BILL NUMBER: AB 355	CHAPTERED  09/04/03

	CHAPTER  263
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 21, 2003
	AMENDED IN SENATE  JUNE 30, 2003
	AMENDED IN ASSEMBLY  MARCH 26, 2003

INTRODUCED BY   Assembly Member Pacheco

                        FEBRUARY 11, 2003

   An act to amend Section 871 of the Welfare and Institutions Code,
relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 355, Pacheco.  Juveniles:  escape from custody.
   Existing law makes it a misdemeanor for any person who is under
the custody of a probation officer or any peace officer in a county
juvenile hall or who is committed to, or being transported to or
from, a county juvenile ranch, camp, or forestry camp to escape or
attempt to escape from that place or during transportation to or from
that place.
   This bill would revise and recast that provision.  In addition,
the bill would make it a misdemeanor for any person who is under the
custody of a probation officer or any peace officer in a county
juvenile hall, or committed to a county juvenile ranch, camp,
forestry camp, or regional facility, as defined, to escape or attempt
to escape while outside or away from such an institution or facility
while under the custody of a probation officer or any peace officer.
  By creating a new crime, the bill would create 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 no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 871 of the Welfare and Institutions Code is
amended to read:
   871.  (a) Any person under the custody of a probation officer or
any peace officer in a county juvenile hall, or committed to a county
juvenile ranch, camp, forestry camp, or regional facility, who
escapes or attempts to escape from the institution or facility in
which he or she is confined, who escapes or attempts to escape while
being conveyed to or from such an institution or facility, or who
escapes or attempts to escape while outside or away from such an
institution or facility while under the custody of a probation
officer or any peace officer, is guilty of a misdemeanor, punishable
by imprisonment in the county jail not exceeding one year.
   (b) Any person who commits any of the acts described in
subdivision (a) by use of force or violence shall be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison.
   (c) The willful failure of a person under the custody of a
probation officer or any peace officer in a county juvenile hall, or
committed to a county juvenile ranch camp, or forestry camp, to
return to the county juvenile hall, ranch, camp, or forestry camp at
the prescribed time while outside or away from the county facility on
furlough or temporary release constitutes an escape punishable as
provided in subdivision (a).  However, a willful failure to return at
the prescribed time shall not be considered an escape if the failure
to return was reasonable under the circumstances.
   (d) A minor who, while under the supervision of a probation
officer, removes his or her electronic monitor without authority and
who, for more than 48 hours, violates the terms and conditions of his
or her probation relating to the proper use of the electronic
monitor shall be guilty of a misdemeanor.  If an electronic monitor
is damaged or discarded while in the possession of the minor,
restitution for the cost of replacing the unit may be ordered as part
of the punishment.
   (e) The liability established by this section shall be limited by
the financial ability of the person or persons ordered to pay
restitution under this section, who shall, upon request, be entitled
to an evaluation and determination of ability to pay under Section
903.45.
   (f) For purposes of this section, "regional facility" means any
facility used by one or more public entities for the confinement of
juveniles for more than 24 hours.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.