BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 446
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          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.









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          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 








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            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.  








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          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 


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