BILL NUMBER: SB 314 CHAPTERED 10/04/01 CHAPTER 468 FILED WITH SECRETARY OF STATE OCTOBER 4,2001 PASSED THE SENATE SEPTEMBER 6, 2001 PASSED THE ASSEMBLY SEPTEMBER 4, 2001 AMENDED IN ASSEMBLY JULY 19, 2001 AMENDED IN ASSEMBLY JULY 3, 2001 AMENDED IN SENATE JUNE 5, 2001 AMENDED IN SENATE APRIL 30, 2001 INTRODUCED BY Senator Alpert (Coauthor: Senator Polanco) FEBRUARY 20, 2001 An act to amend Sections 13010.5 and 13012 of, and to add Section 13012.5 to, the Penal Code, relating to criminal statistics, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. (Approved by Governor October 3, 2001. Filed with Secretary of State October 4, 2001.) I am signing Senate Bill 314, however, I am vetoing Section 4 of the bill which would appropriate $75,000 from the Controller for disbursement to the Department of Justice in order to implement the provisions of this bill. I believe that the inclusion of statistical data related to minors who are subject to the jurisdiction of an adult criminal court in the Department of Justice's annual report would be beneficial in order to assess the public safety impact and fiscal consequences of trying minors as adults. However, due to the economic situation facing the State, the Department of Justice should fund the implementation of this bill through the $350,000 of federal funding that is available from the Office of Criminal Justice Planning and through existing resources of the Department. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST SB 314, Alpert. Criminal statistics. Existing law requires the Department of Justice to present a report to the Governor annually containing the criminal statistics of the preceding year, as specified. Existing law also requires the Department of Justice to collect data pertaining to the juvenile justice system. This bill would require the report to contain statistics on the administrative actions taken by various branches of law enforcement and the criminal justice system in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court, as specified, beginning with the report due on July 1, 2003. This bill would also require that the data collected serve to assist the department in making this report. This bill would appropriate the sum of $75,000 from the General Fund to the Controller for disbursement to the Department of Justice for the purpose of these provisions. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13010.5 of the Penal Code is amended to read: 13010.5. The department shall collect data pertaining to the juvenile justice system for statistical purposes. This information shall serve to assist the department in complying with the reporting requirement of subdivisions (c) and (d) of Section 13012, measuring the extent of juvenile delinquency, determining the need for and effectiveness of relevant legislation, and identifying long-term trends in juvenile delinquency. SEC. 2. Section 13012 of the Penal Code is amended to read: 13012. The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following: (a) The amount and the types of offenses known to the public authorities. (b) The personal and social characteristics of criminals and delinquents. (c) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents. (d) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court. (e) The number of citizens' complaints received by law enforcement agencies under Section 832.5. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only. It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned. SEC. 3. Section 13012.5 is added to the Penal Code, to read: 13012.5. (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by subdivision (d) of Section 13012, include the following statewide information: (1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings. (2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court. (3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions. (b) The department's annual report published under Section 13010 shall include the information described in subdivision (d) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year. SEC. 4. The sum of seventy-five thousand dollars ($75,000) is hereby appropriated from the General Fund to the Controller for disbursement to the Department of Justice for the purpose of this act. SEC. 5. 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 for the department to collect the information required under these provisions by the reporting deadline, it is necessary for this act to take effect immediately as an urgency statute.