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SB-625 Juveniles: honorable discharge.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB625:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 625


Introduced by Senator Atkins

February 17, 2017


An act to amend Sections 1177, 1178, 1179, 1719, 1766, and 1772 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 625, as introduced, Atkins. Juveniles: honorable discharge.
Existing law sets forth provisions for the discharge of wards from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to the jurisdiction of the committing court. Under existing law, the department has no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings. Existing law requires the committing court to establish the conditions of the ward’s supervision and requires the county of commitment to supervise the reentry of the ward. Existing law authorizes the court, if it makes a finding of a serious violation or a series of repeated violations of the conditions of supervision, to order the reconfinement of the ward in a juvenile facility, a local adult facility, or the Division of Juvenile Facilities, as specified.
This bill would authorize the department to determine if a youth previously committed to the division is eligible for an honorable discharge. The bill would also authorize the board to make honorable discharge determinations upon termination of the jurisdiction of the committing court. This bill would make conforming changes to provisions relating to the powers and duties of the division. The bill would also make conforming changes, reflecting the jurisdiction of the committing court, to provisions relating to the powers and duties of the board with regard to parole, violation of the conditions of parole, and the honorable discharge of a ward.
Existing law requires that all persons honorably discharged from the control of the division to thereafter be released from all penalties or disabilities resulting from the offense for which they were committed. Existing law separately requires that every person discharged from the control of the division who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed.
This bill would specify that the honorable discharge is conducted by the Board of Juvenile Hearings. The bill would make conforming changes to those provisions to make them applicable to persons under the control of a county probation department.
This bill would also make technical, nonsubstantive changes to the above provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1177 of the Welfare and Institutions Code is amended to read:

1177.
 When any person so paroled has proved his or her ability for honorable self-support, the Youth Authority Board of Juvenile Hearings shall give him or her honorable discharge. Any person on parole who violates the conditions of his or her parole may be returned to the Youth Authority.

SEC. 2.

 Section 1178 of the Welfare and Institutions Code is amended to read:

1178.
 The Youth Authority Board of Juvenile Hearings may grant honorable discharge to any person previously committed to or confined in any such school. the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. The reason for that discharge shall be entered in the records.

SEC. 3.

 Section 1179 of the Welfare and Institutions Code is amended to read:

1179.
 (a) All persons Each person honorably discharged from the control of the Youth Authority Board Department of Corrections and Rehabilitation, Division of Juvenile Facilities by the Board of Juvenile Hearings shall thereafter be released from all penalties or disabilities resulting from the offenses for which they were committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law. However, that a person shall is not be eligible for appointment as a peace officer employed by any public agency if his or her appointment would is otherwise be prohibited by Section 1029 of the Government Code.
(b) Notwithstanding the provisions of subdivision (a), that a person may be appointed and employed as a peace officer by the Department of the Youth Authority Corrections and Rehabilitation, Division of Juvenile Facilities if (1) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the board, or (2) the person was employed as a peace officer by the department on or before January 1, 1983. No A person who is under the jurisdiction of the department Division of Juvenile Facilities or county probation department shall not be admitted to an examination for a peace officer position with the department Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the department by the Youth Authority Board. Division of Juvenile Facilities pursuant to subdivision (a).
(c) Upon In the case of a person discharged from the control of Department of Corrections and Rehabilitation, Division of Juvenile Facilities by the Board of Juvenile Hearings, upon the final discharge or dismissal of any such the person, the Department of the Youth Authority department shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the court by which the person was committed. The court shall thereupon dismiss the accusation and the action pending against that person.

SEC. 4.

 Section 1719 of the Welfare and Institutions Code is amended to read:

1719.
 (a) The following powers and duties shall be exercised and performed by the Board of Juvenile Hearings: discharges of commitment, orders for discharge from the jurisdiction of the Division of Juvenile Facilities to the jurisdiction of the committing court, honorable discharge determinations upon termination of the jurisdiction of the committing court, initial case reviews, and annual reviews.
(b) Any ward may appeal a decision by the Board of Juvenile Hearings 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, developing and updating individualized treatment plans, institution placements, furlough placements, return of nonresident persons to the jurisdiction of the state of legal residence, disciplinary decisionmaking, honorable discharge determinations for youth previously committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, 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 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.

SEC. 5.

 Section 1766 of the Welfare and Institutions Code is amended to read:

1766.
 (a) Subject to Sections 733 and 1767.35, and subdivision (b) of this section, if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do any of the following:
(1) Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Facilities and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b).
(2) Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731.
(b) The following provisions shall apply to any ward eligible for discharge from his or her commitment to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety.
(1) The county of commitment shall supervise the reentry of any ward still subject to the court’s jurisdiction and discharged from the jurisdiction of the Division of Juvenile Facilities. The conditions of the ward’s supervision shall be established by the court pursuant to the provisions of this section.
(2) Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the ward’s counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date.
(3) (A) Not less than 30 days prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact his or her parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a ward’s preparation for the discharge consideration hearing or the ward’s postrelease success.
(B) This paragraph shall not apply if either of the following conditions is met:
(i) A minor chooses not to contact his or her parents, guardians, or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons.
(ii) A person 18 years of age or older does not consent to the contact.
(C) Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving his or her commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward.
(D) Nothing in this paragraph shall be construed to limit the right of a ward to an attorney under any other law.
(4) Not less than 30 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county.
(5) If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall set a date for discharge from the jurisdiction of the Division of Juvenile Facilities no less than 14 days after the date of such determination. The board shall also record any postrelease recommendations for the ward. These recommendations will be sent to the committing court responsible for setting the ward’s conditions of supervision no later than seven days from the date of such determination.
(6) No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Facilities shall transport and deliver the ward to the custody of the probation department of the committing county. On or prior to a ward’s date of discharge from the Division of Juvenile Facilities, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2.
(7) The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the board. board, except to determine if a youth previously committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities is eligible for an honorable discharge.
(8) Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Facilities shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation shall be discharged after serving his or her revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of his or her parole are not sustained.
(c) Within 60 days of intake, the Division of Juvenile Facilities shall provide the court and the probation department with a treatment plan for the ward.
(d) Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public the following information:
(1) The total number of ward case reviews conducted by the division and the board, categorized by guideline category.
(2) The number of discharge consideration dates for each category set at guideline, above guideline, and below guideline.
(3) The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change.
(4) The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case.
(5) The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense.
(6) Any additional data or information identified by the department as relevant.
(e) As used in subdivision (d), the term “ward case review” means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward.

SEC. 6.

 Section 1772 of the Welfare and Institutions Code is amended to read:

1772.
 (a) Subject to subdivision (b), every person honorably discharged from control by the Youth Authority Board by the Board of Juvenile Hearings who has not, during the period of control by the authority, Division of Juvenile Facilities or county probation department, been placed by the authority Board of Juvenile Hearings, or by a court after referral from a county probation department, in a state prison shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, and every person discharged may petition the court which committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law.
(b) Notwithstanding subdivision (a): (a), all of the following shall apply:
(1) A person described by subdivision (a) shall not be eligible for appointment as a peace officer employed by any public agency if his or her appointment would otherwise be prohibited by Section 1029 of the Government Code. However, that person may be appointed and employed as a peace officer by the Department of the Youth Authority Department of Corrections and Rehabilitation, Division of Juvenile Facilities if (A) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the Youth Authority Board, Board of Juvenile Hearings, or (B) the person was employed as a peace officer by the Department of the Youth Authority Division of Juvenile Facilities on or before January 1, 1983. No A person who is under the jurisdiction of the Department of the Youth Authority Division of Juvenile Facilities or county probation department shall not be admitted to an examination for a peace officer position with the department Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the Youth Authority Board. Board of Juvenile Hearings pursuant to subdivision (a).
(2) A person described by subdivision (a) is subject to Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code.
(3) The conviction of a person described by subdivision (a) for an offense listed in subdivision (b) of Section 707 is admissible in a subsequent criminal, juvenile, or civil proceeding if otherwise admissible, if all the following are true:
(A) The person was 16 years of age or older at the time he or she committed the offense.
(B) The person was found unfit to be dealt with under the juvenile court law pursuant to Section 707 because he or she was alleged to have committed an offense listed in subdivision (b) of Section 707.
(C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707.
(D) The person was committed to the Department of the Youth Authority Corrections and Rehabilitation, Division of Juvenile Facilities for the offense referred to in subparagraph (C).
(4) The conviction of a person described by subdivision (a) may be used to enhance the punishment for a subsequent offense.
(5) The conviction of a person who is 18 years of age or older at the time he or she committed the offense is admissible in a subsequent civil, criminal, or juvenile proceeding, if otherwise admissible pursuant to law.
(c) Every person discharged from control by the Youth Authority Board of Juvenile Hearings shall be informed of the provisions of this section in writing at the time of discharge.
(d) “Honorably discharged” as used in this section means and includes every person whose discharge is based upon a good record on parole. after release.