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SB-502 Juveniles.(1999-2000)

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SB502:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 502

Introduced  by  Senator Knight

February 18, 1999

An act to add Section 871.2 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 502, as introduced, Knight. Juveniles.
Under existing law, any person under the custody of a probation officer or any peace officer in a county juvenile hall, or committed to a county juvenile home, ranch, camp, or forestry camp, or any person being transported to or from a county juvenile hall, home, ranch, camp, or forestry camp, who escapes or attempts to escape from that place or during transportation to or from that place, is guilty of a misdemeanor. This conduct by force or violence is punishable either as a misdemeanor or a felony.
Under existing law, the willful failure of such a minor to return to the county juvenile hall, home, ranch, camp, or forestry camp at the prescribed time while outside or away from the county facility on furlough or temporary release is a misdemeanor, except as specified.
This bill would enact similar provisions applicable to any minor committed to any residential facility, as defined, in lieu of placement in a county facility, or any minor being transported to or from any such residential facility, who takes an unauthorized leave or attempts to leave that facility without authorization or during transportation to or from that place. By establishing a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 871.2 is added to the Welfare and Institutions Code, to read:

871.2.
 (a) Any minor committed to any residential facility in lieu of placement in a county facility, or any minor being transported to or from any residential facility to which he or she is committed in lieu of placement in a county facility, who takes an unauthorized leave of or attempts to take an unauthorized leave from that residential facility, or during transportation to or from that place, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year.
(b) Any person who commits any of the acts described in subdivision (a) by use of force or violence shall be punished by imprisonment in a county jail for not more than one year or by imprisonment in the state prison.
(c) The willful failure of a minor committed to any residential facility in lieu of placement in a county facility to return to the residential facility to which he or she is committed in lieu of placement in a county facility at the prescribed time while outside or away from the residential facility on an authorized leave constitutes a misdemeanor punishable as provided in subdivision (a). However, a willful failure to return at the prescribed time shall not be considered such an offense if the failure to return was reasonable under the circumstances.
(d) For purposes of this section, “residential facility” means any facility or residence described in SectionS 727 and 727.1, except for the home of a relative.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.