Amended in Senate April 13, 2015

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 amended, 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 begin delete commitment, the type of sentence imposed, end delete begin insert referral, and end insert the age at the time of begin delete the alleged offense, and whether gang, weapon or other sentencing enhancements were imposed. end delete begin insert referral. end insert 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 begin delete case level end delete 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.

SEC. 2.  

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

13012.5.  

(a)  begin delete (1) end delete begin delete   end delete 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:

begin delete

(A)

end delete

begin insert (1) end insert  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 begin delete the alleged offense, end delete
begin insert referral, end insert gender, race or ethnic subgroup, county of begin delete commitment, end delete
begin insert referral, and end insert most serious offense begin delete resulting in juvenile adjudication
or conviction, and whether gang, weapon, or other sentencing
enhancements were alleged against end delete begin insert at the time of referral of end insert the
minors whose cases were the subject of those fitness hearings.

begin delete

(B)

end delete

begin insert (2) end insert  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 begin delete whether the case was filed under whichever
of those provisions applies, end delete begin insert the code section under which the case
was filed, end insert and cross-referenced with information about the age at
the time of begin delete the alleged offense, end delete begin insert referral, end insert gender, race or ethnic
subgroup, county of begin delete commitment, most serious offense resulting
in juvenile adjudication or conviction, and whether gang, weapon,
or other sentencing enhancements were alleged against end delete begin insert referral,
and most serious offense at the time of referral of end insert the minors whose
cases were filed directly in adult criminal court.

begin delete

(C)

end delete

begin insert (3) end insert   begin delete The end delete begin insert For each year, the end insert 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 begin delete information regarding gang,
weapon, or other sentencing enhancements, and the type of
sentence, including end delete 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 begin delete the alleged offense, end delete begin insert booking, end insert
gender, race or ethnic subgroup, county of begin delete commitment, length of
time in custody prior to disposition of the case, end delete begin insert booking, end insert and begin delete most
serious end delete offense begin insert category end insert resulting in conviction of the minors
subject to these court actions.

begin insert

(4) For each year, the length of time spent in juvenile hall for
minors whose case was filed in adult criminal court and who were
released from juvenile hall, 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 referral, gender, race or ethnic
subgroup, county of referral, and most serious offense at the time
of referral.

end insert begin delete

(D)

end delete

begin insert (5) end insert  For each year, the number of minors 14 years of age or older
begin insert at the time of referral end insert 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 begin delete the alleged offense, end delete begin insert referral, end insert gender, race or
ethnic subgroup, county of begin delete filing, end delete begin insert referral, end insert most serious begin delete alleged end delete
offense begin delete filed, the offense or offenses for which a petition was
sustained, including whether gang, weapon, or other sentencing
enhancements were attached, end delete begin insert at the time of referral, end insert and the begin delete level
of disposition, end delete begin insert type of detention or placement, end insert including placement
at home or with a relative, in a nonsecure 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.

begin delete

(E)

end delete

begin insert (6) end insert   begin delete The end delete begin insert Using data submitted by the Department of Corrections
and Rehabilitation, for each year, a one-day snapshot of the end insert 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, begin insert age at admission to the department, end insert
current age, gender, race or ethnic subgroup, county of
commitment, most serious begin delete offense, end delete begin insert offense resulting in conviction, end insert
and gang, weapon, or other sentencing enhancements attached to
the conviction of the individuals.

begin delete

(2)

end delete

begin insert (7) end insert   begin delete The department shall post on its Internet Web site annually end delete
begin insert Using data submitted by the Department of Corrections and
Rehabilitation, for each year, end insert the number of people who were
under 21 years of age at the time of the offense and who were
begin delete 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. end delete begin insert committed to the
department, cross-referenced with the most serious offense
resulting in conviction and the sentence, including any gang,
weapon, or other sentencing enhancements that were attached,
cross-referenced with the person’s age at the time of the offense,
age at admission to the department, current age, gender, race or
ethnic subgroup, and county of commitment. end insert

(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 begin delete case
level end delete data compiled to prepare the report required by subdivision
(a) in a downloadable format, beginning on July 1, 2017, for the
preceding calendar begin delete year, including, but not limited to, the following
information: end delete begin insert year. end insert

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete

(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.