvenile courts in each county in cases where the court is required to set a baseline confinement term under subdivision (b) for wards who are committed to a secure youth treatment facility. The discharge consideration date guidelines of the Division of Juvenile Justice that were applied on an interim basis, as provided in subdivision (b), shall not thereafter be utilized to determine baseline confinement terms for wards who are committed to a secure youth treatment facility under the provisions of this section.
(i)A court shall not commit a juvenile to any juvenile facility, including a secure youth treatment facility as defined in this section, for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense or offenses.
(a)The Board of State and Community Corrections shall adopt and prescribe the minimum standards of construction, operation, programs of education and training, and qualifications of personnel for juvenile ranches, camps, or forestry camps established under Section 881.
(b)The Board of State and Community Corrections shall conduct a biennial inspection of each juvenile ranch, camp, or forestry camp situated in this state that, during the preceding calendar year, was used for confinement of any minor for more than 24 hours.
(c)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the
board by this section shall be transferred to and vested in the Office of Youth and Community Restoration.
(d)The custodian of each juvenile ranch, camp, or forestry camp shall make any reports that may be required by the board or the Office of Youth and Community Restoration to effectuate the purposes of this section.
(a)A juvenile home, ranch, camp, or forestry camp may receive or contain a maximum of 125 children at any one time if the county has determined that there is a consistent need for juvenile home, ranch, camp, or forestry camp placements that exceeds the beds available in the county. Any county desiring to expand the capacity of a juvenile home, ranch, camp, or forestry camp pursuant to this section shall certify to the Board of State and Community Corrections that the facility to be expanded will continue to meet the minimum standards adopted and prescribed pursuant to Section 885 during the period of expanded capacity.
(b)(1)The Legislature reaffirms its belief that juvenile ranches, camps, forestry camps, and other residential treatment facilities should be small enough to provide individualized guidance and treatment for juvenile offenders that enables them to return to their families and communities as productive and law abiding citizens. Consistent with this principle and upon demonstration of exceptional need, a juvenile ranch, camp, or forestry camp may receive or contain a maximum population in excess of 125 children at any one time if the Board of State and Community Corrections has approved that expanded capacity pursuant to the following procedure:
(A)The county shall submit an application to the Board of State and Community Corrections, endorsed by the board of supervisors, identifying the capacity requested and the reasons why the additional capacity is needed. The application shall include the county’s plan to ensure that the facility will, with the additional capacity, comply with applicable minimum standards and maintain adequate levels of onsite staffing, program, and other services for children in the facility.
(B)The Board of State and Community Corrections shall review any application received under this subdivision and shall approve or deny the application based on a determination whether the county has demonstrated its ability to comply with minimum standards and maintain adequate staffing, program, and service levels for children in the expanded facility. In its review, the board shall consider any public comment that may be submitted while the application is pending. The board may approve an application with conditions, including a capacity below the requested number, remodeling or expansion of units or living quarters, staffing ratios in excess of those required by minimum standards, or other adjustments of program or procedure deemed appropriate by the board for a facility operating with a capacity in excess of 125 children. The board shall ensure that the staffing, program, and service levels are increased commensurate with the increased risks to residents and the staff that are a result of the expanded capacity.
(2)Notwithstanding the inspection schedule set forth in Section 885, the board shall conduct an annual inspection of any facility whose application for expanded capacity under this subdivision is approved. The approval to operate at a capacity above 125 children shall terminate, and the facility shall not thereafter receive or contain more than 125 children, if the board determines after any annual inspection that the facility is not in compliance with minimum standards, that program, staffing, or service levels for children in the expanded facility have not been maintained, or that the county has failed substantially to comply with a condition that was attached to the board’s approval of the expanded capacity.
(c)The board may provide forms and instructions to local jurisdictions to facilitate compliance with this section.
(d)Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board by this section shall be transferred to and vested in the Office of Youth and Community Restoration.
(a)On or before May 1 of each year, each county shall prepare and submit to the Board of State and Community Corrections a Juvenile Justice Development Plan on its proposed programs, strategies, and system enhancements for the next fiscal year from the Youthful Offender Block Grant Fund described in Section 1951. The plan shall include all of the following:
(1)A description of the programs, placements, services, strategies, and system enhancements to be funded by the block grant allocation pursuant to this chapter, including, but not limited to, the programs, tools, and strategies outlined in Section 1960.
(2)A description of how the plan relates to or supports the county’s overall strategy for dealing with youthful offenders who have not committed an offense described in subdivision (b) of Section 707, and who are no longer eligible for commitment to the Division of Juvenile Facilities under Section 733 as of September 1, 2007.
(3)A description of any regional agreements or arrangements to be supported by the block grant allocation pursuant to this chapter.
(4)A description of how the programs, placements, services, or strategies identified in the plan coordinate with multiagency juvenile justice plans and programs under paragraph (4) of subdivision (b) of Section 30061 of the Government Code.
(b)The plan described in subdivision
(a) shall be submitted to the Board of State and Community Corrections in a format, as specified by the board, that consolidates the form for submission of the plan with the form for submission of the multiagency juvenile justice plan to be developed and submitted to the board as provided by paragraph (4) of subdivision (b) of Section 30061 of the Government Code.
(c)Each county receiving an allocation from the Youthful Offender Block Grant Fund described in Section 1951 shall, by October 1 of each year, submit an annual report to the Board of State and Community Corrections on its utilization of the block grant funds in the preceding fiscal year. The report shall be in a format specified by the board that consolidates the report required by this subdivision with the annual report required to be submitted to the board under the
provisions of subparagraph (D) of paragraph (4) of subdivision (b) of Section 30061 of the Government Code, and shall include all of the following:
(1)A description of the programs, placements, services, strategies, and system enhancements supported by block grant funds in the preceding fiscal year, and an accounting of all of the county’s expenditures of block grant funds for the preceding fiscal year.
(2)A description and expenditure report for programs, strategies, and system enhancements that have been cofunded during the preceding fiscal year using funds provided under this chapter and juvenile justice funds provided under paragraph (4) of subdivision (b) of Section 30061 of the Government Code.
(3)Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the board, including, but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions and probation violations, and including, in a format to be specified by the board, a summary description or analysis, based on available information, of how the programs, strategies, and system enhancements funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report.
(d)The board shall prepare and make available to the public on its internet website summaries of the annual county reports submitted in accordance with subdivision (c). By March 1 of each year, the board also
shall prepare and submit to the Governor and the Legislature a report summarizing county utilizations of block grant funds in the preceding fiscal year, including a summary of the programs, strategies, system enhancements, and related expenditures made by each county utilizing Youthful Offender Block Grant funds. The annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, and system enhancements supported by Youthful Offender Block Grant funds have or may have contributed to, or influenced, the trends identified. The board may consolidate the annual report to the Governor and the Legislature required under this section with the annual report required by subparagraph (E) of paragraph (4) of subdivision (b) of Section 30061 of the Government Code. The annual
report shall be submitted in compliance with Section 9795 of the Government Code. The annual report shall also be posted for access by the public on the office’s internet website.
(e)No later than January 1, 2025, all authority, responsibilities, and duties conferred on the board by this section shall be transferred to and vested in the Office of Youth and Community Restoration.
Commencing July 1, 2025, all authority, responsibilities, and duties conferred on the board by this article shall be transferred to and vested in the Office of Youth and Community Restoration.
SEC. 19.SEC. 3.
Section 1991 of the Welfare and Institutions Code is amended to read: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 subdivision (b) of Section 1990. In making allocations, the county board of supervisors shall be(d)All unallocated funds shall be returned to the General Fund by December 15 in the year during
which they were allocated by the Department of Finance.
SEC. 20.SEC. 4.
Section 1995 of the Welfare and Institutions Code is amended to read: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 Section 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 subdivision (b) of Section 1990.(e)In
order to receive funding pursuant to Section 1991, a county shall have a plan approved by the Office of Youth and Community Restoration and verified to the Controller.
(f)In
(g)
(h)By July 1, 2024, and July 1 annually thereafter, the Office of Youth and Community Restoration shall verify to the Controller a list of counties with an approved plan in accordance with subdivision (g). The Office of Youth and Community Restoration shall thereafter verify an updated list of counties with an approved plan for that year by the first day of each month remaining in the calendar year until November 1 of each year.
(i)
SEC. 21.SEC. 5.
Section 2200 of the Welfare and Institutions Code, as amended by Section 6.1 of Chapter 786 of the Statutes of 2022, is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(c)By July 1, 2025, all authority, responsibilities, and duties conferred on the Board of State and Community Corrections regarding juvenile justice shall be transferred to and vested in the Office of
Youth and Community Restoration. The office shall assume the board’s juvenile justice-related statutory authority, duties, and responsibilities, which include, but are not limited to, awarding grants, collecting data, making reports, conducting inspections, developing and enforcing minimum standards for local facilities, and developing standards for selection and training of personnel.
(d)
(5)(A)Commencing July 1, 2025, establish, revise, and enforce minimum standards for the operation and maintenance of juvenile facilities.
(B)All authority, responsibilities, and duties conferred on the Board of State and Community Corrections pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 to adopt and prescribe facility minimum standards shall be transferred to and vested in the office. These standards shall include a requirement that the facilities comply with the standards for selection and training adopted by the office pursuant to paragraph (7).
(C)The office shall review standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 no less frequently than every two years and make any revisions the office deems appropriate.
(D)To monitor compliance with standards, the office shall conduct a biennial inspection of each juvenile facility situated in this state and established pursuant to the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2) that, during the preceding calendar year, was used for confinement of any person under the jurisdiction of the juvenile court for more than 24 hours. The office may also conduct unannounced inspections. The custodian of each juvenile facility shall make any reports and provide access to youth and staff as may be required by the office to effectuate the purposes of this subparagraph.
(E)(i)To ensure compliance with minimum standards, the office shall implement a system of graduated sanctions by regulation applicable to each juvenile facility situated in this state and established pursuant to the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2) that, during the preceding calendar year, was used for confinement of any person under the jurisdiction of the juvenile court for more than 24 hours. The sanctions developed shall include the option for facility closure. Sanctions may include, but are not limited to, training, technical assistance, and assessment of fines and civil penalties. The office shall post a notice of any sanctions imposed pursuant to this paragraph on the office’s internet website in a manner that is accessible to the public. The office may adopt regulations necessary to carry out the purposes of this subparagraph.
(ii)The office shall promptly notify the county board of supervisors of any sanctions related to facilities within its county.
(iii)Beginning July 1, 2026, and annually thereafter, the office shall make an annual report to the Legislature of sanctions imposed pursuant to this subparagraph. The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(6)Review annual inspection reports and recommendations of county or regional juvenile justice commissions made pursuant to Section 229 and communicate with judges regarding any inspections, findings, and suitability determinations made pursuant to Section 209.
(7)(A)Adopt, and periodically amend, regulations establishing minimum standards for the selection and training of personnel employed by any city, county, city and county, or local agency or by an entity contracting with any city, county, city and county, or local agency to provide for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, delinquent conduct who are currently under local jurisdiction. All of these regulations shall be adopted and amended pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(B)Any city, county, city and county, or local agency may adhere to the standards for the selection and training established by the office for personnel who are not otherwise subject to the standards as adopted by the office pursuant to paragraph (5) of this subdivision. The office may defer the promulgation of selection standards until necessary research for job relatedness is completed.
(C)Minimum training standards shall include, but are not limited to, basic, entry, continuation, supervisory, management, and specialized assignments.
(D)For purposes of implementing this paragraph, the office shall have all the following powers:
(i)Approve or certify, or both, training and education courses at institutions approved by the office.
(ii)Develop and operate a professional certificate program that provides recognition of achievement for personnel and probation officers whose agencies participate in the program.
(iii)Adopt regulations necessary to carry out the purposes of this paragraph.
(iv)Develop and present training courses for personnel and probation officers.
(v)Perform other activities and studies necessary to carry out the intent of this paragraph.
(8)
(e)
(f)
(g)
(h)
(i)(1)
(2)Commencing no later than January 1, 2025, the office shall act as the state planning agency for federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of delinquency prevention activities throughout the state, shall establish priorities for the use of funds available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to those plans or federal acts.
(3)For purposes of this subdivision, “federal acts” means the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.) and any act or acts amendatory or supplemental thereto.
(j)
(k)
(l)
SEC. 22.SEC. 6.
Section 2200 of the Welfare and Institutions Code, as added by Section 6.2 of Chapter 786 of the Statutes of 2022, is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(c)By July 1, 2025, all authority, responsibilities, and duties conferred on the Board of State and Community Corrections regarding juvenile justice shall be transferred to and vested in the Office of
Youth and Community Restoration. The office shall assume the board’s juvenile justice-related statutory authority, duties, and responsibilities, which include, but are not limited to, awarding grants, collecting data, making reports, conducting inspections, developing and enforcing minimum standards for local facilities, and developing standards for selection and training of personnel.
(d)
(5)(A)Commencing July 1, 2025, establish, revise, and enforce minimum standards for the operation and maintenance of juvenile facilities.
(B)All authority, responsibilities, and duties conferred on the Board of State and Community Corrections pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 to adopt and prescribe facility minimum standards shall be transferred to and vested in the office. These standards shall include a requirement that the facilities comply with the standards for selection and training adopted by the office pursuant to paragraph (7).
(C)The office shall review standards developed pursuant to Sections 210, 210.1, 875, 885, and subdivision (e) of Section 207.1 no less frequently than every two years and make any revisions the office deems appropriate.
(D)To monitor compliance with standards, the office shall conduct a biennial inspection of each juvenile facility situated in this state and established pursuant to the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2) that, during the preceding calendar year, was used for confinement of any person under the jurisdiction of the juvenile court for more than 24 hours. The office may also conduct unannounced inspections. The custodian of each juvenile facility shall make any reports and provide access to youth and staff as may be required by the office to effectuate the purposes of this subparagraph.
(E)(i)To ensure compliance with minimum standards, the office shall implement a system of graduated sanctions by regulation applicable to each juvenile facility situated in this state and established pursuant to the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2) that, during the preceding calendar year, was used for confinement of any person under the jurisdiction of the juvenile court for more than 24 hours. Sanctions developed shall include the option for facility closure. Sanctions may include, but are not limited to, training, technical assistance, and assessment of fines and civil penalties. The office shall post a notice of any sanctions imposed pursuant to this paragraph on the office’s internet website in a manner that is accessible to the public. The office may adopt regulations necessary to carry out the purposes of this subparagraph.
(ii)The office shall promptly notify the county board of supervisors of any sanctions related to facilities within its county.
(iii)Beginning July 1, 2026, and annually thereafter, the office shall make an annual report to the Legislature of sanctions imposed pursuant to this subparagraph. The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(6)Review annual inspection reports and recommendations of county or regional juvenile justice commissions made pursuant to Section 229 and communicate with judges regarding any inspections, findings, and suitability determinations made pursuant to Section 209.
(7)(A)Adopt, and periodically amend, regulations establishing minimum standards for the selection and training of personnel employed by any city, county, city and county, or local agency or by an entity contracting with any city, county, city and county, or local agency to provide for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, delinquent conduct who are currently under local jurisdiction. All of these regulations shall be adopted and amended pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(B)Any city, county, city and county, or local agency may adhere to the standards for the selection and training established by the office for personnel who are not otherwise subject to the standards as adopted by the office pursuant to paragraph (5) of this subdivision. The office may defer the promulgation of selection standards until necessary research for job relatedness is completed.
(C)Minimum training standards shall include, but are not limited to, basic, entry, continuation, supervisory, management, and specialized assignments.
(D)For purposes of implementing this paragraph, the office shall have all the following powers:
(i)Approve or certify, or both, training and education courses at institutions approved by the office.
(ii)Develop and operate a professional certificate program that provides recognition of achievement for personnel and probation officers whose agencies participate in the program.
(iii)Adopt regulations necessary to carry out the purposes of this paragraph.
(iv)Develop and present training courses for personnel and probation officers.
(v)Perform other activities and studies necessary to carry out the intent of this paragraph.
(8)
(e)
(f)
(g)
(h)
(i)(1)
(2)Commencing no later than January 1, 2025, the office shall act as the state planning agency for federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of delinquency prevention activities throughout the state, shall establish priorities for the use of funds available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to those plans or federal acts.
(3)For purposes of this subdivision, “federal acts” means the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.) and any act or acts amendatory or supplemental thereto.
(j)
