Today's Law As Amended


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AB-1397 Corrections: fines and forfeitures, inspections of correctional facilities, and Violent Weapons Suppression Program.(1995-1996)



As Amends the Law Today


SECTION 1.

 Section 1463.007 of the Penal Code is amended to read:

1463.007.
 (a)  Notwithstanding any other provision of  law, a any  county or court that operates  implements or has implemented  a comprehensive collection program may deduct the costs  program to identify and collect fines and forfeitures which have not been paid after 60 days from the date on which they were due and payable, with or without warrant having been issued against the alleged violator, and for which the base fine excluding state and county penalties is at least one hundred dollars ($100), may deduct and deposit in the county treasury the cost  of operating that program, excluding capital expenditures, from any revenues collected under that program. The costs shall be deducted before  thereby prior to making  any distribution of revenues to other governmental entities required by any other law. A county or court operating  provision of law. This section does not apply to a defendant who is paying a fine or forfeiture through time payments, unless he or she is delinquent in making payments according to the agreed-upon payment schedule. For purposes of this section,  a comprehensive collection program may establish a minimum base fee, fine, forfeiture, penalty, or assessment amount for inclusion in the program. is a separate and distinct revenue collection activity and shall include at least 10 of the following components: 
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program. Debt is delinquent and subject to collection by a comprehensive collection program if any of the following conditions is met:
(1) A defendant does not post bail or appear on or before the date on which the defendant promised to appear, or any lawful continuance of that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or before the date ordered by the court, or any lawful continuance of that date.
(3) A defendant has failed to make an installment payment on the date specified by the court.
(c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria:
(1) (a)  The   program identifies and collects amounts arising from delinquent court-ordered debt, whether or not a warrant has been issued against the alleged violator. Monthly bill statements to all debtors.  
(2) The program complies with the requirements of subdivision (b) of Section 1463.010.
(3) The program engages in each of the following activities:
(A) (b)   Attempts telephone  Telephone  contact with delinquent debtors for whom the program has a telephone number to inform to apprise  them of their delinquent status and payment options. failure to meet payment obligations.  
(B) (c)  Notifies   delinquent debtors for whom the program has an address in writing of their outstanding obligation within 95 days of delinquency. Issuance of warning letters to advise delinquent debtors of an outstanding obligation.  
(C) (d)   Generates internal monthly reports to track collections data, such as age of debt and delinquent amounts outstanding. Requests for credit reports to assist in locating delinquent debtors.  
(e)  Access to Employment Development Department employment and wage information.
(f)  The generation of monthly delinquent reports.
(g)  Participation in the Franchise Tax Board’s tax intercept program.
(D) (h)   Uses  The use of  Department of Motor Vehicles Vehicle  information to locate delinquent debtors.  
(E) Accepts payment of delinquent debt by credit card.
(4) (i)   The program engages in at least five of the following activities: use of wage and bank account garnishments.  
(A) (j)   Sends delinquent debt to the Franchise Tax Board’s Court-Ordered Debt Collections Program. The imposition of liens on real property and proceeds from the sale of real property held by a title company.  
(B) Sends delinquent debt to the Franchise Tax Board’s Interagency Intercept Collections Program.
(C) Initiates driver’s license suspension or hold actions when appropriate for a failure to appear in court.
(D) (k)  Contracts   with one or more private debt collectors to collect delinquent debt. The filing of objections to the inclusion of outstanding fines and forfeitures in bankruptcy proceedings.  
(E) Sends monthly bills or account statements to all delinquent debtors.
(F) Contracts with local, regional, state, or national skip tracing or locator resources or services to locate delinquent debtors.
(G) (  l)   Coordinates Coordination  with the probation department to locate debtors who may be on formal or informal probation.  
(H) Uses Employment Development Department employment and wage information to collect delinquent debt.
(I) (m)   Establishes wage and bank account garnishments  The initiation of drivers’ license suspension actions  where appropriate.  
(J) Places liens on real property owned by delinquent debtors when appropriate.
(K) (n)  Uses   an automated dialer or automatic call distribution system to manage telephone calls. The capability to accept credit card payments.  
(d)  A comprehensive collection program shall also administer nondelinquent installment payment plans ordered pursuant to Section 68645.2 of the Government Code, and may recover up to and including thirty-five dollars ($35) per nondelinquent installment plan. plan shall also include a provision that the county shall share any debt collection information acquired with state agencies entitled to proceeds of restitution fines and orders. 
Any county that exercises the authority granted in this section for the purpose of enhancing its revenue collections shall file an annual report of its activities with the Legislature.
This section shall be repealed on June 30, 1997, unless a later enacted statute, which is enacted before June 30, 1997, deletes or extends that date.

SEC. 2.

 Section 207 of the Welfare and Institutions Code is amended to read:

207.
 (a)   A No  minor shall not  be detained in any jail, lockup, juvenile hall, or other secure facility if the minor  who  is taken into custody solely upon the ground that the minor  he or she  is a person described by Section 213.3, or described by Section  601 or adjudged to be such or made a ward of the juvenile court solely upon that ground, except as provided in subdivision (b). If any such minor, other than a minor described in subdivision (b), is detained, the minor  he or she  shall be detained in a sheltered-care facility or crisis resolution home as provided for in Section 654, or in a nonsecure facility provided for in subdivision (a), (b), (c), or (d) of Section 727.  
(b)   A minor taken into custody upon the ground that the minor  he or she  is a person described in Section 601, or adjudged to be a ward of the juvenile court solely upon that ground, may be held in a secure facility, other than a facility in which adults are held in secure custody, in any of the following circumstances:  
(1)   For up to 12 hours after having been taken into custody for the purpose of determining if there are any outstanding wants, warrants, or holds against the minor in cases where the arresting officer or probation officer has cause to believe that the wants, warrants, or holds exist.  
(2)   For up to 24 hours after having been taken into custody, in order to locate the minor’s parent or guardian as soon as possible and to arrange the return of the minor to the minor’s parent or guardian, with the exception of an out-of-state runaway who is being held pursuant to the Interstate Compact for Juveniles. his or her parent or guardian.  
(3)  For up to 24 hours after having been taken into custody, in order to locate the minor’s parent or guardian as soon as possible and to arrange the return of the minor to his or her parent or guardian, whose parent or guardian is a resident outside of the state wherein the minor was taken into custody, except that the period may be extended to no more than 72 hours when the return of the minor cannot reasonably be accomplished within 24 hours due to the distance of the parents or guardian from the county of custody, difficulty in locating the parents or guardian, or difficulty in locating resources necessary to provide for the return of the minor.
(c)   Any minor detained in juvenile hall pursuant to subdivision (b) shall may  not be permitted to come or remain in contact with any person detained on the basis that the minor  he or she  has been taken into custody upon the ground that the minor  he or she  is a person described in Section 602 or adjudged to be such or made a ward of the juvenile court upon that ground.  
(d)   Minors detained in juvenile hall pursuant to Sections 601 and 602 may be held in the same facility provided they are not permitted to come or remain in contact within that facility.  
(e)   Every county shall keep a record of each minor detained under subdivision (b), the place and length of time of the detention, and the reasons why the detention was necessary. Every county shall report this information to the Board of State and Community  Corrections on a monthly basis, on forms to be provided by that agency.  
The board shall not disclose the name of the detainee, or any personally identifying information contained in reports sent to the Division of Juvenile Justice  Youth Authority  under this subdivision.

SEC. 3.

 Section 207.1 of the Welfare and Institutions Code is amended to read:

207.1.
 (a)   A No  court, judge, referee, peace officer, or employee of a detention facility shall not  knowingly detain any minor in a jail or lockup, unless otherwise permitted by any other law. except as provided in subdivision (b) or (d).  
(b)  Any minor who is alleged to have committed an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707 whose case is transferred to a court of criminal jurisdiction pursuant to Section 707.1 after a finding is made that he or she is not a fit and proper subject to be dealt with under the juvenile court law, or any minor who has been charged directly in or transferred to a court of criminal jurisdiction pursuant to Section 707.01, may be detained in a jail or other secure facility for the confinement of adults, if all of the following conditions are met:
(1)  The juvenile court or the court of criminal jurisdiction makes a finding that the minor’s further detention in the juvenile hall would endanger the safety of the public or would be detrimental to the other minors in the juvenile hall.
(2)  Contact between the minor and adults in the facility is restricted in accordance with Section 208.
(3)  The minor is adequately supervised.
(c)  A minor who is either found not to be a fit and proper subject to be dealt with under the juvenile court law or who will be transferred to a court of criminal jurisdiction pursuant to Section 707.01, at the time of transfer to a court of criminal jurisdiction or at the conclusion of the fitness hearing, as the case may be, shall be entitled to be released on bail or on his or her own recognizance upon the same circumstances, terms, and conditions as an adult who is alleged to have committed the same offense.
(b) (d)   (1)  A minor 14 years of age or older who is taken into temporary custody by a peace officer on the basis of being a person described by Section 602, and who, in the reasonable belief of the peace officer, presents a serious security risk of harm to self or others, may be securely detained in a law enforcement facility that contains a lockup for adults, if all of the following conditions are met:  
(A) (1)   The minor is held in temporary custody for the purpose of investigating the case, facilitating release of the minor to a parent or guardian, or arranging transfer of the minor to an appropriate juvenile facility.  
(B) (2)   The minor is detained in the law enforcement facility for a period that does not exceed six hours except as provided in subdivision (d). (g).  
(C) (3)   The minor is informed at the time the minor  he or she  is securely detained of the purpose of the secure detention, of the length of time the secure detention is expected to last, and of the maximum six-hour period the secure detention is authorized to last. In the event an extension is granted pursuant to subdivision (d), (g),  the minor shall be informed of the length of time the extension is expected to last.  
(D) (4)   Contact between the minor and adults confined in the facility is restricted in accordance with Section 208.  
(E) (5)   The minor is adequately supervised.  
(F) (6)   A log or other written record is maintained by the law enforcement agency showing the offense that which  is the basis for the secure detention of the minor in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained.  
(2)  Any other minor, other than a minor to which paragraph (1) applies,  minor  who is taken into temporary custody by a peace officer on the basis that the minor is a person described by Section 602 602,  may be taken to a law enforcement facility that contains a lockup for adults and may be held in temporary custody in the facility for the purposes of investigating the case, facilitating the release of the minor to a parent or guardian, or arranging for the transfer of the minor to an appropriate juvenile facility. While  However, while  in the law enforcement facility, the minor may not be securely detained and shall be supervised in a manner so as to ensure that there will be no contact with adults in custody in the facility. If the minor is held in temporary, nonsecure custody within the facility, the peace officer shall exercise one of the dispositional options authorized by Sections 626 and 626.5 without unnecessary delay and, in every case, within six hours.
(3)  “Law enforcement facility,” as used in this subdivision, includes a police station or a sheriff’s station, but does not include a jail, as defined in subdivision (g). (i). 
(c) (e)   The Board of State and Community  Corrections shall assist law enforcement agencies, probation departments, and courts with the implementation of this section by doing all of the following:  
(1)   The board shall advise each law enforcement agency, probation department, and court affected by this section as to its existence and effect.  
(2)   The board shall make available and, upon request, shall provide, provide  technical assistance to each governmental agency that reported the confinement of a minor in a jail or lockup in calendar year 1984 or 1985. The purpose of this technical assistance is to develop alternatives to the use of jails or lockups for the confinement of minors. These alternatives may include secure or nonsecure facilities located apart from an existing jail or lockup, lockup;  improved transportation or access to juvenile halls or other juvenile facilities, facilities;  and other programmatic alternatives recommended by the board. The technical assistance shall take any form the board deems appropriate for effective compliance with this section.  
(f)  The Board of Corrections may exempt a county that does not have a juvenile hall, or may exempt an offshore law enforcement facility, from compliance with this section for a reasonable period of time, until December 1, 1992, for the purpose of allowing the county or the facility to develop alternatives to the use of jails and lockups for the confinement of minors, if all of the following conditions are met:
(1)  The county or the facility submits a written request to the board for an extension of time to comply with this section.
(2)  The board agrees to make available, and the county or the facility agrees to accept, technical assistance to develop alternatives to the use of jails and lockups for the confinement of minors during the period of the extension.
(3)  The county or the facility requesting the extension submits to the board a written plan for full compliance with this section by September 1, 1987.
(d) (g)   (1)   (A)  Under the limited conditions of inclement weather, acts of God, or natural disasters that result in the temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision(b)  subdivision (d)  may be granted to a county by the Board of Corrections. The extension extensions  may only  be granted only  by the board, board  on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall not exceed the duration of the special conditions, plus a period reasonably necessary to accomplish transportation of the minor to a suitable juvenile facility, not to exceed six hours after the restoration of available transportation.  
(B)  A county that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (b). (d).  The county also shall provide a written report to the board that specifies when the inclement weather, act of God, or natural disaster ceased to exist, when transportation availability was restored, and when the minor was delivered to a suitable juvenile facility. If the  In the event that the  minor was detained in excess of 24 hours, the board shall verify the information contained in the report.
(2)   Under the limited condition of temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision(b)  subdivision (d)  may be granted by the board to an offshore law enforcement facility. The extension may be granted only by the board, board  on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall extend only until the next available mode of transportation can be arranged.  
An offshore law enforcement facility that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (b). (d).  The facility also shall provide a written report to the board that specifies when the next mode of transportation became available, and when the minor was delivered to a suitable juvenile facility. If the  In the event that the  minor was detained in excess of 24 hours, the board shall verify the information contained in the report.
(3)   At least last  annually, the board shall review and report on extensions sought and granted under this subdivision. If, upon that review, the board determines that a county has sought one or more extensions resulting in the excessive confinement of minors in adult facilities, or that a county is engaged in a pattern and practice of seeking extensions, it shall require the county to submit a detailed explanation of the reasons for the extensions sought and an assessment of the need for a conveniently located and suitable juvenile facility. Upon receiving this information, the board shall make available, and the county shall accept, technical assistance for the purpose of developing suitable alternatives to the confinement of minors in adult lockups. Based upon the information provided by the county, the board also may place limits on, or refuse to grant, future extensions requested by the county under this subdivision.  
(e) (h)   Any county that did not have a juvenile hall on January 1, 1987, may establish a special purpose juvenile hall, as defined by the Board of Corrections, for the detention of minors for a period not to exceed 96 hours. Any county that had a juvenile hall on January 1, 1987, also may establish, in addition to the juvenile hall, a special purpose juvenile hall. The board shall prescribe minimum standards for that type of facility. any such facility.  
(f) No part of a building or a building complex that contains a jail may be converted or utilized as a secure juvenile facility unless all of the following criteria are met:
(1) The juvenile facility is physically, or architecturally, separate and apart from the jail or lockup such that there could be no contact between juveniles and incarcerated adults.
(2) Sharing of nonresidential program areas only occurs where there are written policies and procedures that assure that there is time-phased use of those areas that prevents contact between juveniles and incarcerated adults.
(3) The juvenile facility has a dedicated and separate staff from the jail or lockup, including management, security, and direct care staff. Staff who provide specialized services such as food, laundry, maintenance, engineering, or medical services, who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults, may serve both populations.
(4) The juvenile facility complies with all applicable state and local statutory, licensing, and regulatory requirements for juvenile facilities of its type.
(g) (i)   (1)   “Jail,” as used in this chapter, means any building that contains  a locked facility administered by a law enforcement or governmental agency, the purpose of which is to detain adults who have been charged with violations of criminal law and are pending trial, or to hold convicted adult criminal offenders sentenced for less than one year.  
(2)   “Lockup,” as used in this chapter, means any locked room or secure enclosure under the control of a sheriff or other peace officer that which  is primarily for the temporary confinement of adults upon arrest.  
(3)   “Offshore law enforcement facility,” as used in this section, means a sheriff’s station containing a lockup for adults that is located on an island located at least 22 miles from the California coastline.  
(h) (j)   This  Nothing in this  section shall not  be deemed to prevent a peace officer or employee of an adult detention facility or jail from escorting a minor into the detention facility or jail for the purpose of administering an evaluation, test, or chemical test pursuant to Section 23157 of the Vehicle Code, if all of the following conditions are met:  
(1)   The minor is taken into custody by a peace officer on the basis of being a person described by Section 602 and there is no equipment for the administration of the evaluation, test, or chemical test located at a juvenile facility within a reasonable distance of the point where the minor was taken into custody.  
(2)   The minor is not locked in a cell or room within the adult detention facility or jail, is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail, and is not permitted to come in contact or remain in contact with in-custody adults.  
(3)   The evaluation, test, or chemical test administered pursuant to Section 23157 of the Vehicle Code is performed as expeditiously as possible, so that the minor is not delayed unnecessarily within the adult detention facility or jail. Upon completion of the evaluation, test, or chemical test, the minor shall be removed from the detention facility or jail as soon as reasonably possible. A No  minor shall not  be held in custody in an adult detention facility or jail under the authority of this paragraph in excess of two hours.  

SEC. 4.

 Section 208.1 of the Welfare and Institutions Code is amended to read:

208.1.
 (a)   A county or city youth residential placement or detention center shall provide persons in their custody with accessible, functional voice communication services free of charge to the person initiating and the person receiving the communication. It is the intent of the Legislature that counties lacking adequate secure juvenile facilities should develop additional facilities rather than using the county jail or another adult facility to confine minors considered to be security risks pending criminal court proceedings for violent felonies. Therefore, counties are encouraged to establish local or regional secure juvenile facilities or to contract with other counties to confine minors charged with serious and violent crimes who are considered too dangerous for presently available juvenile facilities. This section is intended to provide interim relief, pending the development of additional secure juvenile confinement capacity, by authorizing the confinement of certain minors in adult facilities under controlled conditions, notwithstanding the provisions of Section 208.  
(b)  A minor 16 years of age or older who is alleged to have committed any violent felony as defined in subdivision (c) of Section 667.5 of the Penal Code or any offense proscribed by subdivision (b) of Section 871 and whose case has been transferred to the jurisdiction of the criminal court under the authority of Section 707.1 may be delivered into the custody of the sheriff and may be detained in a jail or other secure facility for the confinement of adults under the conditions described in subdivision (c) if all of the following requirements are met:
(1)  During or after the fitness hearing, the juvenile court judge finds the following:
(A)  The minor’s further detention in the juvenile hall endangers the public, the staff, or other minors in the juvenile hall.
(B)  The minor will receive adequate care and protection in the jail or adult facility.
(C)  No other juvenile facility, including a facility in a nearby county or a Youth Authority facility, is available, suitable, or feasible given all of the circumstances.
(2)  The judge notes on the record and in the order of transfer that the minor is transferred pursuant to this section and that the minor may be detained by the sheriff in an adult facility, as provided in subdivision (c).
(3)  The order transferring the minor to the custody of the sheriff under this section is periodically reviewed by the juvenile court in accordance with the provisions of subdivision (d).
(4)  The sheriff has agreed, on a case-by-case basis, to accept transfer of the minor to a jail or secure facility under his or her control.
(c)  A minor delivered to the custody of the sheriff under this section may be allowed to come or remain in contact with adults in the jail or secure adult facility, if all of the following requirements are met:
(1)  No minor transferred to the custody of the sheriff under this section may be placed in the same cell with an adult prisoner unless no other cell or living arrangement within the jail or secure adult facility is available.
(2)  The sheriff accepting the transfer of the minor shall provide for the protection of the minor within the jail or secure adult facility in accordance with a written classification procedure that takes into account the age, maturity, and potential vulnerability of minors who may come into contact with adults within the facility.
(3)  If a minor is placed in the same cell with an adult, the minor shall be supervised in a manner that assures his or her safety and protection from physical or sexual assault or other predatory behavior by any adult within the facility. Supervision shall include personal and continuous visual observation of the minor when necessary to provide for the minor’s safety and protection.
(b) (d)   A county or city agency shall not receive revenue from the provision of voice communication services or any other communication services to any person confined in a county or city youth residential placement or detention center. In any case in which a minor has been transferred to the custody of the sheriff under this section, the juvenile court shall retain jurisdiction for the purpose of periodic review of the order of transfer of custody to the sheriff. The juvenile court shall periodically, but not less frequently than every 45 days, review the order of transfer of custody. At any review, the judge shall consider information that may be provided by the probation officer, the sheriff, the minor, or the minor’s attorney, as well as other information deemed relevant by the judge, on the issue of the appropriateness of the minor’s continued confinement in the jail or adult facility. The minor shall be returned to a juvenile facility unless the judge determines, based on the review, that there is good cause to continue the confinement of the minor in the adult jail or secure adult facility under the conditions described in subdivision (c). Either the minor, personally or by counsel, or the sheriff shall be entitled to have a review conducted in the form of a hearing at which he or she may present evidence on the issue of whether the jail or secure adult facility is an appropriate place for the continued confinement of the minor under the conditions described in subdivision (c).  
(e)  No minor shall be transferred to a jail or secure adult facility under this section due to a lack of adequate staff at the juvenile facility. For purposes of this subdivision, “adequate staff” means compliance with staffing ratios established by the Board of Corrections.
(f)  Detention in a jail or other secure adult facility as authorized by this section shall not occur prior to the filing of a criminal complaint.
(g)  A sheriff who controls a jail or adult facility to which a minor is transferred under this section shall report to the Board of Corrections any injury, sexual assault, or death that occurs to the minor within the jail or adult facility, including self-inflicted injury or suicide. The report shall describe the injury, sexual assault, or death and the surrounding circumstances and shall be made in writing to the Board of Corrections within 10 days of the occurrence of the injury, assault, or death.
(h)  This section shall remain in effect only until January 1, 1998, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1998, deletes or extends that date.

SEC. 5.

 Section 210 of the Welfare and Institutions Code is amended to read:

210.
 The Board of Corrections shall adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors.
Any violation of such standards shall render a juvenile hall unsuitable for the confinement of minors for purposes of Section 209.

SEC. 6.

 Section 210.1 of the Welfare and Institutions Code is amended to read:

210.1.
 The Board of Corrections shall develop guidelines for the operation and maintenance of nonsecure placement facilities for persons alleged or found to be persons coming within the terms of Section 601 or 602.

SEC. 7.

 Section 210.2 of the Welfare and Institutions Code is amended to read:

210.2.
 (a)   The Board of Corrections shall adopt regulations establishing standards for law enforcement facilities which contain lockups for adults and which are used for the temporary, secure detention of minors upon arrest under subdivision (b) (d)  of Section 207.1. The standards shall identify appropriate conditions of confinement for minors in law enforcement facilities, including standards for places within a police station or sheriff’s station where minors may be securely detained; standards regulating contact between minors and adults in custody in lockup, booking, or common areas; standards for the supervision of minors securely detained in these facilities; and any other related standard as the board deems appropriate to effectuate compliance with subdivision (b) (d)  of Section 207.1.  
(b)   Every person in charge of a law enforcement facility which contains a lockup for adults and which is used in any calendar year for the secure detention of any minor shall certify annually that the facility is in conformity with the regulations adopted by the board under subdivision (a). The certification shall be endorsed by the sheriff or chief of police of the jurisdiction in which the facility is located and shall be forwarded to and maintained by the board. The board may provide forms and instructions to local jurisdictions to facilitate compliance with this requirement.  

SEC. 8.

 Section 229 of the Welfare and Institutions Code is amended to read:

229.
 It shall be the duty of a juvenile justice commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect such institutions no less frequently than once a year, and may hold hearings. A judge of the juvenile court shall have the power to issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission.
A juvenile justice commission shall annually inspect any jail or lockup within the county which in the preceding calendar year was used for confinement for more than 24 hours of any minor. It shall report the results of such inspection together with its recommendations based thereon, in writing, to the juvenile court and to the Board of Corrections.

SEC. 9.

 Section 727.1 of the Welfare and Institutions Code is amended to read:

727.1.
 (a) If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family-like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parent’s home, consistent with the selection of the environment best suited to meet the minor’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code. In an Indian child custody proceeding, the selection shall comply with the placement preferences set forth in Section 361.31.
(b) (a)   Unless otherwise authorized by law, the court shall may  not order the placement of a minor who is adjudged a ward of the court on the basis that the ward  he or she  is a person described by either Section 601 or 602 in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code,  a private residential facility or program that provides 24-hour supervision, outside of the state,  unless the court finds, in its order of placement and based on evidence presented by the county probation department, that all placement, that both  of the following conditions are met:  
(1) The out-of-state residential facility is licensed or certified for the placement of children by an agency of the state in which the ward will be placed.
(2) The out-of-state residential facility has been certified by the State Department of Social Services or is exempt from that certification, pursuant to Section 7911.1 of the Family Code.
(3) On and after July 1, 2021, the county probation department has fulfilled its responsibilities as set forth in Sections 4096 and 16010.9.
(4) (1)  The   court has reviewed the documentation of any required assessment, technical assistance efforts, or recommendations and finds that in-state  In-state  facilities or programs are  have been determined to be  unavailable or inadequate to meet the needs of the ward. minor.  
(c) (2)  If,   upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state  The out-of-state residential  facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minor’s removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services’ Compact Administrator, and, within five working days, submit a written report of the findings and actions taken. licensed for the placement of minors by an agency of the state or states in which the minor will be placed or operates under and is inspected pursuant to standards comparable to those developed by the Board of Corrections for similar facilities or programs.  
(d) (b)   The court shall review each of these placements for compliance with the requirements of subdivision (b) (a)  at least once every six months. a year.  
(e) The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential therapeutic program, unless the conditions of subdivisions (b) and (d) are met.
(f) Notwithstanding any other law, on and after July 1, 2022, the court shall not order or approve any new placement of a minor by a county probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(g) Notwithstanding any other law, the court shall order any minor placed out of state by a county probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, to be returned to California no later than January 1, 2023, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.

SEC. 10.

 Section 872 of the Welfare and Institutions Code is amended to read:

872.
 Where there is no juvenile hall in the county of residence of minors, or when the juvenile hall becomes unfit or unsafe for detention of minors, the presiding or sole juvenile court judge may, with the recommendation of the probation officer of the sending county and the consent of the probation officer of the receiving county, by written order filed with the clerk of the court,  county clerk,  designate the juvenile hall of any county in the state for the detention of an individual minor for a period  not to exceed 60 days. The court may, at any time, modify or vacate the order and shall require notice of the transfer to be given to the parent or guardian. The county of residence of a minor so transferred shall reimburse the receiving county for costs and liability as agreed upon by the two counties in connection with the order.
As used in this section, the terms “unfit” and “unsafe” shall include a condition in which a juvenile hall is considered by the juvenile court judge, the probation officer of that county, or the Board of State and Community  Corrections to be too crowded for the proper and safe detention of minors.

SEC. 11.

 Section 885 of the Welfare and Institutions Code, as added by Section 31 of Chapter 695 of the Statutes of 1992, is amended to read:

885.
 (a)   The Board of State and Community  Corrections shall adopt and prescribe the minimum standards of construction, operation, programs of education and training, and qualifications of personnel for juvenile homes,  ranches, camps, or forestry camps established under Section 881. camps.  
(b)   The Board of State and Community Corrections shall conduct a biennial board shall conduct an annual  inspection of each juvenile home,  ranch, camp, or forestry camp situated in this state in accordance with Section 209 that,  which,  during the preceding calendar year, was used for confinement of any minor for more than 24 hours. If the board, after that inspection, finds that the juvenile home, ranch, camp, or forestry camp is not in compliance with the standards adopted pursuant to subdivision (a) of this section, the board shall give notice of its findings to all persons having authority to confine minors in these facilities and commencing 60 days thereafter the juvenile home, ranch, camp, or forestry camp shall not be used for confinement of any minor until a time that the board finds, after reinspection of the facility, that the conditions which rendered the facility unsuitable have been remedied, and the facility is a suitable place for the confinement of minors.  
(c)   The custodian of each juvenile home,  ranch, camp, or forestry camp shall make any reports that may be required by the board to effectuate the purposes of this section.  
(d)  This section shall become operative on July 1, 1995.

SEC. 12.

 Section 885 of the Welfare and Institutions Code, as added by Section 7 of Chapter 304 of the Statutes of 1995, is amended to read:

885.
 (a)   The Board of State and Community  Corrections shall adopt and prescribe the minimum standards of construction, operation, programs of education and training, and qualifications of personnel for juvenile homes,  ranches, camps, or forestry camps established under Section 881.  
(b) The   Board of State and Community Corrections shall conduct a biennial inspection of each juvenile  Every person in charge of a juvenile home,  ranch, camp, or forestry camp situated in this state in accordance with Section 209 that, during that, in  the preceding calendar year, was used for confinement of any minor  confinement,  for more than 24 hours. hours, of any minor, shall certify annually to the board that the facility is in conformity with the regulations adopted by the board under subdivision (a). The board may provide forms and instructions to local jurisdictions to facilitate compliance with this subdivision.  
(c)   The custodian of each juvenile home,  ranch, camp, or forestry camp shall make any reports that may be required by the board to effectuate the purposes of this section.  

SEC. 13.

 Section 886.5 of the Welfare and Institutions Code is amended to read:

886.5.
 (a) Notwithstanding  A   Section 886, a  juvenile home, ranch, camp, or forestry camp may receive or contain a maximum of 125 children at any one time if the county has determined that there is a consistent need for juvenile home, ranch, camp, or forestry camp placements which exceeds the beds available in the county. Any county desiring to expand the capacity of a juvenile home, ranch, camp, or forestry camp pursuant to this section shall certify to the Board of Corrections that the facility to be expanded will continue to meet the minimum standards adopted and prescribed pursuant to Section 885 during the period of expanded capacity. The board may provide forms and instructions to local jurisdictions to facilitate compliance with this section. 
(b) (1) The Legislature reaffirms its belief that juvenile ranches, camps, forestry camps, and other residential treatment facilities should be small enough to provide individualized guidance and treatment for juvenile offenders which enables them to return to their families and communities as productive and law abiding citizens. Consistent with this principle and upon demonstration of exceptional need, a juvenile ranch, camp, or forestry camp may receive or contain a maximum population in excess of 125 children at any one time if the Board of Corrections has approved that expanded capacity pursuant to the following procedure:
(A) The county shall submit an application to the Board of Corrections, endorsed by the board of supervisors, identifying the capacity requested and the reasons why the additional capacity is needed. The application shall include the county’s plan to ensure that the facility will, with the additional capacity, comply with applicable minimum standards and maintain adequate levels of onsite staffing, program, and other services for children in the facility.
(B) The Board of Corrections shall review any application received under this subdivision and shall approve or deny the application based on a determination whether the county has demonstrated its ability to comply with minimum standards and maintain adequate staffing, program, and service levels for children in the expanded facility. In its review, the board shall consider any public comment that may be submitted while the application is pending. The board may approve an application with conditions, including a capacity below the requested number, remodeling or expansion of units or living quarters, staffing ratios in excess of those required by minimum standards, or other adjustments of program or procedure deemed appropriate by the board for a facility operating with a capacity in excess of 125 children. The board shall ensure that the staffing, program, and service levels are increased commensurate with the increased risks to residents and the staff that are a result of the expanded capacity.
(2) Notwithstanding the inspection schedule set forth in Section 885, the board shall conduct an annual inspection of any facility whose application for expanded capacity under this subdivision is approved. The approval to operate at a capacity above 125 children shall terminate, and the facility shall not thereafter receive or contain more than 125 children, if the board determines after any annual inspection that the facility is not in compliance with minimum standards, that program, staffing, or service levels for children in the expanded facility have not been maintained, or that the county has failed substantially to comply with a condition that was attached to the board’s approval of the expanded capacity.
(c) The board may provide forms and instructions to local jurisdictions to facilitate compliance with this section.

SEC. 14.

 Section 896 of the Welfare and Institutions Code is amended to read:

896.
 (a)   The Board of State and Community  Corrections shall establish minimum performance standards for programs of education and training and for qualifications of personnel for all youth educational facilities in the program, including local continuation and intensive supervision components. These standards and qualifications shall be designed to achieve program goals such as an increase in the educational level of participants, better community protection and offender accountability, and preparation of participants to return to the community as responsible and productive members.  
(b)   Every person in charge of a regional youth educational facility, which, in the preceding calendar year, was used for confinement, for more than 24 hours, of any minor, shall certify annually to the board that the facility is in conformity with the standards adopted by the board under subdivision (a). The board may provide forms and instructions to local jurisdictions to facilitate compliance with this subdivision.  
(c)   The custodian of each regional youth educational facility shall make any reports as may be required by the board to effectuate the purposes of this section.  

SEC. 15.

 Section 1857 of the Welfare and Institutions Code is amended to read:

1857.
 The Board of Corrections shall adopt and prescribe the minimum standards of construction, operation, programs of education or rehabilitative training or treatment, and qualifications of personnel for youth correctional centers established pursuant to this article. No county establishing or conducting such a youth correctional center shall be entitled to receive any state funds provided for in this article unless and until the minimum standards and qualifications referred to in this section are complied with by such county.
SEC. 16.
 The sum of one million two hundred thousand dollars ($1,200,000) is hereby appropriated from the General Fund to the Department of Justice, Bureau of Narcotics Enforcement, in augmentation of Item 0820-001-001 of the Budget Act of 1995 for support of the Violent Weapons Suppression Program.
SEC. 17.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to realize necessary cost savings and to expeditiously and efficiently implement the Budget Act of 1995 with respect to the juvenile justice system of this state, it is necessary that this act take effect immediately.