BILL NUMBER: AB 999	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2009

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 27, 2009

   An act to amend Section 1719 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 999, as amended, Skinner. Juveniles:  Board of Parole
Hearings.   Division of Juvenile Facilities.  
   Existing law sets forth the powers and duties of the Division of
Juvenile Facilities in the Department of Corrections and
Rehabilitation with respect to wards in its custody, including, but
not limited to, the return of persons to the court of commitment for
redisposition by the court, determination of offense category, and
setting of parole consideration dates. Existing law requires the
department to promulgate policies and regulations implementing a
departmentwide system of graduated sanctions for addressing ward
disciplinary matters, including extending a ward's parole
consideration date, subject to appeal, from one to not more than 12
months, for a sustained serious misconduct violation, as specified.
The department is also authorized to promulgate regulations to
establish a process for granting wards who have successfully
responded to disciplinary sanctions a reduction of up to 50% of any
time acquired for disciplinary matters.  
   This bill would revise and recast these provisions by including
program time credits among the powers and duties of the division. The
bill would require the parole consideration date of a ward to be
advanced one month earlier for every month of satisfactory
performance in a credit qualifying program, including performance in
education, rehabilitation, vocational education, training, drug
treatment, anger management, therapeutic, work, and other programs
meant to prepare a ward for successful reentry into society. The bill
would require the division to promulgate policies and regulations
implementing a divisionwide system of graduated sanctions for
addressing ward disciplinary matters. The bill would prohibit the
division from extending or postponing a ward's parole consideration
date, but would permit forfeiture of program time credits for
sustained serious misconduct. The bill would require the division to
provide a document signed by a division official to each ward
defining what conduct constitutes serious misconduct. 
   Existing law sets forth the powers and duties of the Board of
Parole Hearings with respect to juvenile court proceedings. 

   This bill would make a technical, nonsubstantive change to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 1719 of the Welfare and Institutions Code is
amended to read:
   1719.  (a) On and after July 1, 2005, the following powers and
duties shall be exercised and performed by the Board of Parole
Hearings: discharges of commitment, orders to parole and conditions
thereof, revocation or suspension of parole, and disciplinary
appeals.
   (b) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
   (c) The following powers and duties shall be exercised and
performed by the Division of Juvenile Facilities: return of persons
to the court of commitment for redisposition by the court,
determination of offense category, setting of parole consideration
dates, conducting annual reviews, treatment program orders, 
program time credits,  institution placements, furlough
placements, return of nonresident persons to the jurisdiction of the
state of legal residence, disciplinary decisionmaking, and referrals
pursuant to Section 1800. 
   (d) Program time credits shall apply for performance in education,
rehabilitation, vocational education, training, drug treatment,
anger management, therapeutic, work, and other programs meant to
prepare a ward for successful reentry into society. For every month
of satisfactory performance in a credit qualifying program, as
designated by the Chief Deputy Secretary for Juvenile Justice, the
parole consideration date of a ward shall be advanced one month
earlier.  
   (d) The department 
    (e)     The division  shall promulgate
policies and regulations implementing a  departmentwide
  divisionwide  system of graduated sanctions for
addressing ward disciplinary matters. The disciplinary decisionmaking
system shall be employed as the disciplinary system in facilities
under the jurisdiction of the Division of Juvenile Facilities, and
shall provide a framework for handling disciplinary matters in a
manner that is consistent, timely, proportionate, and ensures the due
process rights of wards.  The department shall develop and
implement a system of graduated sanctions which distinguishes between
minor, intermediate, and serious misconduct. The department may
extend a ward's parole consideration date, subject to appeal pursuant
to subdivision (b), from one to not more than 12 months, inclusive,
for a sustained serious misconduct violation   The
division shall not extend or postpone a ward's parole consideration
date. Sanctions for sustained serious misconduct may include
forfeiture of program time credits established pursuant to this
chapter,  if all other sanctioning options have been considered
and determined to be unsuitable in light of the ward's previous case
history and the circumstances of the misconduct. In any case in which
a  parole consideration date has been extended 
 program time credit has been forfeited  , the disposition
report shall clearly state the reasons for the  extension
  forfeiture  . The length of any  parole
consideration date extension  program time credit
forfeiture  shall be based on the seriousness of the misconduct,
the ward's prior disciplinary history, the ward's progress toward
treatment objectives, the ward's earned program  time 
credits, and any extenuating or mitigating circumstances. 
The department shall promulgate regulations to implement a table of
sanctions to be used in determining parole consideration date
extensions. The department also may promulgate regulations to
establish a process for granting wards who have successfully
responded to disciplinary sanctions a reduction of up to 50 percent
of any time acquired for disciplinary matters.   A
document signed by a division official shall be provided to each ward
defining what conduct constitutes "serious misconduct."