BILL NUMBER: SB 1742	CHAPTERED  09/14/06

	CHAPTER  257
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  MAY 18, 2006
	AMENDED IN SENATE  MAY 1, 2006

INTRODUCED BY   Senator Machado

                        FEBRUARY 24, 2006

   An act to amend Section 736 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1742, Machado  Juvenile justice.
   Existing law establishes the Youth Authority and requires it to
accept a person committed to it if it believes that the person can be
materially benefited by its reformatory and educational discipline
and if it has adequate facilities to provide that care.
   This bill would instead make the Division of Juvenile Justice the
entity responsible for these duties and would make related changes to
that provision.
   Existing law requires the Youth Authority to accept a person
committed to it, provided that the Director of the Youth Authority
certifies that staff and institutions are available if that person is
a borderline psychiatric or borderline mentally deficient case, sex
deviate, as specified, or if he or she suffers from a primary
behavior disorder. Existing law prohibits a person to be transported
to a facility under the jurisdiction of the Youth Authority until the
director of that agency has notified the committing court of the
place to which the person is to be transported and the time at which
that person can be received.
   This bill would delete those provisions.
   Existing law requires the Director of the Youth Authority and the
Director of the State Department of Mental Health to annually confer
and establish policy with respect to the types of cases that should
be the responsibility of each department.
   This bill would instead provide that to determine who is best
served by the Division of Juvenile Justice and who would be better
served by the State Department of Mental Health, the Chief Deputy
Secretary of the Division of Juvenile Justice shall confer with the
Director of the State Department of Mental Health regarding these
duties.


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


  SECTION 1.  Section 736 of the Welfare and Institutions Code is
amended to read:
   736.  (a) The Division of Juvenile Justice shall accept a person
committed to it pursuant to this article if it believes that the
person can be materially benefited by its reformatory and educational
discipline, and if it has adequate facilities, staff, and programs
to provide that care. A person subject to this section shall not be
transported to any facility under the jurisdiction of the Division of
Juvenile Justice until the director thereof has notified the
committing court of the place to which that person is to be
transported and the time at which he or she can be received.
   (b) To determine who is best served by the Division of Juvenile
Justice and who would be better served by the State Department of
Mental Health, the Chief Deputy Secretary of the Division of Juvenile
Justice and the Director of the State Department of Mental Health
shall, at least annually, confer and establish policy with respect to
the types of cases that should be the responsibility of each
department.