Bill Text: CA SB1032 | 2011-2012 | Regular Session | Amended
Bill Title: Public safety.
Spectrum: Unknown
Status: (Engrossed - Dead) 2012-08-22 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. [SB1032 Detail]
Download: California-2011-SB1032-Amended.html
BILL NUMBER: SB 1032 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2012
INTRODUCED BY Committee on Budget and Fiscal Review
FEBRUARY 6, 2012
An act relating to the Budget Act of 2012
to amend Sections 631 and 631.3 of the Code of Civil
Procedure, and to amend Sections 607, 1719, 1719.5, 1769, and 1771 of
the Welfare and Institutions Code , relating to public safety, and
making an appropriation therefor, to take effect immediately, bill
related to the budget .
LEGISLATIVE COUNSEL'S DIGEST
SB 1032, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2012. Public safety.
Existing law requires each party demanding a jury trial to deposit
advance jury fees in the amount of $150 with the clerk or judge.
Existing law requires the court to transmit the advance jury fees to
the State Treasury for deposit in the Trial Court Trust Fund within
45 calendar days after the end of the month in which the advance jury
fees are deposited with the court.
This bill would instead require that at least one party demanding
a jury on each side of a civil case pay a nonrefundable fee of $150,
unless the fee has been paid by another party on the same side of the
case. The bill would make that fee due on or before the date
scheduled for the initial case management conference in the action,
except in specified circumstances. The bill would make related and
conforming changes to those provisions.
Existing law authorizes the juvenile court to retain jurisdiction
over a ward of the court, until the ward attains 21 years of age,
except in certain circumstances. Existing law further authorizes the
court to retain jurisdiction over a ward who has committed specified
serious offenses or other offenses requiring registration as a sex
offender, until age 25, if committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, or to a state
hospital or mental health facility. Existing law also requires, on
and after July 1, 2012, every person committed by the juvenile court
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, by reason of committing specified offenses, to
be discharged after a 2-year period of control, or when that person
reaches 23 years of age, whichever occurs later, except as specified.
This bill would remove specified offenses requiring registration
as a sex offender from those provisions that allow the court, in
certain circumstances, to retain jurisdiction over a ward until that
person attains either 25 years of age or 23 years of age. The bill
would state that these changes apply retroactively.
Existing law authorizes the Department of Corrections and
Rehabilitation to develop and implement a system of graduated
sanctions for wards that distinguishes between minor, intermediate,
and serious misconduct. Existing law further requires the department
to promulgate regulations to implement a table of sanctions to be
used in determining discharge consideration date extensions. Existing
law also authorizes the department to extend a ward's discharge
consideration date, subject to appeal, to not more than 12 months,
for a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in
light of the previous case history and circumstances of the
misconduct.
This bill would delete the above provision requiring the
department to promulgate regulations to implement a table of
sanctions, in certain circumstances. The bill would also revise the
above provision regarding a ward's discharge to instead prohibit the
department from extending a ward's discharge consideration date for
incidents occurring after September 1, 2012.
The bill would appropriate $1,000 from the General Fund to the
Department of Corrections and Rehabilitation for administration.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 631 of the Code of
Civil Procedure is amended to read:
631. (a) The right to a trial by jury as declared by Section 16
of Article I of the California Constitution shall be preserved to the
parties inviolate. In civil cases, a jury may only be waived
pursuant to subdivision (f).
(b) Each party demanding a jury trial shall deposit advance jury
fees with the clerk or judge. The total amount of the advance jury
fees shall be one hundred fifty dollars ($150) for each party.
(b) At least one party demanding a jury on each side of a civil
case shall pay a nonrefundable fee of one hundred fifty dollars
($150), unless the fee has been paid by another party on the same
side of the case. The fee shall offset the costs to the state of
providing juries in civil cases. If there are more than two parties
to the case, for purposes of this section only, all plaintiffs shall
be considered one side of the case, and all other parties shall be
considered the other side of the case. Payment of the fee by a party
on one side of the case shall not relieve parties on the other side
of the case from waiver pursuant to subdivision (f).
(c) The advance jury fee deposit shall be made
fee described in subdivision (b) shall be due on or before
the date scheduled for the initial case management conference in the
action . If , except as follows:
(1) In unlawful detainer actions, the fees shall be due at least
five days before the date set for trial.
(2) If no case management
conference is scheduled in a civil action, the advance jury
deposit shall be made or the initial case management
conference occurred before June 28, 2012, and the initial complaint
was filed on or after July 1, 2011, the fee shall be due no
later than 365 calendar days after the filing of the initial
complaint. If
(3) If the initial case management conference occurred before June
28, 2012, and the initial complaint in the case was filed before
July 1, 2011, the fee shall be due at least 25 calendar days before
the date initially set for trial.
(4) If the party requesting
a jury has not appeared before the initial case management
conference , or has first
appeared more than 365 calendar days after the filing of the initial
complaint, the deposit shall be made as provided in
subdivision (d) fee shall be due at least 25 calendar
days before the date initially set for trial .
(d) Except as otherwise provided If a
party failed to timely pay the fee described in subdivision
(c), the deposit (b) that was due
between June 27, 2012, and November 30, 2012, the party will be
relieved of advance jury fees shall be made at least
a jury waiver on that basis only if the party pays the
fee on or before December 31, 2012, or 25 calendar days before
the date initially set for trial, except that in unlawful
detainer actions the fees shall be deposited at least five days
before the date set for trial whichever is earlier
.
(e) The parties demanding a jury trial shall deposit with the
clerk or judge, at the beginning of the second and each succeeding
day's session, a sum equal to that day's fees and mileage of the
jury, including the fees and mileage for the trial jury panel if the
trial jury has not yet been selected and sworn. If more than one
party has demanded a jury, the respective amount to be paid daily by
each party demanding a jury shall be determined by stipulation of the
parties or by order of the court.
(f) A party waives trial by jury in any of the following ways:
(1) By failing to appear at the trial.
(2) By written consent filed with the clerk or judge.
(3) By oral consent, in open court, entered in the minutes.
(4) By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is set
without notice or stipulation.
(5) By failing to deposit with timely pay
the clerk, or judge, advance jury fees as provided
fee described in subdivision (c) or
(d), as applicable (b), unless another party on the
same side of the case has paid that fee .
(6) By failing to deposit with the clerk or judge, at the
beginning of the second and each succeeding day's session, the sum
provided in subdivision (e).
(g) The court may, in its discretion upon just terms, allow a
trial by jury although there may have been a waiver of a trial by
jury.
(h) The court shall transmit the advance jury fees
fee described in subdivision (b) to the State
Treasury for deposit in the Trial Court Trust Fund within 45 calendar
days after the end of the month in which the advance jury
fees are deposited with fee is paid to the
court.
(i) Advance jury fees deposited after the effective date of the
act that amended this section during the 2011-12 Regular Session
shall be nonrefundable.
SEC. 2. Section 631.3 of the Code of
Civil Procedure is amended to read:
631.3. (a) Notwithstanding any other law, when a party to the
litigation has deposited jury fees with the judge or clerk and that
party waives a jury or obtains a continuance of the trial, or the
case is settled, none of the deposit shall be refunded if the court
finds there has been insufficient time to notify the jurors that the
trial would not proceed at the time set. If the jury fees so
deposited are not refunded for any of these reasons, or if a refund
of jury fees deposited with the judge or clerk has not been
requested, in writing, by the depositing party within 20 business
days from the date on which the jury is waived or the action is
settled, dismissed, or a continuance thereof granted, the fees shall
be transmitted to the Controller for deposit into the Trial Court
Trust Fund.
(b) All jury fees and mileage fees that may accrue by reason of a
juror serving on more than one case in the same day shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund. All jury fees that were deposited with the court in advance of
trial pursuant to Section 631 prior to January 1, 1999, and that
remain on deposit in cases that were settled, dismissed, or otherwise
disposed of, and three years have passed since the date the case was
settled, dismissed, or otherwise disposed of, shall be transmitted
to the Controller for deposit into the Trial Court Trust Fund.
(c) Advance jury fees deposited after the effective date
of the act that amended this section during the 2011-12 Regular
Session The fee described in subdivision
(b) of Section 631 shall be nonrefundable and is not
subject to this section .
SEC. 3. Section 607 of the Welfare and
Institutions Code is amended to read:
607. (a) The court may retain jurisdiction over any person who is
found to be a ward or dependent child of the juvenile court until
the ward or dependent child attains 21 years of age, except as
provided in subdivisions (b), (c), and (d).
(b) The court may retain jurisdiction over any person who is found
to be a person described in Section 602 by reason of the commission
of any of the offenses listed in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, or subdivision (c) of
Section 290.008 of the Penal Code, until that person
attains 25 years of age if the person was committed to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities.
(c) The court shall not discharge any person from its jurisdiction
who has been committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities so long as the person
remains under the jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, including periods of
extended control ordered pursuant to Section 1800.
(d) The court may retain jurisdiction over any person described in
Section 602 by reason of the commission of any of the offenses
listed in subdivision (b) or paragraph (2) of subdivision (d) of
Section 707 , or subdivision (c) of Section 290.008 of the
Penal Code, who has been confined in a state hospital or
other appropriate public or private mental health facility pursuant
to Section 702.3 until that person attains 25 years of age, unless
the court that committed the person finds, after notice and hearing,
that the person's sanity has been restored.
(e) The court may retain jurisdiction over any person while that
person is the subject of a warrant for arrest issued pursuant to
Section 663.
(f) Notwithstanding subdivisions (b) and (d), on and after July 1,
2012, every person committed by the juvenile court to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
who is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707 , or
subdivision (c) of Section 290.008 of the Penal Code ,
shall be discharged upon the expiration of a two-year period of
control, or when the person attains 23 years of age, whichever occurs
later, unless an order for further detention has been made by the
committing court pursuant to Article 6 (commencing with Section 1800)
of Chapter 1 of Division 2.5. This section shall not apply to
persons committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or persons confined
in a state hospital or other appropriate public or private mental
health facility, by a court prior to July 1, 2012, pursuant to
subdivisions (b) and (d).
(g) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
SEC. 4. Section 1719 of the Welfare and
Institutions Code , as amended by Section 94 of
Chapter 41 of the Statutes of 2012, is amended to read:
1719. (a) This section applies only to a ward who is released to
parole supervision prior to the 90th day after the enactment of the
act adding this subdivision.
(b) Commencing July 1, 2005, the following powers and duties shall
be exercised and performed by the Juvenile Parole Board: discharges
of commitment, orders to parole and conditions thereof, revocation or
suspension of parole, and disciplinary appeals.
(c) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
(d) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court,
determination of offense category, setting of parole consideration
dates, conducting annual reviews, treatment program orders,
institution placements, furlough placements, return of nonresident
persons to the jurisdiction of the state of legal residence,
disciplinary decisionmaking, and referrals pursuant to Section 1800.
(e) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may not extend a
ward's discharge consideration date. The department shall
promulgate regulations to implement a table of sanctions to be used
in determining discharge consideration date extensions. The
department also may promulgate regulations to establish a process
for granting wards who have successfully responded to disciplinary
sanctions a reduction of up to 50 percent of any time acquired for
disciplinary matters.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 5. Section 1719 of the Welfare and
Institutions Code , as amended by Section 95
of Chapter 41 of the Statutes of 2012, is amended to read:
1719. (a) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court, and
disciplinary appeals.
(b) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge to a panel comprised of at least two commissioners.
(c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, conducting annual reviews, treatment
program orders, institution placements, furlough placements, return
of nonresident persons to the jurisdiction of the state of legal
residence, disciplinary decisionmaking, and referrals pursuant to
Section 1800.
(d) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may not extend a
ward's discharge consideration date. The department shall
promulgate regulations to implement a table of sanctions to be used
in determining discharge consideration date extensions. The
department also may promulgate regulations to establish a process
for granting wards who have successfully responded to disciplinary
sanctions a reduction of any time acquired for disciplinary matters.
(e) This section shall become operative on January 1, 2013.
SEC. 6. Section 1719.5 of the Welfare
and Institutions Code is amended to read:
1719.5. (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
(b) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court,
revocation or suspension of parole, and disciplinary appeals.
(c) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge to a panel comprised of at least two commissioners.
(d) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, conducting annual reviews, treatment
program orders, institution placements, furlough placements, return
of nonresident persons to the jurisdiction of the state of legal
residence, disciplinary decisionmaking, and referrals pursuant to
Section 1800.
(e) The department shall promulgate policies and regulations
implementing a departmentwide system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards. The department shall develop and implement
a system of graduated sanctions that distinguishes between minor,
intermediate, and serious misconduct. The department may not
extend a ward's discharge consideration date , subject
to appeal pursuant to subdivision (c), from one to not more than 12
months, inclusive, for a sustained serious misconduct violation if
all other sanctioning options have been considered and determined to
be unsuitable in light of the ward's previous case history and the
circumstances of the misconduct for incidents
occurring after September 1, 2012 . In any case in which a
discharge consideration date has been extended, the disposition
report shall clearly state the reasons for the extension. The length
of any discharge consideration date extension shall be based on the
seriousness of the misconduct, the ward's prior disciplinary history,
the ward's progress toward treatment objectives, the ward's earned
program credits, and any extenuating or mitigating circumstances. The
department shall promulgate regulations to implement a table of
sanctions to be used in determining discharge consideration date
extensions. The department also may promulgate regulations to
establish a process for granting wards who have successfully
responded to disciplinary sanctions a reduction of up to 50 percent
of any time acquired for disciplinary matters.
(f) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section.
(g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 7. Section 1769 of the Welfare and
Institutions Code is amended to read:
1769. (a) Every person committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, by a juvenile
court shall, except as provided in subdivision (b), be discharged
upon the expiration of a two-year period of control or when he or she
attains 21 years of age, whichever occurs later, unless an order for
further detention has been made by the committing court pursuant to
Article 6 (commencing with Section 1800).
(b) Every person committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, by a juvenile court
who has been found to be a person described in Section 602 by reason
of the violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707 , or
subdivision (c) of Section 290.008 of the Penal Code, shall
be discharged upon the expiration of a two-year period of control or
when he or she attains 25 years of age, whichever occurs later,
unless an order for further detention has been made by the committing
court pursuant to Article 6 (commencing with Section 1800).
(c) Notwithstanding subdivision (b), on and after July 1, 2012,
every person committed by a juvenile court to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, who
is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707 , or
subdivision (c) of Section 290.008 of the Penal Code, shall
be discharged upon the expiration of a two-year period of control,
or when he or she attains 23 years of age, whichever occurs later,
unless an order for further detention has been made by the committing
court pursuant to Article 6 (commencing with Section 1800). This
section shall not apply to persons committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, by a
juvenile court prior to July 1, 2012, pursuant to subdivision (b).
(d) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
SEC. 8. Section 1771 of the Welfare and
Institutions Code is amended to read:
1771. (a) Every person convicted of a felony and committed to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, shall be discharged when he or she attains 25 years of
age, unless an order for further detention has been made by the
committing court pursuant to Article 6 (commencing with Section 1800)
or unless a petition is filed under Article 5 (commencing with
Section 1780). In the event that a petition under Article 5
(commencing with Section 1780) is filed, the division shall retain
control until the final disposition of the proceeding under Article 5
(commencing with Section 1780).
(b) Notwithstanding subdivision (a), on and after July 1, 2012,
every person committed by a juvenile court to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, who
is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, or
subdivision (c) of Section 290.008 of the Penal Code, shall
be discharged upon the expiration of a two-year period of control,
or when the person attains 23 years of age, whichever occurs later,
unless an order for further detention has been made by the committing
court pursuant to Article 6 (commencing with Section 1800). This
section shall not apply to persons committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, by a
juvenile court prior to July 1, 2012, pursuant to subdivision (a).
(c) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
SEC. 9. The sum of one thousand dollars ($1,000)
is hereby appropriated from the General Fund to the Department of
Corrections and Rehabilitation for administration.
SEC. 10. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.
