BILL ANALYSIS Ó AB 446 Page 1 ASSEMBLY THIRD READING AB 446 (Carter) As Amended March 25, 2011 Majority vote PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, | | |Mitchell, Skinner | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | ----------------------------------------------------------------- SUMMARY : Authorizes a county to adopt a restorative justice program to address the needs of minors, victims, and the community. Specifically, this bill : 1)Recognizes the following restorative justice principles to be incorporated into juvenile justice proceedings: a) Community protection from delinquent conduct through a continuum of appropriate responses that protects citizens and victims; b) Accountability of the minor through restoration of the losses experienced by the victim and the community; and, c) Competency development of the minor through the provision of treatment, education, and skill building needed for success in the community. 2)States that the juvenile justice system should repair crime-related injuries to the victim, the community, and the offender. Victims and communities should be actively involved throughout the process to the extent consistent with the offender's right to due process and the rights of the minor and victim, as specified. AB 446 Page 2 3)Authorizes the Chief Deputy Secretary for the Department of Juvenile Justice and qualified restorative justice agencies to establish, in collaboration, restorative justice centers in designated areas in counties throughout California. 4)States that the restorative justice programs shall be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, the public defender, probation department, representatives of victims' groups, law enforcement, community organizations and service providers, restorative justice groups, and clinicians with expertise in adolescent development. 5)Requires the protocol to address the following: a) The formation of a restorative justice council; b) The process to be employed in any case coming before the council; c) The rights of minors; d) The rights of victims involved in the case; e) Confidentiality issues; f) Timeliness of case processing; g) The scope of services of, and orders that may be imposed by, the restorative justice council; h) The roles of the court, prosecutor, and defense counsel in relation to the council; i) Qualifications and the selection process for restorative justice council members; j) The process for evaluating compliance with the program; and, aa) The process for handling any failure to adhere to the program directed by the restorative justice council. 6)States that the restorative justice program seeks to repair AB 446 Page 3 the harm to the victim, the minor, and the community. The program shall be tailored to the age, mental capacity, and maturity of the minor, the nature of the offense, and the resources available to the minor. 7)Allows minors to be referred to the restorative justice program as part of the court's order for informal supervision, the court's order for nonwardship probation, the court's dispositional order or order for deferred entry of judgment. EXISTING LAW : 1)Provides, except as specified, any person who is under the age of 18 years when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court. 2)Provides that a minor under the jurisdiction of the juvenile court who is in need of protective services shall receive care, treatment, and guidance consistent with his or her best interest and the best interest of the public. A minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with his or her best interest, that holds that minor accountable for his or her behavior, and that is appropriate for his or her circumstances. FISCAL EFFECT : According to the Assembly Appropriations Committee, no direct state or local costs. To the extent a county opts to adopt a program, and to the extent the proposed restorative justice objectives, which are generally consistent with current juvenile justice system goals, result in additional or improved programming, local juvenile justice system costs (not state-reimbursable) could increase. The bill states no General Fund may be used to fund a restorative justice program established by this bill. COMMENTS : According to the author, "I have introduced this bill because I am deeply concerned about the youth in our society. AB 446 Page 4 There needs to be a way to teach youth about the consequences of their actions before they commit crimes that land them in prison. I believe the programs described in this bill will force California's youth to deal with their victims and the consequences of their crimes, teaching them responsibility and how to avoid future crimes. We need to find more approaches to combating juvenile crime and this bill does just that by promising care and rehabilitation to minors for non-violent offenses." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 FN: 0000524