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AB-503 Wards: probation.(2021-2022)

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Date Published: 02/09/2021 09:00 PM
AB503:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 503


Introduced by Assembly Member Stone
(Coauthors: Assembly Members Bauer-Kahan, Chiu, Kalra, and Wicks)

February 09, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 503, as introduced, Stone. Wards: probation.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. When a minor is adjudged to be a ward of the court, as previously described, and is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, existing law authorizes the court to make any and all reasonable orders for the conduct of the ward, and to impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
This bill would limit to 6 months the period of time in which a court may place a ward of the court on probation, except that a court may extend the probation period for a period not to exceed increments of 6 months after a noticed hearing and upon proof by clear and convincing evidence that it is in the ward’s best interest. The bill would require the probation agency to submit a report to the court detailing the basis for any request to extend probation at the noticed hearing and would require that the ward’s attorney be given the opportunity to examine witnesses and present evidence. The bill would additionally require that conditions of probation for a ward be individually tailored, developmentally appropriate, and reasonable.
Existing law authorizes the court, as part of the order adjudging the minor to be a ward of the court, to order the ward to pay restitution, to pay a fine up to $250 for deposit in the county treasury if the court finds the minor has the financial ability to pay, or to participate in an uncompensated work program.
This bill would remove the authority of the court to order the minor to pay the $250 fine or participate in an uncompensated work program in lieu of restitution.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NONO   Local Program: NONO  

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


SECTION 1.

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

602.05.
 (a) A minor adjudged to be a ward of the court pursuant to Section 602 who is supervised by probation in the community shall not be placed on probation for a period that exceeds six months, except as specified in subdivision (b).
(b) A court may extend the probation period for a period not to exceed six months after a noticed hearing and upon proof by clear and convincing evidence that it is in the ward’s best interest.
(1) At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation and the ward’s attorney shall be given the opportunity to examine witnesses and present evidence.
(2) In cases in which the court finds by clear and convincing evidence a basis for extending probation beyond the six-month period, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
(c) This section does not preclude termination of a ward’s probation before the end of a six-month period.

SEC. 2.

 Section 730 of the Welfare and Institutions Code, as added by Section 27 of Chapter 337 of the Statutes of 2020, is amended to read:

730.
 (a) (1) When a minor is adjudged a ward of the court on the ground that they are the minor is a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders:
(A) Order the ward to make restitution, to pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine, or to participate in uncompensated work programs. restitution.
(B) Commit the ward to a sheltered-care facility.
(C) Order that the ward and the ward’s family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward.
(2) A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.
(b) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward including the requirement that the ward go to work and earn money for the support of the ward’s dependents or to effect reparation and in either case that the ward keep an account of the ward’s earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. ward, including conditions of probation that shall meet both of the following requirements:
(1) The conditions are individually tailored, developmentally appropriate, and reasonable.
(2) The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d) When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minor’s criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minor’s likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.

(e)This section shall become operative July 1, 2021.