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SB-1168 Juveniles: Division of Juvenile Facilities.(2017-2018)

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Date Published: 04/02/2018 02:00 PM
SB1168:v98#DOCUMENT

Amended  IN  Senate  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1168


Introduced by Senator Anderson

February 14, 2018


An act to amend Section 786 733 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1168, as amended, Anderson. Juveniles: sealing of records. Division of Juvenile Facilities.
Existing law prohibits the commitment to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities of a person who has been or is adjudged a ward of the juvenile court, as specified, if the most recent offense alleged in any petition and admitted or found to be true by the court is not any of specified serious or violent offenses, or any of specified sex offenses.
This bill would instead prohibit the commitment to the division of that person if all offenses alleged in the most recent petition and admitted or found to be true by the court are not any of specified serious or violent offenses, or any of specified sex offenses.

Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the sealing of records pertaining to that dismissed petition, as specified.

This bill would make a technical, nonsubstantive change to one of those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 733 of the Welfare and Institutions Code is amended to read:

733.
 A ward of the juvenile court who meets any condition described below shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities:
(a) The ward is under 11 years of age.
(b) The ward is suffering from any contagious, infectious, or other disease that would probably endanger the lives or health of the other inmates of any facility.
(c) The ward has been or is adjudged a ward of the court pursuant to Section 602, and the most recent offense all offenses alleged in any the most recent petition and admitted or found to be true by the court is are not described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code. This subdivision shall be effective on and after September 1, 2007.