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AB-3369 Youthful offenders: Youth Authority.(1995-1996)

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Assembly Bill No. 3369
CHAPTER 195

An act to amend Section 1731.5 of the Welfare and Institutions Code, relating to youthful offenders, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  July 22, 1996. Approved by Governor  July 20, 1996. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3369, Wright. Youthful offenders: Youth Authority.
(1)  Existing law authorizes a court to commit to the Youth Authority any person convicted of a public offense who, among other things, is found to be under the age of 21 years at the time of apprehension. If a person under the age of 21 years is not committed to the authority pursuant to this provision, the Director of Corrections is authorized to transfer this person to the authority with the approval of the Director of the Youth Authority. Existing law requires that the duration of the transfer extend until any of specified acts occur, including the inmate reaching the age of 25 years.
This bill would reduce the age limit for authorizing a transfer of a person to the Youth Authority by the Director of Corrections to under 18 years, and would require the transfer to terminate when the inmate reaches 18 years of age, except as specified.
(2)  The bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 1731.5 of the Welfare and Institutions Code is amended to read:

1731.5.
 (a)  After certification to the Governor as provided in this article, a court may commit to the authority any person convicted of a public offense who comes within paragraphs (1), (2), and (3), or paragraphs (1), (2), and (4), below:
(1)  Is found to be less than 21 years of age at the time of apprehension.
(2)  Is not sentenced to death, imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment.
(3)  Is not granted probation.
(4)  Was granted probation and probation is revoked and terminated.
(b)  The Youth Authority shall accept a person committed to it pursuant to this article if it believes that the person can be materially benefited by its reformatory and educational discipline, and if it has adequate facilities to provide that care.
(c)  Any person under the age of 18 years who is not committed to the authority pursuant to this section may be transferred to the authority by the Director of Corrections with the approval of the Director of the Youth Authority. In sentencing a person under the age of 18 years, the court may order that the person shall be transferred to the custody of the Youth Authority pursuant to this subdivision. When the court makes this order and the Youth Authority fails to accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing Youth Authority parole supervision of the inmate, who, in all other aspects shall be deemed to be committed to the Department of Corrections and shall remain subject to the jurisdiction of the Director of Corrections and the Board of Prison Terms. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the Director of the Department of Corrections, with the concurrence of the Director of the Youth Authority, may designate a facility under the jurisdiction of the Director of the Youth Authority as a place of reception for any person described in this subdivision.
The Director of the Youth Authority shall have the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Youth Authority either under the Arnold-Kennick Juvenile Court Law or subdivision (a).
The duration of the transfer shall extend until any of the following occurs:
(1)  The Director of the Youth Authority orders the inmate returned to the Department of Corrections.
(2)  The inmate is ordered discharged by the Board of Prison Terms.
(3)  The inmate reaches the age of 18 years. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 21st birthday, the Director of the Youth Authority may continue to house the inmate until the period of incarceration is completed.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to effectuate the necessary statutory changes to implement the Budget Act of 1996, it is necessary that this act take effect immediately.