BILL NUMBER: AB 1481	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 28, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN SENATE  JUNE 25, 2012

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

                        JANUARY 10, 2012

   An act to amend Sections 631 and 631.3 of the Code of Civil
Procedure, and to amend Sections 607, 1719, 1719.5, 1769, and 1771 of
the Welfare and Institutions Code, relating to public safety, and
making an appropriation therefor, to take effect immediately, bill
related to the budget.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1481, Committee on Budget. Public safety.
   Existing law requires each party demanding a jury trial to deposit
advance jury fees in the amount of $150 with the clerk or judge.
Existing law requires the court to transmit the advance jury fees to
the State Treasury for deposit in the Trial Court Trust Fund within
45 calendar days after the end of the month in which the advance jury
fees are deposited with the court.
   This bill would instead require that at least one party demanding
a jury on each side of a civil case pay a nonrefundable fee of $150,
unless the fee has been paid by another party on the same side of the
case. The bill would make that fee due on or before the date
scheduled for the initial case management conference in the action,
except in specified circumstances. The bill would make related and
conforming changes to those provisions.
   Existing law authorizes the juvenile court to retain jurisdiction
over a ward of the court, until the ward attains 21 years of age,
except in certain circumstances. Existing law further authorizes the
court to retain jurisdiction over a ward who has committed specified
serious offenses or other offenses requiring registration as a sex
offender, until age 25, if committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, or to a state
hospital or mental health facility. Existing law also requires, on
and after July 1, 2012, every person committed by the juvenile court
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, by reason of committing specified offenses, to
be discharged after a 2-year period of control, or when that person
reaches 23 years of age, whichever occurs later, except as specified.

   This bill would remove specified offenses requiring registration
as a sex offender from those provisions that allow the court, in
certain circumstances, to retain jurisdiction over a ward until that
person attains either 25 years of age or 23 years of age. The bill
would state that these changes apply retroactively.
   Existing law authorizes the Department of Corrections and
Rehabilitation to develop and implement a system of graduated
sanctions for wards that distinguishes between minor, intermediate,
and serious misconduct. Existing law further requires the department
to promulgate regulations to implement a table of sanctions to be
used in determining discharge consideration date extensions. Existing
law also authorizes the department to extend a ward's discharge
consideration date, subject to appeal, to not more than 12 months,
for a sustained serious misconduct violation if all other sanctioning
options have been considered and determined to be unsuitable in
light of the previous case history and circumstances of the
misconduct.
   This bill would delete the above provision requiring the
department to promulgate regulations to implement a table of
sanctions, in certain circumstances. The bill would also revise the
above provision regarding a ward's discharge to instead prohibit the
department from extending a ward's discharge consideration date for
incidents occurring after September 1, 2012.
   The bill would appropriate $1,000 from the General Fund to the
Department of Corrections and Rehabilitation for administration.
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
   Appropriation: yes.


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

  SECTION 1.  Section 631 of the Code of Civil Procedure is amended
to read:
   631.  (a) The right to a trial by jury as declared by Section 16
of Article I of the California Constitution shall be preserved to the
parties inviolate. In civil cases, a jury may only be waived
pursuant to subdivision (f).
   (b) At least one party demanding a jury on each side of a civil
case shall pay a nonrefundable fee of one hundred fifty dollars
($150), unless the fee has been paid by another party on the same
side of the case. The fee shall offset the costs to the state of
providing juries in civil cases. If there are more than two parties
to the case, for purposes of this section only, all plaintiffs shall
be considered one side of the case, and all other parties shall be
considered the other side of the case. Payment of the fee by a party
on one side of the case shall not relieve parties on the other side
of the case from waiver pursuant to subdivision (f).
   (c) The fee described in subdivision (b) shall be due on or before
the date scheduled for the initial case management conference in the
action, except as follows:
   (1) In unlawful detainer actions, the fees shall be due at least
five days before the date set for trial.
   (2) If no case management conference is scheduled in a civil
action, or the initial case management conference occurred before
June 28, 2012, and the initial complaint was filed on or after July
1, 2011, the fee shall be due no later than 365 calendar days after
the filing of the initial complaint.
   (3) If the initial case management conference occurred before June
28, 2012, and the initial complaint in the case was filed before
July 1, 2011, the fee shall be due at least 25 calendar days before
the date initially set for trial.
   (4) If the party requesting a jury has not appeared before the
initial case management conference, or first appeared more than 365
calendar days after the filing of the initial complaint, the fee
shall be due at least 25 calendar days before the date initially set
for trial.
   (d) If a party failed to timely pay the fee described in
subdivision (b) that was due between June 27, 2012, and November 30,
2012, the party will be relieved of a jury waiver on that basis only
if the party pays the fee on or before December 31, 2012, or 25
calendar days before the date initially set for trial, whichever is
earlier.
   (e) The parties demanding a jury trial shall deposit with the
clerk or judge, at the beginning of the second and each succeeding
day's session, a sum equal to that day's fees and mileage of the
jury, including the fees and mileage for the trial jury panel if the
trial jury has not yet been selected and sworn. If more than one
party has demanded a jury, the respective amount to be paid daily by
each party demanding a jury shall be determined by stipulation of the
parties or by order of the court.
   (f) A party waives trial by jury in any of the following ways:
   (1) By failing to appear at the trial.
   (2) By written consent filed with the clerk or judge.
   (3) By oral consent, in open court, entered in the minutes.
   (4) By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is set
without notice or stipulation.
   (5) By failing to timely pay the fee described in subdivision (b),
unless another party on the same side of the case has paid that fee.

   (6) By failing to deposit with the clerk or judge, at the
beginning of the second and each succeeding day's session, the sum
provided in subdivision (e).
   (g) The court may, in its discretion upon just terms, allow a
trial by jury although there may have been a waiver of a trial by
jury.
   (h) The court shall transmit the fee described in subdivision (b)
to the State Treasury for deposit in the Trial Court Trust Fund
within 45 calendar days after the end of the month in which the fee
is paid to the court.
  SEC. 2.  Section 631.3 of the Code of Civil Procedure is amended to
read:
   631.3.  (a) Notwithstanding any other law, when a party to the
litigation has deposited jury fees with the judge or clerk and that
party waives a jury or obtains a continuance of the trial, or the
case is settled, none of the deposit shall be refunded if the court
finds there has been insufficient time to notify the jurors that the
trial would not proceed at the time set. If the jury fees so
deposited are not refunded for any of these reasons, or if a refund
of jury fees deposited with the judge or clerk has not been
requested, in writing, by the depositing party within 20 business
days from the date on which the jury is waived or the action is
settled, dismissed, or a continuance thereof granted, the fees shall
be transmitted to the Controller for deposit into the Trial Court
Trust Fund.
   (b) All jury fees and mileage fees that may accrue by reason of a
juror serving on more than one case in the same day shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund. All jury fees that were deposited with the court in advance of
trial pursuant to Section 631 prior to January 1, 1999, and that
remain on deposit in cases that were settled, dismissed, or otherwise
disposed of, and three years have passed since the date the case was
settled, dismissed, or otherwise disposed of, shall be transmitted
to the Controller for deposit into the Trial Court Trust Fund.
   (c) The fee described in subdivision (b) of Section 631 shall be
nonrefundable and is not subject to this section.
  SEC. 3.  Section 607 of the Welfare and Institutions Code is
amended to read:
   607.  (a) The court may retain jurisdiction over any person who is
found to be a ward or dependent child of the juvenile court until
the ward or dependent child attains 21 years of age, except as
provided in subdivisions (b), (c), and (d).
   (b) The court may retain jurisdiction over any person who is found
to be a person described in Section 602 by reason of the commission
of any of the offenses listed in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, until that person attains 25 years of
age if the person was committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
   (c) The court shall not discharge any person from its jurisdiction
who has been committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities so long as the person
remains under the jurisdiction of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, including periods of
extended control ordered pursuant to Section 1800.
   (d) The court may retain jurisdiction over any person described in
Section 602 by reason of the commission of any of the offenses
listed in subdivision (b) or paragraph (2) of subdivision (d) of
Section 707, who has been confined in a state hospital or other
appropriate public or private mental health facility pursuant to
Section 702.3 until that person attains 25 years of age, unless the
court that committed the person finds, after notice and hearing, that
the person's sanity has been restored.
   (e) The court may retain jurisdiction over any person while that
person is the subject of a warrant for arrest issued pursuant to
Section 663.
   (f) Notwithstanding subdivisions (b) and (d), on and after July 1,
2012, every person committed by the juvenile court to the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
who is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707 shall be discharged
upon the expiration of a two-year period of control, or when the
person attains 23 years of age, whichever occurs later, unless an
order for further detention has been made by the committing court
pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of
Division 2.5. This section shall not apply to persons committed to
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, or persons confined in a state hospital or other
appropriate public or private mental health facility, by a court
prior to July 1, 2012, pursuant to subdivisions (b) and (d).
   (g) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
  SEC. 4.  Section 1719 of the Welfare and Institutions Code, as
amended by Section 94 of Chapter 41 of the Statutes of 2012, is
amended to read:
   1719.  (a) This section applies only to a ward who is released to
parole supervision prior to the 90th day after the enactment of the
act adding this subdivision.
   (b) Commencing July 1, 2005, the following powers and duties shall
be exercised and performed by the Juvenile Parole Board: discharges
of commitment, orders to parole and conditions thereof, revocation or
suspension of parole, and disciplinary appeals.
   (c) Any ward may appeal an adjustment to his or her parole
consideration date to a panel comprised of at least two
commissioners.
   (d) 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,
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.
   (e) The department shall promulgate policies and regulations
implementing a departmentwide 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 that distinguishes between minor,
intermediate, and serious misconduct. The department may not extend a
ward's discharge consideration date. 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.
   (f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
  SEC. 5.  Section 1719 of the Welfare and Institutions Code, as
amended by Section 95 of Chapter 41 of the Statutes of 2012, is
amended to read:
   1719.  (a) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court, and
disciplinary appeals.
   (b) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge 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 or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, conducting annual reviews, treatment
program orders, 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) The department shall promulgate policies and regulations
implementing a departmentwide 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 that distinguishes between minor,
intermediate, and serious misconduct. The department may not extend a
ward's discharge consideration date. The department also may
promulgate regulations to establish a process for granting wards who
have successfully responded to disciplinary sanctions a reduction of
any time acquired for disciplinary matters.
   (e) This section shall become operative on January 1, 2013.
  SEC. 6.  Section 1719.5 of the Welfare and Institutions Code is
amended to read:
   1719.5.  (a) This section shall become operative on the 90th day
after the enactment of the act adding this section.
   (b) The following powers and duties shall be exercised and
performed by the Juvenile Parole Board: discharges of commitment,
orders for discharge from the jurisdiction of the Division of
Juvenile Facilities to the jurisdiction of the committing court,
revocation or suspension of parole, and disciplinary appeals.
   (c) Any ward may appeal a decision by the Juvenile Parole Board to
deny discharge to a panel comprised of at least two commissioners.
   (d) 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 or a
reentry disposition, determination of offense category, setting of
discharge consideration dates, conducting annual reviews, treatment
program orders, 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.
   (e) The department shall promulgate policies and regulations
implementing a departmentwide 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 that distinguishes between minor,
intermediate, and serious misconduct. The department may not extend a
ward's discharge consideration date for incidents occurring after
September 1, 2012. In any case in which a discharge consideration
date has been extended, the disposition report shall clearly state
the reasons for the extension. The length of any discharge
consideration date extension 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
credits, and any extenuating or mitigating circumstances. The
department shall promulgate regulations to implement a table of
sanctions to be used in determining discharge 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.
   (f) This section applies only to a ward who is discharged from
state jurisdiction to the jurisdiction of the committing court on or
after the operative date of this section.
   (g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
  SEC. 7.  Section 1769 of the Welfare and Institutions Code is
amended to read:
   1769.  (a) Every person committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, by a juvenile
court shall, except as provided in subdivision (b), be discharged
upon the expiration of a two-year period of control or when he or she
attains 21 years of age, whichever occurs later, unless an order for
further detention has been made by the committing court pursuant to
Article 6 (commencing with Section 1800).
   (b) Every person committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, by a juvenile court
who has been found to be a person described in Section 602 by reason
of the violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, shall be discharged
upon the expiration of a two-year period of control or when he or she
attains 25 years of age, whichever occurs later, unless an order for
further detention has been made by the committing court pursuant to
Article 6 (commencing with Section 1800).
   (c) Notwithstanding subdivision (b), on and after July 1, 2012,
every person committed by a juvenile court to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, who
is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, shall be discharged
upon the expiration of a two-year period of control, or when he or
she attains 23 years of age, whichever occurs later, unless an order
for further detention has been made by the committing court pursuant
to Article 6 (commencing with Section 1800). This section shall not
apply to persons committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, by a juvenile court
prior to July 1, 2012, pursuant to subdivision (b).
   (d) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
  SEC. 8.  Section 1771 of the Welfare and Institutions Code is
amended to read:
   1771.  (a) Every person convicted of a felony and committed to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, shall be discharged when he or she attains 25 years of
age, unless an order for further detention has been made by the
committing court pursuant to Article 6 (commencing with Section 1800)
or unless a petition is filed under Article 5 (commencing with
Section 1780). In the event that a petition under Article 5
(commencing with Section 1780) is filed, the division shall retain
control until the final disposition of the proceeding under Article 5
(commencing with Section 1780).
   (b) Notwithstanding subdivision (a), on and after July 1, 2012,
every person committed by a juvenile court to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, who
is found to be a person described in Section 602 by reason of the
violation of any of the offenses listed in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, shall be discharged
upon the expiration of a two-year period of control, or when the
person attains 23 years of age, whichever occurs later, unless an
order for further detention has been made by the committing court
pursuant to Article 6 (commencing with Section 1800). This section
shall not apply to persons committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, by a juvenile
court prior to July 1, 2012, pursuant to subdivision (a).
   (c) The amendments to this section made by the act adding this
subdivision shall apply retroactively.
  SEC. 9.  The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the Department of Corrections
and Rehabilitation for administration.
  SEC. 10.  This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.