AB898:v97#DOCUMENTBill Start
Amended
IN
Senate
June 29, 2023
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Amended
IN
Assembly
March 13, 2023
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|
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 898
Introduced by Assembly Member Lackey
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February 14, 2023 |
An act to add Section 874 to the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 898, as amended, Lackey.
Juvenile halls.
Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, as specified. Existing law requires the board to inspect each local detention facility in the state at least biennially, including juvenile halls and similar facilities used for the confinement of any minor, as specified.
This bill would require every juvenile probation department to annually report specified information relating to injuries to juvenile
hall staff and residents resulting that result from an interaction with a resident to the Board of State and Community Corrections, as specified. specified, including a statement or statements from any residents involved. The bill would prohibit those statements from being taken by any custodial staff in a position of power or influence over the resident providing the statement. By imposing new duties on juvenile probation departments to complete this reporting requirement, this bill would impose a state-mandated local program.
The California Constitution requires the
state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 874 is added to the Welfare and Institutions Code, to read:874.
(a) Every juvenile probation department shall annually report to the Board of State and Community Corrections all injuries to juvenile hall staff and residents resulting from an interaction with a resident.(b) For each injury reported, the following information shall be provided:
(1) The age of the resident or residents involved.
(2) The extent of injuries to staff and residents.
(3) Whether the agency filed a report with the district attorney’s office.
(4) Whether the district attorney’s office filed a criminal charge against the resident.
(5) The staffing ratio at the time of the incident.
(6) The location of the incident.
(7) Whether the incident took place in a secure youth treatment facility described in Section 875.
(8) A statement or statements from any residents involved.
(c) The statement required in paragraph (8) of subdivision (b)
shall not be taken by any custodial staff in a position of power or influence over the resident providing the statement.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.