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

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Date Published: 05/26/2017 10:00 AM
SB625:v98#DOCUMENT

Amended  IN  Senate  May 26, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 625


Introduced by Senator Atkins

February 17, 2017


An act to amend Sections 1177, 1178, 827, 1179, 1719, 1766, and 1772 of of, and to repeal and add Sections 1177 and 1178 of, the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 625, as amended, 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.

This bill would, among other things, confer on the board the obligation to make an honorable discharge determination for a person previously committed to the division upon his or her completion of local probation supervision, but not sooner than 18 months following the date of discharge by the board. The bill would require the board to promulgate regulations setting forth the criteria for the award of an honorable discharge. The bill would state the purposes of an honorable discharge and would require the board to promote the purposes of an honorable discharge designation and inform and assist currently committed youth with regard to obtaining an honorable discharge, as specified.
This bill would require the county of commitment to inform youth currently or previously under its supervision, who were previously under the jurisdiction of the division, about the opportunity and process of petitioning the board for an honorable discharge, as specified. The bill would require the board to request of the county, and would require the county to provide, a summary report of a petitioner’s performance while on probation. The bill would also make conforming changes to provisions relating to authorization to inspect juvenile case files. By creating new duties for local officials relating to honorable discharges, the bill would impose a state-mandated local program.
Existing law sets forth provisions, inoperable under existing case law, requiring the board to grant an honorable discharge to a paroled person who has proven his or her ability for honorable self-support.
This bill would instead authorize the board to grant an honorable discharge to a person discharged from the division by the board if the person has proven his or her ability to desist from criminal behavior and to initiate a successful transition into adulthood.
Existing law requires that all persons honorably discharged from the control of the division board to thereafter be released from all penalties or disabilities resulting from the offense offenses 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. committed, including, but not limited to, any disqualification for any employment or occupational license, or both.

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 instead specify that the penalties or disabilities include, but are not limited to, those that affect access to education, employment, or occupational licenses. The bill would make conforming changes to related provisions.
Existing law prohibits a person who is under the jurisdiction of the division from being admitted to an examination for a peace officer position within the division unless and until the person has been honorably discharged.
This bill would additionally apply those provisions to a person who is under the jurisdiction of a county probation department.
This bill would also make other conforming changes and technical, nonsubstantive changes to the above provisions.
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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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 Board of Juvenile Hearings shall give him or her honorable discharge.

SEC. 2.Section 1178 of the Welfare and Institutions Code is amended to read:
1178.

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

SECTION 1.

 Section 827 of the Welfare and Institutions Code is amended to read:

827.
 (a) (1) Except as provided in Section 828, a case file may be inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) The minor’s parents or guardian.
(E) The attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor.
(F) The county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action.
(G) The superintendent or designee of the school district where the minor is enrolled or attending school.
(H) Members of the child protective agencies as defined in Section 11165.9 of the Penal Code.
(I) The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000), and Part 5 (commencing with Section 7900) of Division 12, of the Family Code to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance, and out-of-state placements, Section 10850.4, and paragraph (2).
(J) Authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate community care facilities, and to ensure that the standards of care and services provided in those facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facilities are subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and may not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Social Services may not contain the name of the minor.
(K) Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.
(L) A judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the minor, and the following persons, if actively participating in the family law case: a family court mediator assigned to a case involving the minor pursuant to Article 1 (commencing with Section 3160) of Chapter 11 of Part 2 of Division 8 of the Family Code, a court-appointed evaluator or a person conducting a court-connected child custody evaluation, investigation, or assessment pursuant to Section 3111 or 3118 of the Family Code, and counsel appointed for the minor in the family law case pursuant to Section 3150 of the Family Code. Prior to allowing counsel appointed for the minor in the family law case to inspect the file, the court clerk may require counsel to provide a certified copy of the court order appointing him or her as the minor’s counsel.
(M) When acting within the scope of investigative duties of an active case, a statutorily authorized or court-appointed investigator who is conducting an investigation pursuant to Section 7663, 7851, or 9001 of the Family Code, or who is actively participating in a guardianship case involving a minor pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code and acting within the scope of his or her duties in that case.
(N) A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders.
(O) Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members.
(P) Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition.
(Q) A probation officer who is preparing a report pursuant to Section 1178 on behalf of a person who was in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities and who has petitioned the Board of Juvenile Hearings for an honorable discharge.
(2) (A) Notwithstanding any other law and subject to subparagraph (A) of paragraph (3), juvenile case files, except those relating to matters within the jurisdiction of the court pursuant to Section 601 or 602, that pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300, shall be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. Any information relating to another child or which could identify another child, except for information about the deceased, shall be redacted from the juvenile case file prior to release, unless a specific order is made by the juvenile court to the contrary. Except as provided in this paragraph, the presiding judge of the juvenile court may issue an order prohibiting or limiting access to the juvenile case file, or any portion thereof, of a deceased child only upon a showing by a preponderance of evidence that release of the juvenile case file or any portion thereof is detrimental to the safety, protection, or physical or emotional well-being of another child who is directly or indirectly connected to the juvenile case that is the subject of the petition.
(B) This paragraph represents a presumption in favor of the release of documents when a child is deceased unless the statutory reasons for confidentiality are shown to exist.
(C) If a child whose records are sought has died, and documents are sought pursuant to this paragraph, no weighing or balancing of the interests of those other than a child is permitted.
(D) A petition filed under this paragraph shall be served on interested parties by the petitioner, if the petitioner is in possession of their identity and address, and on the custodian of records. Upon receiving a petition, the custodian of records shall serve a copy of the request upon all interested parties that have not been served by the petitioner or on the interested parties served by the petitioner if the custodian of records possesses information, such as a more recent address, indicating that the service by the petitioner may have been ineffective.
(E) The custodian of records shall serve the petition within 10 calendar days of receipt. If any interested party, including the custodian of records, objects to the petition, the party shall file and serve the objection on the petitioning party no later than 15 calendar days after service of the petition.
(F) The petitioning party shall have 10 calendar days to file any reply. The juvenile court shall set the matter for hearing no more than 60 calendar days from the date the petition is served on the custodian of records. The court shall render its decision within 30 days of the hearing. The matter shall be decided solely upon the basis of the petition and supporting exhibits and declarations, if any, the objection and any supporting exhibits or declarations, if any, and the reply and any supporting declarations or exhibits thereto, and argument at hearing. The court may solely upon its own motion order the appearance of witnesses. If no objection is filed to the petition, the court shall review the petition and issue its decision within 10 calendar days of the final day for filing the objection. Any order of the court shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ.
(3) Access to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 shall be limited as follows:
(A) If a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the juvenile case file or any portions thereof shall prevail. Unless a person is listed in subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled to access under the other state law or federal law or regulation without a court order, all those seeking access, pursuant to other authorization, to portions of, or information relating to the contents of, juvenile case files protected under another state law or federal law or regulation, shall petition the juvenile court. The juvenile court may only release the portion of, or information relating to the contents of, juvenile case files protected by another state law or federal law or regulation if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child who is directly or indirectly connected to the juvenile case that is the subject of the petition. This paragraph shall not be construed to limit the ability of the juvenile court to carry out its duties in conducting juvenile court proceedings.
(B) Prior to the release of the juvenile case file or any portion thereof, the court shall afford due process, including a notice of and an opportunity to file an objection to the release of the record or report to all interested parties.
(4) A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving agencies to any persons or agencies, other than those persons or agencies authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court, unless it is used in connection with and in the course of a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court.
(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E), (F), (H), and (I) of paragraph (1) may also receive copies of the case file. In these circumstances, the requirements of paragraph (4) shall continue to apply to the information received.
(b) (1) While the Legislature reaffirms its belief that juvenile court records, in general, should be confidential, it is the intent of the Legislature in enacting this subdivision to provide for a limited exception to juvenile court record confidentiality to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.
(2) (A) Notwithstanding subdivision (a), written notice that a minor enrolled in a public school, kindergarten to grade 12, inclusive, has been found by a court of competent jurisdiction to have committed any felony or any misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense listed in Section 290 of the Penal Code, assault or battery, larceny, vandalism, or graffiti shall be provided by the court, within seven days, to the superintendent of the school district of attendance. Written notice shall include only the offense found to have been committed by the minor and the disposition of the minor’s case. This notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the minor. In addition, the principal shall disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion, to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.
(B) Any information received by a teacher, counselor, or administrator under this subdivision shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, his or her parents or guardians, law enforcement personnel, and the juvenile’s probation officer is necessary to effectuate the juvenile’s rehabilitation or to protect students and staff.
(C) An intentional violation of the confidentiality provisions of this paragraph is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
(3) If a minor is removed from public school as a result of the court’s finding described in subdivision (b), the superintendent shall maintain the information in a confidential file and shall defer transmittal of the information received from the court until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, the parole or probation officer having jurisdiction over the minor shall so notify the superintendent of the last district of attendance, who shall transmit the notice received from the court to the superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor whose record is subject to dissemination pursuant to subdivision (b) shall include on the face sheet the school at which the minor is currently enrolled. The county superintendent shall provide the court with a listing of all of the schools within each school district, within the county, along with the name and mailing address of each district superintendent.
(d) (1) Each notice sent by the court pursuant to subdivision (b) shall be stamped with the instruction: “Unlawful Dissemination Of This Information Is A Misdemeanor.” Any information received from the court shall be kept in a separate confidential file at the school of attendance and shall be transferred to the minor’s subsequent schools of attendance and maintained until the minor graduates from high school, is released from juvenile court jurisdiction, or reaches the age of 18 years, 18 years of age, whichever occurs first. After that time the confidential record shall be destroyed. At any time after the date by which a record required to be destroyed by this section should have been destroyed, the minor or his or her parent or guardian shall have the right to make a written request to the principal of the school that the minor’s school records be reviewed to ensure that the record has been destroyed. Upon completion of any requested review and no later than 30 days after the request for the review was received, the principal or his or her designee shall respond in writing to the written request and either shall confirm that the record has been destroyed or, if the record has not been destroyed, shall explain why destruction has not yet occurred.
(2) Except as provided in paragraph (2) of subdivision (b), no liability shall attach to any person who transmits or fails to transmit any notice or information required under subdivision (b).
(e) For purposes of this section, a “juvenile case file” means a petition filed in any juvenile court proceeding, reports of the probation officer, and all other documents filed in that case or made available to the probation officer in making his or her report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.
(f) The persons described in subparagraphs (A), (E), (F), (H), (K), (L), (M), and (N) of paragraph (1) of subdivision (a) include persons serving in a similar capacity for an Indian tribe, reservation, or tribal court when the case file involves a child who is a member of, or who is eligible for membership in, that tribe.
(g) A case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786 may not be inspected except as specified by Section 781 or 786.

SEC. 2.

 Section 1177 of the Welfare and Institutions Code is repealed.
1177.

When any person so paroled has proved his or her ability for honorable self-support, the Youth Authority Board 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. 3.

 Section 1177 is added to the Welfare and Institutions Code, to read:

1177.
 (a) Pursuant to Section 1178, if a person discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities by the Board of Juvenile Hearings has proven that person’s ability to desist from criminal behavior and to initiate a successful transition into adulthood, the board may grant that person an honorable discharge.
(b) The purposes of an honorable discharge are to recognize and reward youth who have avoided reoffending and have pursued productive and engaged roles as members of society; to remove barriers to a youth’s successful integration into society and to enable the pursuit of greater opportunities; to serve as an incentive for youth to participate in treatment and training while placed in the Division of Juvenile Facilities; to connect youth with resources and opportunities upon their reentry into the community; and to inspire and motivate youth committed to the Division of Juvenile Facilities to plan and pursue a positive life.
(c) When determining whether to grant an honorable discharge to a person who petitions the board pursuant to Section 1178, the board shall consider, but is not limited to, both of the following:
(1) The petitioner’s offense history, if any, while the petitioner was under the jurisdiction of the Division of Juvenile Facilities, or during or after completion of local probation supervision.
(2) Efforts made by the petitioner toward successful community reintegration, including employment history, educational achievements or progress toward obtaining a degree, vocational training, volunteer work, community engagement, positive peer and familial relationships, and any other relevant indicators of successful reentry and rehabilitation.
(d) The board shall promulgate regulations setting forth the criteria for the award of an honorable discharge.
(e) The board shall promote the purposes of an honorable discharge designation and communicate the success of recipients of honorable discharge to youth currently committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(f) The board shall inform youth about the opportunity to earn an honorable discharge at initial case reviews, annual reviews, and discharge consideration hearings.
(g) The board may collaborate with public, private, and nonprofit organizations to assist youth in the fulfillment of the criteria described in subdivision (d) and in the completion of a petition for an honorable discharge.

SEC. 4.

 Section 1178 of the Welfare and Institutions Code is repealed.
1178.

The Youth Authority Board may grant honorable discharge to any person committed to or confined in any such school. The reason for that discharge shall be entered in the records.

SEC. 5.

 Section 1178 is added to the Welfare and Institutions Code, to read:

1178.
 (a) A person previously committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities may petition the Board of Juvenile Hearings for an honorable discharge upon his or her completion of local probation supervision following discharge, but not sooner than 18 months following the date of discharge, by the board.
(b) (1) The county of commitment shall inform youth currently or previously under its supervision, who were previously under the jurisdiction of the division, about the opportunity and process of petitioning the board for an honorable discharge.
(2) The county of commitment shall send a letter regarding the opportunity and process of petitioning the board for an honorable discharge to the last known residence of a person previously under the supervision of the county of commitment.
(c) Upon receiving a petition for an honorable discharge, the board shall request of the county of commitment, and the county of commitment shall provide, a summary report of the petitioner’s performance while on probation.

SEC. 3.SEC. 6.

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

1179.
 (a) Each person honorably discharged from the control of the 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 the person was committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other law. penalties or disabilities that affect access to education, employment, or occupational licenses. However, that person is not eligible for appointment as a peace officer employed by any public agency if his or her that person’s appointment is otherwise prohibited by Section 1029 of the Government Code.
(b) Notwithstanding subdivision (a), a person may be appointed and employed as a peace officer by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if (1) at least five years have passed since his or her that person’s honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she the person 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. A person who is under the jurisdiction of the Division of Juvenile Facilities or a county probation department shall not be admitted to an examination for a peace officer position with the Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the Division of Juvenile Facilities pursuant to subdivision (a). Sections 1177 and 1719.
(c) In the case of a person discharged from the control of granted an honorable discharge, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities by the Board of Juvenile Hearings, upon the final discharge or dismissal of the person, the department shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the committing court by which the person was committed. and the Department of Justice. The court shall thereupon dismiss the accusation and the action pending against that person.

SEC. 4.SEC. 7.

 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, determinations, 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.SEC. 8.

 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 that ward’s 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 the ward’s 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 the minor’s 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 the ward’s 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 do both of the following:
(A) 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.
(B) Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she is not on probation.
(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, 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. Board of Juvenile Hearings, except that the board shall make honorable discharge determinations.
(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 the ward’s revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of his or her the ward’s 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.SEC. 9.

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

1772.
 (a) Subject to subdivision (b), every person honorably discharged by the Board of Juvenile Hearings who has not, during the period of control by the Division of Juvenile Facilities or county probation department, been placed by the 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 by the Board of Juvenile Hearings may petition the court which that 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. penalties or disabilities that affect access to education, employment, or occupational licenses.
(b) Notwithstanding subdivision (a), all of the following shall apply: apply to a person described in subdivision (a) or a person honorably discharged by the Board of Juvenile Hearings:
(1) A person described by subdivision (a) The person shall not be eligible for appointment as a peace officer employed by any public agency if his or her that person’s 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 Corrections and Rehabilitation, Division of Juvenile Facilities if (A) at least five years have passed since his or her the person’s 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 of Juvenile Hearings, or (B) the person was employed as a peace officer by the Division of Juvenile Facilities on or before January 1, 1983. A person who is under the jurisdiction of the Division of Juvenile Facilities or a county probation department shall not be admitted to an examination for a peace officer position with the Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the Board of Juvenile Hearings pursuant to subdivision (a). Sections 1177 and 1719.
(2) A person described by subdivision (a) The person 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) the person 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 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) the person 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 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 after release. who was granted an honorable discharge by the Board of Juvenile Hearings pursuant to Sections 1177 and 1719.

SEC. 10.

 To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.