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SB-284 Juvenile justice: county support of wards. (2019-2020)

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Date Published: 09/06/2019 04:00 AM
SB284:v97#DOCUMENT

Enrolled  September 05, 2019
Passed  IN  Senate  May 02, 2019
Passed  IN  Assembly  September 03, 2019
Amended  IN  Senate  April 09, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 284

Introduced by Senator Beall
(Coauthors: Senators Portantino and Wieckowski)
(Coauthors: Assembly Members Chiu, Gipson, and McCarty)

February 13, 2019

An act to amend Section 912 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


SB 284, Beall. Juvenile justice: county support of wards.
Existing law generally requires a county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, to pay to the state an annual rate of $24,000 while the person remains under the direct supervision of the division or remains cared for and supported at the expense of the division.
This bill would increase that annual rate to $125,000 if the offense on which the commitment is based, had it been filed in a court of criminal jurisdiction at the time of adjudication, had a maximum aggregate sentence of fewer than 7 years or if the offense on which the commitment is based occurred when the person was 15 years of age or younger.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 912 of the Welfare and Institutions Code is amended to read:

912.
 (a) (1) A county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall pay to the state an annual rate of twenty-four thousand dollars ($24,000) while the person remains in an institution under the direct supervision of the division, or in an institution, boarding home, foster home, or other private or public institution in which the person is placed by the division, and cared for and supported at the expense of the division, as provided in this subdivision. This subdivision applies to a person who is committed to the division by a juvenile court on or after July 1, 2012.
(2) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall present to the county, not more frequently than monthly, a claim for the amount due to the state under this subdivision, which the county shall process and pay pursuant to Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code.
(b) A county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, on or after July 1, 2018, shall pay to the state an annual rate of twenty-four thousand dollars ($24,000) for the time the person remains in an institution under the direct supervision of the division, or in an institution, boarding home, foster home, or other private or public institution in which the person is placed by the division, and cared for and supported at the expense of the division, as provided in this subdivision. A county shall not pay the annual rate of twenty-four thousand dollars ($24,000) for a person who is 23 years of age or older. This subdivision applies to a person committed to the division by a juvenile court on or after July 1, 2018.
(c) (1) A county from which a person is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, on or after January 1, 2020, shall pay to the state the following rate for the time the person remains in an institution under the direct supervision of the division, or in an institution, boarding home, foster home, or other private or public institution in which the person is placed by the division, and cared for and supported at the expense of the division, as provided in this subdivision:
(A) If the offense on which the commitment is based, had it been filed in a court of criminal jurisdiction at the time of adjudication, had a maximum aggregate sentence of fewer than seven years, the annual rate is one hundred twenty-five thousand dollars ($125,000).
(B) If the offense on which the commitment is based occurred when the person was 15 years of age or younger, the annual rate is one hundred twenty-five thousand dollars ($125,000).
(C) If the offense on which the commitment is based occurred when the person was 16 years of age or older and, had it been filed in a court of criminal jurisdiction at the time of adjudication, had a maximum aggregate sentence of 7 years or more, the annual rate is twenty-four thousand dollars ($24,000).
(2) This subdivision applies to a person committed to the division by a juvenile court on or after January 1, 2020.
(d) Consistent with Article 1 (commencing with Section 6024) of Chapter 5 of Title 7 of Part 3 of the Penal Code, the Board of State and Community Corrections shall collect and maintain available information and data about the movement of juvenile offenders committed by a juvenile court and placed in an institution, boarding home, foster home, or other private or public institution in which they are cared for, supervised, or both, by the division or the county while they are on parole, probation, or otherwise.