Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

SB-1134 Wards: probation.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/01/2020 09:00 PM
SB1134:v98#DOCUMENT

Amended  IN  Senate  April 01, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1134


Introduced by Senator Beall

February 19, 2020


An act to amend Section 730 of, and to add Section 602.05 to, the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1134, as amended, Beall. Wards: probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 6 months the period of time in which a court may place a ward of the court on probation, under the supervision of the probation officer, except as specified. except that a court may extend the probation period for a period not to exceed 6 months after a noticed hearing and upon proof by clear and convincing evidence that it is in the ward’s best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation, thereby imposing a state-mandated local program. The bill would additionally require that conditions of probation for a ward be individually tailored and tailored, developmentally appropriate. appropriate, and reasonable.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 602.05 is added to the Welfare and Institutions Code, to read:

602.05.
 (a) A minor adjudged to be a ward of the court pursuant to Section 602 who is placed on probation, under the supervision of the supervised by probation officer, in the community shall not be placed on that probation for a period that exceeds six months, except as specified in subdivision (b).

(b)The probation officer or defense attorney may appeal to the court to, and the court may, extend the period of probation described in subdivision (a) upon a showing of good cause that extension of the period of probation is in the minor’s best interest.

(b) A court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by clear and convincing evidence that it is in the ward’s best interest.
(1) At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.
(2) In cases in which the court finds by clear and convincing evidence a basis for extending probation beyond the initial six-month period, the court shall state in the minute order the reasons for making that finding and set a noticed hearing for no later than six months after the granting of the extension.
(c) This section does not preclude termination of a ward’s probation before the end of the six-month period.

SEC. 2.

 Section 730 of the Welfare and Institutions Code is amended to read:

730.
 (a) When a minor is adjudged a ward of the court on the ground that the minor is a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall.
(b) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet both of the following requirements:
(1) The conditions are individually tailored and tailored, developmentally appropriate. appropriate, and reasonable.
(2) The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.

(c)When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may order the ward go to work and earn money for the support of the ward’s dependents or to effect reparation and, in either case, that the ward keep an account of the ward’s earnings and report the same to the probation officer and apply these earnings as directed by the court.

(d)

(c) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.

(e)

(d) When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minor’s criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minor’s likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.