BILL NUMBER: SB 498	INTRODUCED
	BILL TEXT


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. 

   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.

  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.