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SB-1106 Young adults: deferred entry of judgment pilot program.(2017-2018)

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Date Published: 10/01/2018 09:00 PM
SB1106:v95#DOCUMENT

Senate Bill No. 1106
CHAPTER 1007

An act to amend Section 1000.7 of the Penal Code, relating to crimes.

[ Approved by Governor  September 30, 2018. Filed with Secretary of State  September 30, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1106, Hill. Young adults: deferred entry of judgment pilot program.
Existing law authorizes, only until January 1, 2020, the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara to establish a pilot program to operate a deferred entry of judgment pilot program for eligible defendants. The pilot program authorizes a defendant to participate in the program within the county’s juvenile hall if that person is charged with committing a felony offense, except as specified, he or she pleads guilty to the charge or charges, and the probation department determines that the person meets specified requirements, including that the defendant is 18 years of age or older, but under 21 years of age on the date the offense was committed, is suitable for the program, and shows the ability to benefit from services generally reserved for delinquents. Existing law requires a county to apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for purposes of the pilot program prior to establishing a pilot program and requires the board to review and approve or deny the application, as specified. Existing law requires a county that establishes a pilot program to submit data regarding the pilot program to the board and requires the board to review the program to ensure compliance with specified requirements of federal law. Existing law requires the board to use the data submitted to it to conduct an evaluation of the pilot program’s impact and effectiveness, to combine each evaluation into a comprehensive report, and to submit the comprehensive report to the Assembly and Senate Committees on Public Safety. Existing law also requires the probation department to submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry within the Department of Justice.
This bill would extend the operative date of the authorization to establish a pilot program in those counties to January 1, 2022, and would expand the scope of the program to include the County of Ventura. The bill would also require the board to submit the comprehensive report described above to the Assembly and Senate Committees on Public Safety no later than December 31, 2020.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Butte, Napa, Nevada, Santa Clara, and Ventura.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1000.7 of the Penal Code is amended to read:

1000.7.
 (a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b):
(1) County of Alameda.
(2) County of Butte.
(3) County of Napa.
(4) County of Nevada.
(5) County of Santa Clara.
(6) County of Ventura.
(b) A defendant may participate in a deferred entry of judgment pilot program within the county’s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), he or she pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements:
(1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed.
(2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c).
(3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court.
(4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations.
(5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code.
(6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program.
(d) If the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or if he or she has been convicted of one or more of the following offenses, he or she is not eligible for the program:
(1) An offense listed under subdivision (c) of Section 1192.7.
(2) An offense listed under subdivision (c) of Section 667.5.
(3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code.
(e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment.
(f) (1) If the probation department determines that the defendant is not eligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case.
(2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return him or her to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m).
(3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges.
(g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program.
(h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program.
(i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county.
(j) A defendant participating in the program pursuant to this section shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education.
(k) Prior to establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court, and those within the jurisdiction of the juvenile court.
(l) The Board of State and Community Corrections shall review a county’s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. Sec. 11101 et seq.), as amended, relating to “sight and sound” separation between juveniles and adult inmates.
(m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision.
(2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from the following:
(A) Probation department.
(B) The district attorney’s office.
(C) The public defender’s office.
(D) The sheriff’s department.
(E) Courts located in the county.
(F) The county board of supervisors.
(G) The county health and human services department.
(H) A youth advocacy group.
(n) (1) A county that establishes a pilot program pursuant to this section shall submit data regarding the pilot program to the Board of State and Community Corrections. The data submitted shall be used for the purposes of paragraph (2).
(2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes.
(3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety, no later than December 31, 2020.
(4) The board may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of carrying out the duties of the board pursuant to this subdivision.
(o) This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

SEC. 2.

 The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Butte, Napa, Nevada, Santa Clara, and Ventura. Recent research on the adolescent brain development has found that brain development continues well after an individual reaches 18 years of age. This bill would therefore extend the existing authorization allowing the criminal justice system to apply the most recent brain development research to its practices in these counties by allowing certain transitional age youth access to age-appropriate rehabilitative services available in the juvenile justice system when an assessment determines that the individual would benefit from the services, with the aim of reducing the likelihood of the youth continuing in the criminal justice system.