Senate Bill No. 498

Introduced by Senator Hancock

February 26, 2015

An act to repeal and add Section 13012.5 of the Penal Code, relating to criminal statistics.

LEGISLATIVE COUNSEL’S DIGEST

SB 498, as introduced, Hancock. Criminal statistics: juveniles.

Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies and prepare an annual report presenting the data to the Governor and certain public officials. Existing law requires this report to include the annual number of fitness hearings held in the juvenile court and the annual number of minors whose cases were filed directly in adult criminal court, as well as the outcomes of those proceedings, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions. Existing law also requires the department to include in the report information regarding certain administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their cases to adult criminal court or whose cases were directly filed or otherwise initiated in adult criminal court.

This bill would require the annual report to include both statewide and county level information, and would expand the scope and level of detail in the information reported, by requiring, among other things, information about the county of commitment, the type of sentence imposed, the age at the time of the alleged offense, and whether gang, weapon or other sentencing enhancements were imposed. The bill would also require the department to post on its Internet Web site additional information, including the number of people under 21 years of age at the time of their offense who were sentenced to the state prison, and, beginning July 1, 2017, all case level data that was compiled to prepare the report provided to the Governor and other public officials, as specified. The bill would require the department to post the information in a format that allows a user to query and download the information for the most recent reporting year and for prior years or reporting cycles, as specified, beginning July 1, 2018, for the preceding calendar year. The bill would also provide that the information regarding certain administrative actions regarding juvenile offenders whose cases were transferred to, or directly filed or originated in, criminal court would be reported beginning with the report due on July 1, 2017, as specified, thereby suspending the requirement to make that report for one year.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 13012.5 of the Penal Code is repealed.

begin delete

13012.5.  

(a) The annual report published by the department
under Section 13010 shall, in regard to the contents required by
subdivision (d) of Section 13012, include the following statewide
information:

(1) The annual number of fitness hearings held in the juvenile
courts under Section 707 of the Welfare and Institutions Code,
and the outcomes of those hearings including orders to remand to
adult criminal court, cross-referenced with information about the
age, gender, ethnicity, and offense of the minors whose cases are
the subject of those fitness hearings.

(2) The annual number of minors whose cases are filed directly
in adult criminal court under Sections 602.5 and 707 of the Welfare
and Institutions Code, cross-referenced with information about the
age, gender, ethnicity, and offense of the minors whose cases are
filed directly to the adult criminal court.

(3) The outcomes of cases involving minors who are prosecuted
in adult criminal courts, regardless of how adult court jurisdiction
was initiated, including whether the minor was acquitted or
convicted, or whether the case was dismissed and returned to
juvenile court, including sentencing outcomes, cross-referenced
with the age, gender, ethnicity, and offense of the minors subject
to these court actions.

(b) The department’s annual report published under Section
13010 shall include the information described in subdivision (d)
of Section 13012, as further delineated by this section, beginning
with the report due on July 1, 2003, for the preceding calendar
year.

end delete

SEC. 2.  

Section 13012.5 is added to the Penal Code, to read:

13012.5.  

(a) (1) The annual report published by the department
under Section 13010 shall, in regard to the contents required by
subdivision (d) of Section 13012, include the following statewide
and county level information:

(A) For each year, the number of fitness hearings held in the
juvenile courts pursuant to Section 707 of the Welfare and
Institutions Code, and the outcomes of those hearings, including
orders to remand to adult criminal court, cross-referenced with
information about the age at the time of the alleged offense, gender,
race or ethnic subgroup, county of commitment, most serious
offense resulting in juvenile adjudication or conviction, and
whether gang, weapon, or other sentencing enhancements were
alleged against the minors whose cases were the subject of those
fitness hearings.

(B) For each year, the number of minors whose cases were filed
directly in adult criminal court pursuant to subdivision (b) of
Section 602 or Section 707 of the Welfare and Institutions Code,
classified according to whether the case was filed under whichever
of those provisions applies, and cross-referenced with information
about the age at the time of the alleged offense, gender, race or
ethnic subgroup, county of commitment, most serious offense
resulting in juvenile adjudication or conviction, and whether gang,
weapon, or other sentencing enhancements were alleged against
the minors whose cases were filed directly in adult criminal court.

(C) The outcomes of cases involving minors who were
prosecuted in adult criminal courts, including whether the minor
was acquitted or convicted, or whether the case was dismissed,
diverted and dismissed, or certified to juvenile court, and
sentencing outcomes, including information regarding gang,
weapon, or other sentencing enhancements, and the type of
sentence, including receiving a fine, a jail term, probation with
jail, probation, an adult prison term, or placement in the custody
of the Division of Juvenile Justice, cross-referenced with whether
the case was filed directly in adult criminal court pursuant to
subdivision (b) of Section 602 or Section 707 of the Welfare and
Institutions Code, or remanded to adult criminal court by the
juvenile court, the age at the time of the alleged offense, gender,
race or ethnic subgroup, county of commitment, length of time in
custody prior to disposition of the case, and most serious offense
resulting in conviction of the minors subject to these court actions.

(D) For each year, the number of minors 14 years of age or older
whose cases were filed in juvenile court for offenses pursuant to
subdivision (b) of Section 707 of the Welfare and Institutions
Code, cross-referenced with information about the age at the time
of the alleged offense, gender, race or ethnic subgroup, county of
filing, most serious alleged offense filed, the offense or offenses
for which a petition was sustained, including whether gang,
weapon, or other sentencing enhancements were attached, and the
level of disposition, including placement at home or with a relative,
in a non-secure county facility, in a secure county facility, in
another public facility, in another private facility, or in the custody
of the Division of Juvenile Justice.

(E) The total number of people who were under 21 years of age
at the time of their offenses who are currently committed to the
Department of Corrections and Rehabilitation, cross-referenced
with each person’s age at the time of the offense, current age,
gender, race or ethnic subgroup, county of commitment, most
serious offense, and gang, weapon, or other sentencing
enhancements attached to the conviction of the individuals.

(2) The department shall post on its Internet Web site annually
the number of people who were under 21 years of age at the time
of the offense and who were sentenced to state prison, including
those sentenced to state prison who were ordered to serve their
terms in a county facility, and the number of those people who
were still serving sentences at the end of the year, the offense or
offenses for which each person was convicted, and the sentence
and enhancements for each offense, cross-referenced with the
person’s age at the time of the offense, current age, gender, race
or ethnic subgroup, county of commitment, and the date of the
offense.

(b) The department’s annual report published pursuant to Section
13010 shall include the information described in subdivision (d)
of Section 13012, beginning with the report due on July 1, 2017,
for the preceding calendar year.

(c) The department shall post on its Internet Web site all case
level data compiled to prepare the report required by subdivision
(a) in a downloadable format, beginning on July 1, 2017, for the
preceding calendar year, including, but not limited to, the following
information:

(1) The minor’s residence ZIP Code at the time of the offense.

(2) The number of petitions sustained against the minor prior
to the offense resulting in adult criminal court prosecution.

(3) The most serious offense alleged at the time of arrest and
whether gang, weapon or other sentencing allegations were
attached.

(4) The most serious alleged offense filed and whether gang,
weapon, or other sentencing enhancement allegations were
attached.

(5) The most serious offense resulting in conviction and whether
gang, weapon, or other sentencing enhancements were attached.

(d) The department shall post on its Internet Web site the
information required by subdivisions (a), (b), and (c) in a format
that allows a user to query and download the information for the
most recent reporting year and for prior years or reporting cycles
for which the information is available, beginning on July 1, 2018,
for the preceding calendar year.