Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 915

Introduced by Assembly Member Jones-Sawyer

February 22, 2013

An act to add Chapter 1.7 (commencing with Section 1990) to Division 2.5 of the Welfare and Institutions Code, relating to youthful offenders begin insert , and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 915, as amended, Jones-Sawyer. begin delete Juvenile end delete begin insert Youth end insert Community begin delete Corrections Performance end delete Incentives Act of 2013.

Existing law establishes the Youthful Offender Block Grant Fund to be used to enhance the capacity of county probation, mental health, drug and alcohol, and other departments to provide appropriate rehabilitative and supervision services to specified youthful offenders.

This bill, the begin delete Juvenile end delete begin insert Youth end insert Community begin delete Corrections Performance end delete Incentives Act of 2013, would permit each county to establish in each county treasury a Youthful Offender Block Grant begin insert Fund end insert Part B account. The bill would require the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, and the Chief Probation Officers of California, to calculate the cost to the state of housing and supervising begin delete juvenile end delete begin insert youth end insert offenders who have committed certain specified offenses for the fiscal year begin delete 2013-13 end delete begin insert 2012 end insert begin insert -13 end insert and every year thereafter and, begin delete upon appropriation by the Legislature, to end delete begin insert would annually end insert allocate 75% the savings realized begin insert to the Youthful Offender Block Grant Fund Part B account, which would be created by this bill, end insert for the purposes specified in this bill begin insert , thereby making an appropriation end insert . The bill would require, in any fiscal year for which a county receives money pursuant to these provisions, the funds to be made available to begin delete the local Community Corrections Partnership of that county end delete begin insert the chief probation officer end insert to be utilized to improve local probation supervision practices and capacities serving juvenile offenders begin delete and for the implementation or enhancement of recognized best practices for serving high-need youth offenders end delete . The bill would require that 40% of the funds be allocated proportionally and directly to those counties with net decreases in new admissions of begin delete juvenile end delete begin insert youth end insert offenders to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, 40% to be available to fund a block grant program, as specified, and 20% to be available to fund technical assistance for counties in the ongoing implementation of begin delete model end delete begin insert best end insert practices for serving certain specified juvenile offenders.

begin insert

The bill would require county probation departments receiving funds pursuant to the bill to develop and submit a youth supervision and rehabilitation plan to the Board of State and Community Corrections. The bill would require the chief probation officer to prepare and submit a report on the use of the funds to the Board of State and Community Corrections after approval by the juvenile justice coordinating counsel for that county. By imposing new duties on local officials, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known, and may be cited, as the
Youth Community Incentives Act of 2013. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 1.7 (commencing with Section 1990) is added
to Division 2.5 of the end insert begin insert Welfare and Institutions Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 1.7. end insert Youth Community Incentives

 

Article begin insert 1. end insert   General Provisions

 

begin insert 1990. end insert   

(a) The Legislature finds and declares all of the
following:

(1) Counties are steadily decreasing their new admissions of
youth offenders who have committed offenses specified in
subdivision (b) of Section 707 of this code and Section 290 of the
Penal Code to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities (DJF).

(2) This trend of decreasing new DJF admissions indicates that
counties are consistently serving an increased number of
DJF-eligible youth at the local level. However, they are doing so
without any additional resources or accountability from the state.

(3) Local youth offender justice programs are uniquely
positioned to deliver successful rehabilitative services for
California’s high-need and high-risk youth offenders. Counties
are well situated to develop or enhance partnerships with
community-based service providers that can deliver individualized
treatment through case management, mental health services,
alcohol and drug counseling, and reentry support, with gender
responsive, culturally competent, and trauma-informed care.

(4) Research has shown that improved outcomes for youth tend
to occur in local facilities with low staff-to-ward ratios, and in
community-based programs that utilize best practices and have a
focus on individualized treatment. Individual youth offenders have
improved outcomes when they are provided access to appropriate
services within the context of well-designed programs and systems
that demonstrate a collaboration between county probation
departments and community-based services.

(b) It is the intent of the Legislature in enacting this chapter to
promote best practices at the county level for serving youth
offenders.

begin insert 1991. end insert   

As used in this chapter, the following definitions apply:

(a) “Juvenile justice coordinating council” means a multiagency
council established pursuant to Section 749.22 for the development
of effective county-based programs and practices for juvenile
justice.

(b) “DJF-eligible” means youth offenders who have committed
an offense specified in subdivision (b) of Section 707 of this code
or Section 290 of the Penal Code.

(c) “Best practices” refers to supervision, treatment, and
rehabilitative policies, programs, procedures, and practices
understood by the collective experience and expertise of the field
of juvenile justice to reduce recidivism and improve long-term life
outcomes among youth offenders. Examples of best practices
include strengths-based, individualized, family-centered, culturally
competent services, positive youth development frameworks, gender
responsive programming, trauma-informed care, and accurate
data tracking of recidivism rates and long-term life outcomes for
supervised youth. “Facility-based best practices” also include
those identified by the Missouri Division of Youth Services for
successful supervision of high-need and high-risk youth offenders,
including, but not limited to, use of smaller facilities closer to the
youth’s home, individualized attention in small group settings,
creating a safe and positive staff and peer culture in facilities,
family integration in rehabilitation and after care planning, and
academic and vocational skill building.

(d) “Positive outcomes” refer to improved reentry and
performance of youth following contact with the juvenile justice
system. This may include improved educational performance,
development of employment and life skills, access to healthcare
and mental health services, and lowered recidivism rates.

(e) “High-need youth” refers to youth with multiple risk factors,
including, but not limited to, those who are from low-income
families, have disabilities, development delays, learning
disabilities, substance abuse issues, trauma or mental health needs,
or are homeless or in foster care.

(f) “High-risk youth” refers to youth who have been determined,
by a validated risk assessment tool, to be at high risk of reoffense
resulting in the possibility of a new DJF-eligible offense resulting
in the sustained petition within one year.

(g) “Chief probation officer” means the chief probation officer
for the county, or city and county, in which a youth offender is
subject to probation for the commission of a DJF-eligible offense.

begin insert 1992. end insert   

(a) Each county is hereby authorized to establish in
each county treasury a Youthful Offender Block Grant Fund Part
B account to receive all amounts allocated to that county for the
purposes of implementing this chapter.

(b) Allocations for the Youthful Offender Block Grant Fund
Part B account may be used by the chief probation officer to
enhance the capacity of county probation, mental health, drug and
alcohol, or other county departments and community-based
organizations to provide appropriate rehabilitative and supervision
for DJF-eligible youth.

(c) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the moneys,
including any interest, shall be made available to the chief
probation officer, by the juvenile justice coordinating council of
that county, within 30 days of the deposit of those moneys into the
fund, only for the purposes specified in Section 1996.

begin insert 1993. end insert   

(a) Beginning July 1, 2014, the Department of Finance,
in consultation with the Department of Corrections and
Rehabilitation, the Board of State and Community Corrections,
and the Chief Probation Officers of California, shall calculate the
cost to the state of housing and supervising DJF-eligible youth
offenders who have committed an offense described in subdivision
(b) of Section 707 of this code or Section 290 of the Penal Code
who were in the custody of, or subject to supervision by, DJF for
the 2012-13 fiscal year.

(b) Beginning July 1, 2014, and by every July 1 of each year
thereafter, the Department of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Board of State
and Community Corrections, and the Chief Probation Officers of
California, shall calculate the cost to the state of housing and
supervising DJF-eligible youth offenders who have committed an
offense described in subdivision (b) of Section 707 who were in
the custody of, or subject to supervision by, DJF in the immediately
preceding fiscal year.

(c) Beginning July 1, 2014, and by July 1 of each year thereafter,
the Department of Finance shall calculate the savings to the state,
if savings are realized, by subtracting the amount calculated
pursuant to subdivision (b) from the amount calculated pursuant
to subdivision (a). Seventy-five percent of that amount is hereby
appropriated from the General Fund and shall be transferred
annually by the Controller to the Youthful Offender Block Grant
Fund Part B which is hereby established as a continuously
appropriated fund.

(d) The Department of Finance shall determine the allocation
to be made to each county pursuant to Sections 1994 and 1995,
and shall report those amounts to the Controller. The Controller
shall make an allocation from the Youthful Offender Block Grant
Fund Part B account to each county’s Youthful Offender Block
Grant Fund Part B account in accordance with the report.

begin insert 1994. end insert   

Subject to subdivisions (d) and (e) and subject to Article
2, the amounts deposited in the Youthful Offender Block Grant
Fund Part B account pursuant to subdivision (c) of Section 1993
shall be allocated as follows:

(a) No later than January 1, 2015, and no later than January
1 of each year thereafter, 40 percent of the funds in the Youthful
Offender Block Grant Fund Part B account shall be allocated
proportionally and directly to those counties with a net decrease
in new admissions of youthful offenders to DJF compared to new
admissions of youthful offenders to DJF for the 2012-13 fiscal
year. The purpose of this funding is to increase the capacity of
those counties with net decreases of youth admissions to DJF to
provide supervision and rehabilitation services using best
practices. The proportional funding allocated pursuant to this
subdivision shall be calculated pursuant to Section 1995.

(b) (1) No later than January 1, 2015, and no later than January
1 of each year thereafter, 40 percent of the funds in the Youthful
Offender Block Grant Fund Part B account shall be available to
fund a block grant program whereby each county may apply for
funds in order to increase capacity for serving the county’s
population of DJF-eligible youth, using best practices. The funding
made available pursuant to this subdivision shall be allocated on
the basis of a competitive grant that is open to all counties and is
not limited to counties showing decreases in new admissions to
DJF.

(2) The Board of State and Community Corrections shall oversee
the competitive grant process, including the development of a
request for proposal process and an annual report describing the
use of expenditures made pursuant to this subdivision. The request
for proposal process shall include requirements regarding the
number of DJF-eligible youth served, as determined by the board.

(c) (1) No later than January 1, 2015, and no later than January
1 of each year thereafter, 20 percent of the funds in the Youthful
Offender Block Grant Fund Part B account shall be made available
to fund technical assistance for counties in the ongoing
implementation of best practices for servicing DJF-eligible youth,
or for those counties developing programs to serve a combination
of DJF-eligible and non-DJF-eligible youth offenders.

(2) The Board of State and Community Corrections shall oversee
the development of a request for proposal process for the technical
assistance funding available pursuant to paragraph (1). The
request for proposal process shall include requirements regarding
the number of DJF-eligible youth served, as determined by the
board.

(d) If discretionary prosecutorial direct filings to adult court,
as specified in subdivision (d) of Section 707, increase by more
than 5 percent from the 2012-13 fiscal year baseline for any county
receiving allocations pursuant to this section, that county shall
not receive any funding pursuant to this chapter.

(e) This subdivision shall supercede subdivisions (a), (b), and
(c) if the amount allocated to the Youthful Offender Block Grant
Fund Part B account for any given year is three million dollars
($3,000,000) or less, in which event all of the funds in the account
shall be available to fund technical assistance pursuant to
subdivision (c) for counties in the ongoing implementation of best
practices for serving DJF-eligible youth, or for those counties
developing programs to serve a combination of DJF-eligible and
non-DJF-eligible youth offenders.

begin insert 1995. end insert   

The proportional funding allocation required by
subdivision (a) of Section 1994 shall be calculated as follows:

(a) Beginning July 1, 2014, the Department of Finance, in
consultation with the Department of Corrections and
Rehabilitation, shall calculate the number of admissions committed
by each county to DJF, for the 2012-13 fiscal year.

(b) Beginning July 2013, and by July 1 of each year thereafter,
the Department of Finance, in consultation with the Department
of Corrections and Rehabilitation and the Chief Probation Officers
of California, shall calculate the number of new admissions
committed by each county to DJF in the immediately preceding
fiscal year.

(c) Beginning July 1, 2014, and by July 1 of each year thereafter,
the Department of Finance, in consultation with the Department
of Corrections and Rehabilitation and the Chief Probation Officers
of California, shall calculate the net decrease in new admissions
to DJF from each county by subtracting the amount calculated
annually pursuant to subdivision (b) for each county from the
amount calculated pursuant to subdivision (a) for each county. If
the result is zero or below for any given county, that county shall
not be eligible to receive funds from the allocation made pursuant
to subdivision (a) of Section 1994.

(d) Beginning July 1, 2014, and by July 1 of each year
thereafter, the Department of Finance, in consultation with the
Department of Corrections and Rehabilitation and the Chief
Probation Officers of California, shall calculate the total net
decrease in new admissions committed by those counties
demonstrating decreases in new admissions to DJF in the
immediately preceding fiscal year, by summing those counties’
net decreases calculated pursuant to subdivision (c).

(e) Beginning July 1, 2014, and by July 1 of each year thereafter,
the Department of Finance, in consultation with the Department
of Corrections and Rehabilitation and the Chief Probation Officers
of California, shall calculate the proportional decrease in new
admissions for each county by dividing each county’s net decrease
in new admissions calculated pursuant to subdivision (c) by the
total net decrease in new admissions calculated pursuant to
subdivision (d).

(f) (1) The proportional funding allocation pursuant to
subdivision (a) of Section 1994 for each county shall be determined
by multiplying the amount calculated pursuant to subdivision (e)
by the total funding allocation specified in subdivision (a) of
Section 1994 and shall be directly allocated to each county.

(2) Any portion of funds described in paragraph (1) that is
unused within 12 months of receipt shall revert to the county’s
Youthful Offender Block Grant Fund Part B account for future
use, as specified by Section 1996.

 

Article begin insert 2. end insert   Performance and Accountability

 

begin insert 1996. end insert   

(a) Money allocated to each county’s Youthful Offender
Block Grant Fund Part B account shall be utilized to improve local
probation supervision practices and capacity to serve DJF-eligible
youth offenders, utilizing best practices. County probation
departments receiving Youthful Offender Block Grant Fund Part
B account allocations shall, in coordination with the local juvenile
justice coordinating counsel, develop and submit a youth
supervision and rehabilitation plan to the Board of State and
Community Corrections for approval for use of the funds described
in subdivisions (a), (b), and (c) of Section 1994, as follows:

(1) Best practices shall be identified and defined by the Board
of State and Community Corrections using the collective experience
and expertise of the juvenile justice field, and shall include core
values with proven results, including, but not limited to,
strengths-based, individualized, family-centered, gender
responsive, culturally competent services, positive youth
development frameworks, and trauma-informed care.

(2) Positive outcomes shall be identified and defined by the
Board of State and Community Corrections using the collective
experience and expertise of the juvenile justice field, and shall
include, but not be limited to, improved educational performance,
development of employment and life skills, improved access to
healthcare and mental health services, enhanced public safety,
and reduced recidivism of DJF-eligible youth offenders, and a
reduction in the number of youth offenders sentenced to DJF.

(3) Technical assistance allocations shall be utilized for funding
site visits between county probation departments, consultations
with state and national experts, improvements to probation data
systems related to youth offenders, matching grants with private
foundations who are investing in county best practices, or for other
purposes approved by the Board of State and Community
Corrections that are aligned with the purposes of improving the
supervision and rehabilitation of DJF-eligible youth offenders
under this chapter.

(4) The chief probation officer shall devote a minimum of 5
percent of all funding received pursuant to this chapter to
enhancing data capacity relevant to monitoring the programs and
practices implemented with the funds pursuant to this chapter. A
chief probation officer may petition the Board of State and
Community Corrections to have this restriction waived, and the
Board of State and Community Corrections shall have the authority
to grant the petition, if the chief probation officer can demonstrate
that the department is already developing sufficient funds to the
evaluation of these programs and practices.

(b) A portion of the funds allocated pursuant to subdivision (c)
of Section 1994 shall be used to fund a full-time position with the
Board of State and Community Corrections to oversee grant
processes, including the development and administration of the
request for proposal process specified in paragraph (2) of
subdivision (b) and paragraph (2) of subdivision (c) of Section
1994. The staff person shall monitor and evaluate any programs
or facilities supported by funds allocated pursuant to this bill,
including site visits for all appropriate counties.

(c) No later than 15 months following the initial receipt of
funding, the chief probation officer shall prepare and submit a
comprehensive report for each funding stream received through
the Youthful Offender Block Grant Fund Part B to the local juvenile
justice coordinating council for review and approval. Within two
weeks of approval by the juvenile justice coordinating council, the
chief probation officer shall submit the report to the Board of State
and Community Corrections. The report shall include, but not be
limited to, all of the following information:

(1) A description of the programs, placements, services, or
strategies, including measurable performance outcomes, funded
by each block grant allocation made pursuant to this chapter.

(2) The effectiveness of the practices described in paragraph
(1) based on performance outcomes.

(3) The number of DJF-eligible youth served by the county for
the year in which the report is being made.

(4) The percentage of DJF-eligible youth served by the county
who are being supervised in accordance with best practices.

(5) The impact of the moneys appropriated pursuant to this
chapter on reducing recidivism in DJF-eligible youth offenders
and reducing the number of youth offenders who are sent to DJF
for the year in which the report is being made.

(6) The number of youth offenders transferred to adult court
pursuant to subdivision (d) of Section 707.

(7) A specification of the supervision policies, procedures,
programs, and practices that were eliminated as a result of
pursuing best practices.

(8) Any recommendations regarding resource allocations or
additional collaboration with other local, state, regional, or federal
entities for improvements to this chapter.

(9) Itemized allocations from the Youthful Offender Block Grant
Fund Part B account to enhance the capacity of county probation,
mental health, drug and alcohol, or other county departments, and
community-based organizations for the purposes of providing
appropriate rehabilitative and supervision services for DJF-eligible
youth.

begin insert 1997. end insert   

The Board of State and Community Corrections may
enforce violations of grant requirements or direct allocations with
suspensions or cancellations of grant funds. Violations may
include, but are not limited to, the following:

(a) Failure to submit a proper youth supervision and
rehabilitation plan to the Board of State and Community
Corrections pursuant to subdivision (a) of Section 1996 within
three months of the receipt of funds.

(b) Failure to submit a proper comprehensive report to the
Board of State and Community Corrections pursuant to subdivision
(c) of Section 1996 within 15 months of the receipt of funds.

(c) Failure to use allocations pursuant to subdivisions (a), (b),
and (c) of Section 1994 appropriately to fund best practices or
positive outcomes, as determined by the Board of State and
Community Corrections through site visits or other means of
review.

begin insert 1998. end insert   

The moneys appropriated pursuant to this chapter shall
supplement, but not supplant, any other state or county
appropriation for the juvenile justice coordinating counsel or the
chief probation officer, or both. The moneys appropriated pursuant
to this chapter shall not be used to supplant any other county
funding sources not expressly specified in this chapter.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Chapter 1.7 (commencing with Section 1990) is
added to Division 2.5 of the Welfare and Institutions Code, to read:

 

Chapter  1.7. Juvenile Community Corrections
Performance Incentives

 

1990.  

This act shall be known and may be cited as the Juvenile
Community Corrections Performance Incentives Act of 2013.

1991.  

(a) No later than July 1, 2014, the Department of
Finance, in consultation with the Department of Corrections and
Rehabilitation, the Board of State and Community Corrections,
and the Chief Probation Officers of California, shall calculate the
cost to the state of housing and supervising juvenile offenders who
have committed an offense described in subdivision (b) of Section
707 who were in the custody of, or subject to supervision by, the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice for the 2012-13 fiscal year.

(b) No later than July 1, 2014, and every July 1 thereafter, the
Department of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Board of State and Community
Corrections, and the Chief Probation Officers of California, shall
calculate the cost to the state of housing and supervising juvenile
offenders who have committed an offense described in subdivision
(b) of Section 707 who were in the custody of, or subject to
supervision by, the Department of Corrections and Rehabilitation,
Division of Juvenile Justice in the immediately preceding fiscal
year.

(c) Beginning July 1, 2014, and no later than July 1 of each year
thereafter, the Department of Finance shall calculate the savings
to the state, if savings are realized, by subtracting the amount
calculated annually pursuant to subdivision (b) from the amount
calculated pursuant to subdivision (a). Of this amount, 75 percent
shall, upon appropriation by the Legislature, be set aside and
allocated as specified in Section 1993.

1992.  

(a) Each county is hereby authorized to establish in each
county treasury a Youthful Offender Block Grant Part B account,
to receive all amounts allocated to that county pursuant to Section
1993.

(b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the moneys,
including any interest, shall be made available to the local
Community Corrections Partnership of that county for the purposes
specified in Section 1994.

1993.  

The amounts calculated pursuant to subdivision (c) shall
be allocated as follows:

(a) Forty percent shall be allocated proportionally and directly
to those counties with net decreases in new admissions of juvenile
offenders to the Department of Corrections and Rehabilitation,
Division of Juvenile Justice over the fiscal year 2012-13 baseline
new commitments.

(b) Forty percent shall be available to fund a block grant
program whereby each county may apply for funds in order to
increase capacity for serving the county’s population of juvenile
offenders who committed an offense described in subdivision (b)
of Section 707. The funding made available pursuant to this
subdivision shall be allocated on the basis of a competitive grant
that is open to all counties and is not limited to counties showing
decreases in new admissions to the Department of Corrections and
Rehabilitation, Division of Juvenile Justice.

(c) Twenty percent shall be available to fund technical assistance
for counties in the ongoing implementation of model practices for
serving juvenile offenders who committed an offense described
in subdivision (b) of Section 707, or for those counties developing
programs to serve a combination of juvenile offenders who
committed an offense described in subdivision (b) of Section 707
and other juvenile offenders. A portion of these funds may be used
to fund staff positions within the Board of State and Community
Corrections.

1994.  

Money allocated to each county Youthful Offender Block
Grant Part B account shall be utilized to improve local probation
supervision practices and capacities serving juvenile offenders
committed for offenses specified in subdivision (b) of Section 707
and for the implementation or enhancement of recognized best
practices for serving high-need youth offenders. Best practices
shall be identified and defined by the Board of State and
Community Corrections, and shall include core values with proven
results, including, but not limited to, strengths-based,
individualized, family-centered, culturally competent services,
positive youth development frameworks, and trauma-informed
care.

end delete