AB 1675, as amended, Mark Stone. Juveniles: prostitution.
Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of requesting that the prosecuting attorney file a petition to declare the minor a ward of the juvenile court. Existing law makes a minor ineligible for this program of supervision if he or she has previously participated in a program of supervision.
Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.
This bill would require the probation officer, in a case in which a minor is alleged to have committed those prostitution-related offenses, to delineate a specific program of supervision for the minor in lieu of requesting that the prosecuting attorney file a petition to have the minor declared a ward of the juvenile court. The bill would also allow these minors to participate in a program of supervision even if they have previously participated in a program of supervision. By increasing the duties of probation officers, this bill would impose a state-mandated local program.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 654.3 of the Welfare and Institutions
2Code is amended to read:
begin deleteNo end deletebegin insertA end insertminorbegin delete shall beend deletebegin insert is notend insert eligible for the program of
4supervision set forth in Section 654 or 654.2 in the following cases,
5except in an unusual case where the interests of justice would best
6be served and the court specifies on the record the reasons for its
7decision:
8(a) A petition alleges that the minor has violated an offense
9listed
in subdivision (b) of Section 707.
10(b) A petition alleges that the minor has sold or possessed for
11sale a controlled substance as defined in Chapter 2 (commencing
12with Section 11053) of Division 10 of the Health and Safety Code.
13(c) A petition alleges that the minor has violated Section 11350
14or 11377 of the Health and Safety Code where the violation takes
15place at a public or private elementary, vocational, junior high
16school, or high school, or a violation of Section 245.5, 626.9, or
17626.10 of the Penal Code.
18(d) A petition alleges that the minor has violated Section 186.22
19of the Penal Code.
20(e) The minor has previously participated in a program of
21supervision
pursuant to Section 654. This subdivision does not
P3 1apply to a minor who will be participating in the program of
2supervision pursuant to Section 654.15.
3(f) The minor has previously been adjudged a ward of the court
4pursuant to Section 602.
5(g) A petition alleges that the minor has violated an offense in
6which the restitution owed to the victim exceeds one thousand
7dollars ($1,000). For purposes of this subdivision, the definition
8of “victim” in paragraph (1) of subdivision (a) of Section 730.6
9and “restitution” in subdivision (h) of Section 730.6 shall apply.
10(h) The minor is alleged to have committed a felony offense
11when the minor was at least 14 years of age. Except in unusual
12cases where the court determines the interest of
justice would best
13be served by a proceeding pursuant to Section 654 or 654.2, a
14petition alleging that a minor who is 14 years of age or over has
15committed a felony offense shall proceed under Article 20.5
16(commencing with Section 790) or Article 17 (commencing with
17Section 675).
Section 654.15 is added to the Welfare and Institutions
19Code, immediately following Section 654.1, to read:
Notwithstanding any other law, in any case in which
21a minor has been alleged to have violatedbegin insert subdivision (b) ofend insert Section
22647 orbegin insert Sectionend insert 653.22 of the Penal Code, the probation officer
23shall, in lieu of requesting that a petition be filed by the prosecuting
24attorney to declare the minor a ward of the court under Section
25602, proceed in accordance with Section 654 and delineate a
26specific program of supervision for the minor.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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