BILL NUMBER: AB 2005	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 16, 2016

   An act to amend Section  201   730  of
the Welfare and Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2005, as amended, Ridley-Thomas.  Juveniles. 
 Juveniles: out-of-state placement.  
   Existing law establishes the jurisdiction of the juvenile court,
under which the juvenile court may adjudge a person who is under 18
years of age when he or she violates any law or ordinance to be a
ward of the court, as specified. Existing law authorizes the court to
make any reasonable orders for the care, supervision, custody,
conduct, maintenance, and support of the minor who is adjudged a ward
of the court. In the discretion of the court, existing law
authorizes the court to order a ward to be on probation without the
supervision of the probation officer. In all other cases, existing
law requires the court to order the care, custody, and control of the
minor to be under the supervision of a probation officer who is
required to determine the appropriate placement for the ward, and
authorizes the probation agency to place the minor in specified
treatment settings, including the approved home of a relative or
nonrelative, a foster home, or a suitable licensed community care
facility. As an alternative to these types of treatments, existing
law authorizes the court to commit the minor to a juvenile home,
ranch, camp, or forestry camp.  
   This bill would prohibit the court from ordering the commitment or
placement of a minor to a juvenile home, ranch, camp, or forestry
camp outside of the state unless the court makes specified
determinations, including that the commitment or placement is
necessary to protect the health or safety of the minor and that there
is not an equivalent setting available in this state.  

   Existing law provides that the purpose of the juvenile court law
is to provide for the protection and safety of the public and of
minors under the jurisdiction of the juvenile court. Existing law
requires that minors under the jurisdiction of the juvenile court
receive the care, treatment, and guidance consistent with their best
interests.  
   This bill would make technical, nonsubstantive changes to a
related provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 730 of the   Welfare
and Institutions Code   is amended to read: 
   730.  (a)  When   If  a minor is
adjudged a ward of the court on the ground that he or she is a person
described by Section 602, the court may order any of the types of
treatment referred to in Section 727, and as an additional
alternative, may commit the minor to a juvenile home, ranch, camp, or
forestry camp. If there is no county juvenile home, ranch, camp, or
forestry camp within the county, the court may commit the minor to
the county juvenile hall. 
   (b) Notwithstanding any other law, if a minor is adjudged a ward
of the court on the ground that he or she is a person described by
subdivision (a) of Section 602, the court shall not order for the
commitment or placement of the minor in a juvenile home, ranch, camp,
or forestry camp outside of the state unless the court makes a
determination of all of the following:  
   (1) The commitment or placement is necessary to protect the
health, including mental health, or safety of the minor.  
   (2) The commitment or placement would reduce the minor's
likelihood of reoffending.  
   (3) There is not an equivalent juvenile home, ranch, camp, or
forestry camp available in the state.  
   (b) When 
    (c)     If  a ward described in
subdivision (a) is placed under the supervision of the probation
officer or committed to the care, custody, and control of the
probation officer, the court may make any and all reasonable orders
for the conduct of the  ward   ward, 
including the requirement that the ward go to work and earn money for
the support of his or her dependents or to effect reparation and in
either case that the ward keep an account of his or her earnings and
report the same to the probation officer and apply these earnings as
directed by the court. The court may impose and require any and all
reasonable conditions that it may determine fitting and proper to the
end that justice may be done and the reformation and rehabilitation
of the ward enhanced. 
   (c) When 
    (d)     If  a ward described in
subdivision (a) is placed under the supervision of the probation
officer or committed to the care, custody, and control of the
probation officer, and is required as a condition of probation to
participate in community service or graffiti cleanup, the court may
impose a condition that if the minor unreasonably fails to attend or
unreasonably leaves prior to completing the assigned daily hours of
community service or graffiti cleanup, a law enforcement officer may
take the minor into custody for the purpose of returning the minor to
the site of the community service or graffiti cleanup. 
   (d) When 
    (e)     If  a minor is adjudged or
continued as a ward of the court on the ground that he or she is a
person described by Section 602 by reason of the commission of rape,
sodomy, oral copulation, or an act of sexual penetration specified in
Section 289 of the Penal Code, the court shall order the minor to
complete a sex offender treatment program, if the court determines,
in consultation with the county probation officer, that suitable
programs are available. In determining what type of treatment is
appropriate, the court shall consider all of the following: the
seriousness and circumstances of the offense, the vulnerability of
the victim, the minor's criminal history and prior attempts at
rehabilitation, the sophistication of the minor, the threat to public
safety, the minor's likelihood of reoffending, and any other
relevant information presented. If ordered by the court to complete a
sex offender treatment program, the minor shall pay all or a portion
of the reasonable costs of the sex offender treatment program after
a determination is made of the ability of the minor to pay. 
  SECTION 1.    Section 201 of the Welfare and
Institutions Code is amended to read:
   201.  The provisions of this chapter, insofar as these provisions
are substantially the same as existing statutory provisions relating
to the same subject matter, shall be construed as restatements and
continuations of those provisions, and not as new enactments.