Amended in Senate April 6, 2016

Senate Bill No. 941

Introduced by Senator Mitchell

February 3, 2016

An act to amend Sections 27756 and 27757 of the Government Code, to amend Sections 1203.016, 1203.1ab, and 1208.2 of the Penal Code, begin delete to amend Section 19280 of the Revenue and Taxation Code, end delete and to amend Sections 207.2, 332, 656, 729.9, 871, 900, begin insert 903.1, end insert and 11325.24 of, and to repeal Sections 902, 903, begin delete 903.1, end delete 903.15, 903.2, 903.25, 903.4, 903.45, begin delete 903.47, end delete 903.5, 903.6, 903.7, and 904 of, the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 941, as amended, Mitchell. Juveniles.

(1) Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in begin delete the end delete begin insert a end insert county jail or other county correctional facility or program. Existing law authorizes the board of supervisors to prescribe a program administrative fee and an application fee for this program.

This bill would make those fees payable only by adult participants of that home detention begin delete program. end delete begin insert program who are over 21 years of age and under the jurisdiction of the criminal court. end insert

(2) Existing law provides that upon conviction of certain offenses involving controlled substances, or upon a finding that a minor is subject to the jurisdiction of the juvenile court by reason of committing one of those certain offenses, the court, when recommended by the probation officer, shall require, as a condition of probation, that the defendant or the minor not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer, unless the court makes a finding that this condition would not serve the interests of justice. Existing law requires the court to order the defendant or the minor to pay a reasonable fee, not to exceed the actual cost of the testing, if the defendant or the minor is required to submit to testing and has the financial ability to pay all or part of those costs.

This bill would authorize the court to order a defendant to pay that reasonable fee only if the defendant is an begin delete adult. end delete begin insert adult who is over 21 years of age and under the jurisdiction of the criminal court. end insert The bill would also delete the authorization to charge the minor that reasonable fee. By increasing county costs associated with drug and substance abuse testing, this bill would impose a state-mandated local program.

(3) Existing law requires specified orders providing for the care and custody of a ward, dependent child, or other minor person to direct that the whole expense of support and maintenance of the minor, up to the amount of $20 per month, be paid from the county treasury. Existing law authorizes the board of supervisors of each county to establish a maximum amount that the court may order the county to pay for that support and maintenance and authorizes the court to direct that an amount up to that maximum amount be paid.

This bill would delete the $20 maximum on support and maintenance payments and delete county boards of supervisors authorization to establish a maximum amount that the court may order the county to pay. By increasing county funding obligations, this bill would impose a state-mandated local program.

(4) Existing law generally imposes liability on a parent, spouse, or other person liable for the support of a minor for certain costs, including the reasonable costs of transporting the minor to a juvenile facility and for the costs of the minor’s food, shelter, and care at the juvenile facility when the minor has been held in temporary custody, as specified, and certain other circumstances are applicable; the reasonable costs of supporting the minor when he or she is placed, detained in, committed to, any institution or other place pursuant to specified provisions of law or pursuant to an order of the juvenile court; the cost of the legal services rendered to the minor by an attorney pursuant to an order of the juvenile court; and the cost of probation supervision, home supervision, or electronic surveillance of the minor, pursuant to the order of the juvenile court.

This bill would repeal these begin delete provisions. end delete begin insert provisions and specify that, on and after January 1, 2017, the balance of any court-ordered costs imposed pursuant those provisions is unenforceable and uncollectable. The bill would, on January 1, 2018, require the portion of the judgment imposing those costs to be vacated. end insert The bill would make other conforming changes. By increasing county funding obligations, this bill would impose a state-mandated local program.

(5) Existing law establishes the Foster Children and Parent Training Fund in the State Treasury for purposes of supporting foster parent training programs conducted by community colleges. Existing law makes this fund inoperative after June 30, 2005, unless otherwise specified in the annual Budget Act or in another statute.

This bill would repeal those provisions.

(6) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, known in California as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria. Existing law requires, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, to participate in welfare-to-work activities. Existing law authorizes a recipient to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services. Existing law specifies that a situation or crisis that is destabilizing the family may include, but is not limited to, homelessness or imminent risk of homelessness.

This bill would also specify that a situation or crisis that is destabilizing the family includes when a child in the family has been held in temporary custody in a law enforcement facility, as specified.

(7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

SECTION 1.  

Section 27756 of the Government Code is
amended to read:

27756.  

In a county where the board of supervisors has
designated a county financial evaluation officer, the county
financial evaluation officer shall make financial evaluations of
parental liability for reimbursements and other court-ordered costs
pursuant to begin delete Section end delete begin insert Sections 903.1 and end insert 903.3 of the Welfare and
Institutions Code, as directed by the board of supervisors, or as
established by order of the juvenile court, and may enforce the
court order as any other civil judgment, including any balance
remaining unpaid after jurisdiction of the minor has terminated.

SEC. 2.  

Section 27757 of the Government Code is amended
to read:

27757.  

Except as otherwise ordered by the juvenile court, a
county financial evaluation officer, upon satisfactory proof, may
reduce, cancel, or remit the costs and charges listed in begin delete Section end delete
begin insert Sections 903.1 and end insert 903.3 of the Welfare and Institutions Code, or
established by order of the juvenile court.

SEC. 3.  

Section 1203.016 of the Penal Code is amended to
read:

1203.016.  

(a) Notwithstanding any other law, the board of
supervisors of any county may authorize the correctional
administrator, as defined in subdivision (h), to offer a program
under which inmates committed to a county jail or other county
correctional facility or granted probation, or inmates participating
in a work furlough program, may voluntarily participate or
involuntarily be placed in a home detention program during their
sentence in lieu of confinement in begin delete the end delete begin insert a end insert county jail or other county
correctional facility or program under the auspices of the probation
officer.

(b) The board of supervisors, in consultation with the
correctional administrator, may prescribe reasonable rules and
regulations under which a home detention program may operate.
As a condition of participation in the home detention program, the
inmate shall give his or her consent in writing to participate in the
home detention program and shall in writing agree to comply or,
for involuntary participation, the inmate shall be informed in
writing that he or she shall comply, with the rules and regulations
of the program, including, but not limited to, the following rules:

(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.

(2) The participant shall admit any person or agent designated
by the correctional administrator into his or her residence at any
time for purposes of verifying the participant’s compliance with
the conditions of his or her detention.

(3) The participant shall agree to the use of electronic
monitoring, which may include global positioning system devices
or other supervising devices for the purpose of helping to verify
his or her compliance with the rules and regulations of the home
detention program. The devices shall not be used to eavesdrop or
record any conversation, except a conversation between the
participant and the person supervising the participant which is to
be used solely for the purposes of voice identification.

(4) The participant shall agree that the correctional administrator
in charge of the county correctional facility from which the
participant was released may, without further order of the court,
immediately retake the person into custody to serve the balance
of his or her sentence if the electronic monitoring or supervising
devices are unable for any reason to properly perform their function
at the designated place of home detention, if the person fails to
remain within the place of home detention as stipulated in the
agreement, if the person willfully fails to pay fees to the provider
of electronic home detention services, as stipulated in the
agreement, subsequent to the written notification of the participant
that the payment has not been received and that return to custody
may result, or if the person for any other reason no longer meets
the established criteria under this section. A copy of the agreement
shall be delivered to the participant and a copy retained by the
correctional administrator.

(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the
designated place of confinement, the peace officer may, under
general or specific authorization of the correctional administrator,
and without a warrant of arrest, retake the person into custody to
complete the remainder of the original sentence.

(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person’s participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.

(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator.
The rules and regulations shall be given to or made available to
any participant upon request.

(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program
participation as an alternative to physical custody. All persons
referred or recommended by the court to participate in the home
detention program pursuant to subdivision (e) who are denied
participation or all persons removed from program participation
shall be notified in writing of the specific reasons for the denial
or removal. The notice of denial or removal shall include the
participant’s appeal rights, as established by program administrative
policy.

(e) The court may recommend or refer a person to the
correctional administrator for consideration for placement in the
home detention program. The recommendation or referral of the
court shall be given great weight in the determination of acceptance
or denial. At the time of sentencing or at any time that the court
deems it necessary, the court may restrict or deny the defendant’s
participation in a home detention program.

(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the
community, attend psychological counseling sessions or
educational or vocational training classes, or seek medical and
dental assistance. Willful failure of the program participant to
return to the place of home detention not later than the expiration
of any period of time during which he or she is authorized to be
away from the place of home detention pursuant to this section
and unauthorized departures from the place of home detention are
punishable as provided in Section 4532.

(g) The board of supervisors may prescribe a program
administrative fee to be paid by each adult home detention
participant begin insert who is over 21 years of age and under the jurisdiction
of the criminal court end insert that shall be determined according to his or
her ability to pay. Inability to pay all or a portion of the program
fees shall not preclude participation in the program, and eligibility
shall not be enhanced by reason of ability to pay. All program
administration and supervision fees shall be administered in
compliance with Section 1208.2.

(h) As used in this section, “correctional administrator” means
the sheriff, probation officer, or director of the county department
of corrections.

(i) Notwithstanding any other law, the police department of a
city where an office is located to which persons on an electronic
monitoring program report may request the county correctional
administrator to provide information concerning those persons.
This information shall be limited to the name, address, date of
birth, offense committed by the home detainee, and if available,
at the discretion of the supervising agency and solely for
investigatory purposes, current and historical GPS coordinates of
the home detainee. A law enforcement department that does not
have the primary responsibility to supervise participants in the
electronic monitoring program that receives information pursuant
to this subdivision shall not use the information to conduct
enforcement actions based on administrative violations of the home
detention program. A law enforcement department that has
knowledge that the subject in a criminal investigation is a
participant in an electronic monitoring program shall make
reasonable efforts to notify the supervising agency prior to serving
a warrant or taking any law enforcement action against a participant
in an electronic monitoring program.

(j) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:

(1) The correctional administrator, with the approval of the
board of supervisors, may administer a home detention program
pursuant to written contracts with appropriate public or private
agencies or entities to provide specified program services. No
public or private agency or entity may operate a home detention
program in any county without a written contract with that county’s
correctional administrator. However, this does not apply to the use
of electronic monitoring by the Department of Corrections and
Rehabilitation. No public or private agency or entity entering into
a contract may itself employ any person who is in the home
detention program.

(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.

(3) (A) All privately operated home detention programs shall
be under the jurisdiction of, and subject to the terms and conditions
of the contract entered into with, the correctional administrator.

(B) Each contract shall include, but not be limited to, all of the
following:

(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated
by state correctional agencies and bodies, including the Corrections
Standards Authority, and all statutory provisions and mandates,
state and county, as appropriate and applicable to the operation of
home detention programs and the supervision of sentenced
offenders in a home detention program.

(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.

(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under
conditions sufficient to fully indemnify the county for reasonably
foreseeable public liability, including legal defense costs, that may
arise from, or be proximately caused by, acts or omissions of the
contractor. The contract shall provide for annual review by the
correctional administrator to ensure compliance with requirements
set by the board of supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload changes or
other factors.

(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates
of insurance or copies of insurance policies, prior to commencing
any operations pursuant to the contract or at any time requested
by the board of supervisors or correctional administrator.

(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity
at any time that the contractor fails to demonstrate evidence of
financial responsibility.

(C) All privately operated home detention programs shall
comply with all appropriate, applicable ordinances and regulations
specified in subdivision (a) of Section 1208.

(D) The board of supervisors, the correctional administrator,
and the designee of the correctional administrator shall comply
with Section 1090 of the Government Code in the consideration,
making, and execution of contracts pursuant to this section.

(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.

(F) Upon the discovery that a private agency or entity with
whom there is a contract is not in compliance pursuant to this
paragraph, the correctional administrator shall give 60 days’ notice
to the director of the private agency or entity that the contract may
be canceled if the specified deficiencies are not corrected.

(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.

(k) For purposes of this section, “evidence of financial
responsibility” may include, but is not limited to, certified copies
of any of the following:

(1) A current liability insurance policy.

(2) A current errors and omissions insurance policy.

(3) A surety bond.

SEC. 4.  

Section 1203.1ab of the Penal Code is amended to
read:

1203.1ab.  

Upon conviction of any offense involving the
unlawful possession, use, sale, or other furnishing of any controlled
substance, as defined in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, in addition
to any or all of the terms of imprisonment, fine, and other
reasonable conditions specified in or permitted by Section 1203.1,
unless it makes a finding that this condition would not serve the
interests of justice, the court, when recommended by the probation
officer, shall require as a condition of probation that the defendant
shall not use or be under the influence of any controlled substance
and shall submit to drug and substance abuse testing as directed
by the probation officer. If the defendant is an begin delete adult, end delete begin insert adult over 21
years of age and under the jurisdiction of the criminal court, end insert is
required to submit to testing, and has the financial ability to pay
all or part of the costs associated with that testing, the court shall
order the defendant to pay a reasonable fee, which shall not exceed
the actual cost of the testing.

SEC. 5.  

Section 1208.2 of the Penal Code is amended to read:

1208.2.  

(a) (1) This section shall apply to individuals
authorized to participate in a work furlough program pursuant to
Section 1208, or to individuals authorized to participate in an
electronic home detention program pursuant to Section 1203.016
or 1203.018, or to individuals authorized to participate in a county
parole program pursuant to Article 3.5 (commencing with Section
3074) of Chapter 8 of Title 1 of Part 3.

(2) As used in this section, as appropriate, “administrator” means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.

(b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the
person is accepted, including equipment, supervision, and other
operating costs, except as provided in paragraphs (2) and (3).

(2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016 or 1203.018, the limitation,
described in paragraph (1), in prescribing a program administrative
fee and application fee shall not apply.

(3) With regard to an electronic home detention program
operated pursuant Section 1203.016, whether or not the program
is privately operated, any administrative fee or application fee
prescribed by a board of supervisors shall begin delete not apply to minors
participating in the program. end delete begin insert only apply to adults over 21 years of
age and under the jurisdiction of the criminal court. end insert

(c) The correctional administrator, or his or her designee, shall
not have access to a person’s financial data prior to granting or
denying a person’s participation in, or assigning a person to, any
of the programs governed by this section.

(d) The correctional administrator, or his or her designee, shall
not consider a person’s ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a
person’s participation in, or assigning a person to, any of the
programs governed by this section.

(e) For purposes of this section, “ability to pay” means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision and shall include, but shall
not be limited to, consideration of all of the following factors:

(1) Present financial position.

(2) Reasonably discernible future financial position. In no event
shall the administrator, or his or her designee, consider a period
of more than six months from the date of acceptance into the
program for purposes of determining reasonably discernible future
financial position.

(3) Likelihood that the person shall be able to obtain
employment within the six-month period from the date of
acceptance into the program.

(4) Any other factor that may bear upon the person’s financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).

(f) The administrator, or his or her designee, may charge a
person the fee set by the board of supervisors or any portion of the
fee and may determine the method and frequency of payment. Any
fee the administrator, or his or her designee, charges pursuant to
this section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person’s ability to
pay. The administrator, or his or her designee, shall have the option
to waive the fees for program supervision when deemed necessary,
justified, or in the interests of justice. The fees charged for program
supervision may be modified or waived at any time based on the
changing financial position of the person. All fees paid by persons
for program supervision shall be deposited into the general fund
of the county.

(g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the program
supervision fees. At any time during a person’s sentence, the person
may request that the administrator, or his or her designee, modify
or suspend the payment of fees on the grounds of a change in
circumstances with regard to the person’s ability to pay.

(h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person’s ability
to pay, or the amount which is to be paid, or the method and
frequency with which payment is to be made, the administrator,
or his or her designee, shall advise the appropriate court of the fact
that the person and administrator, or his or her designee, have not
been able to reach agreement and the court shall then resolve the
disagreement by determining the person’s ability to pay, the amount
which is to be paid, and the method and frequency with which
payment is to be made.

(i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her designee,
shall furnish the person a written statement of the person’s rights
in regard to the program for which the person has been approved,
including, but not limited to, both of the following:

(1) The fact that the person cannot be denied consideration for
or removed from participation in the program because of an
inability to pay.

(2) The fact that if the person is unable to reach agreement with
the administrator, or his or her designee, regarding the person’s
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall
be referred to the court to resolve the differences.

(j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Section
1203.016, 1203.018, or 1208, to enter into a contract with a private
agency or entity to provide specified program services, the program
administrator shall ensure that the provisions of this section are
contained within any contractual agreement for this purpose. All
privately operated home detention programs shall comply with all
appropriate, applicable ordinances and regulations specified in
subdivision (a) of Section 1208.

begin delete

SEC. 6.  

Section 19280 of the Revenue and Taxation Code is
amended to read:

19280.  

(a) (1) Fines, state or local penalties, bail, forfeitures,
restitution fines, restitution orders, or any other amounts imposed
by a juvenile or superior court of the State of California upon a
person or any other entity that are due and payable in an amount
totaling no less than one hundred dollars ($100), in the aggregate,
for criminal offenses, including all offenses involving a violation
of the Vehicle Code, may, no sooner than 90 days after payment
of that amount becomes delinquent, be referred by the juvenile or
superior court, the county, or the state to the Franchise Tax Board
for collection under guidelines prescribed by the Franchise Tax
Board. Unless the victim of the crime notifies the Department of
Corrections and Rehabilitation or county to the contrary, the
Department of Corrections and Rehabilitation or county may refer
a restitution order to the Franchise Tax Board, in accordance with
subparagraph (B) of paragraph (2), for any person subject to the
restitution order who is or has been under the jurisdiction of the
Department of Corrections and Rehabilitation or county.

(2) For purposes of this subdivision:

(A) The amounts referred by the juvenile or superior court, the
county, or the state under this section may include an administrative
fee and any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction. For purposes of this article, those amounts
shall be deemed to be imposed by the court.

(B) Restitution orders may be referred to the Franchise Tax
Board only by a government entity, as agreed upon by the
Franchise Tax Board, provided that all of the following apply:

(i) The government entity has the authority to collect on behalf
of the state or the victim.

(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.

(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by superior courts, counties,
or other state agencies.

(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.

(C) The Franchise Tax Board shall establish criteria for referral
that shall include setting forth a minimum dollar amount subject
to referral and collection.

(b) The Franchise Tax Board, in conjunction with the Judicial
Council, shall seek whatever additional resources are needed to
accept referrals from all 58 counties or superior courts.

(c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to the
State of California, and shall be collected from the debtor by the
Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2
of Title 9 of Part 2 of the Code of Civil Procedure in the manner
provided for earnings withholding orders for taxes.

(d) (1) Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), and Part 11
(commencing with Section 23001) shall apply to amounts referred
under this article in the same manner and with the same force and
effect and to the full extent as if the language of those laws had
been incorporated in full into this article, except to the extent that
any provision is either inconsistent with this article or is not
relevant to this article.

(2) Any information, information sources, or enforcement
remedies and capabilities available to the court or the state referring
to the amount due described in subdivision (a) shall be available
to the Franchise Tax Board to be used in conjunction with, or
independent of, the information, information sources, or remedies
and capabilities available to the Franchise Tax Board for purposes
of administering Part 10 (commencing with Section 17001), this
part, Part 10.7 (commencing with Section 21001), or Part 11
(commencing with Section 23001).

(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001)
and Part 11 (commencing with Section 23001).

(f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section
19521. When notice of the amount due includes interest and is
mailed to the debtor and the amount is paid within 15 days after
the date of notice, interest shall not be imposed for the period after
the date of notice.

(g) A collection under this article is not a payment of income
taxes imposed under Part 10 (commencing with Section 17001)
or Part 11 (commencing with Section 23001).

end delete

begin delete SEC. 7. end delete

begin insert SEC. 6. end insert   

Section 207.2 of the Welfare and Institutions Code is
amended to read:

207.2.  

A minor who is held in temporary custody in a law
enforcement facility that contains a lockup for adults pursuant to
subdivision (d) of Section 207.1 may be released to a parent,
guardian, or responsible relative by the law enforcement agency
operating the facility, or may at the discretion of the law
enforcement agency be released into his or her own custody,
provided that a minor released into his or her own custody is
furnished, upon request, with transportation to his or her home or
to the place where the minor was taken into custody.

begin delete SEC. 8. end delete

begin insert SEC. 7. end insert   

Section 332 of the Welfare and Institutions Code is
amended to read:

332.  

A petition to commence proceedings in the juvenile court
to declare a child a ward or a dependent child of the court shall be
verified and shall contain all of the following:

(a) The name of the court to which it is addressed.

(b) The title of the proceeding.

(c) The code section and the subdivision under which the
proceedings are instituted. If it is alleged that the child is a person
described by subdivision (e) of Section 300, the petition shall
include an allegation pursuant to that section.

(d) The name, age, and address, if any, of the child upon whose
behalf the petition is brought.

(e) The names and residence addresses, if known to the
petitioner, of both parents and any guardian of the child. If there
is no parent or guardian residing within the state, or if his or her
place of residence is not known to the petitioner, the petition shall
also contain the name and residence address, if known, of any
adult relative residing within the county, or, if there is none, the
adult relative residing nearest to the location of the court. If it is
known to the petitioner that one of the parents is a victim of
domestic violence and that parent is currently living separately
from the batterer-parent, the address of the victim-parent shall
remain confidential.

(f) A concise statement of facts, separately stated, to support
the conclusion that the child upon whose behalf the petition is
being brought is a person within the definition of each of the
sections and subdivisions under which the proceedings are being
instituted.

(g) The fact that the child upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and
if he or she is detained in custody, the date and the precise time
the child was taken into custody.

begin insert

(h) A notice to the father, mother, spouse, or other person liable
for support of the child stating that Section 903.1 makes that
person, the estate of that person, and the estate of the child liable
for the cost to the county of legal services rendered to the child or
the parent by a private attorney or a public defender appointed
pursuant to the order of the juvenile court and that the liability
established by Section 903.1 is joint and several.

end insert

begin delete SEC. 9. end delete

begin insert SEC. 8. end insert   

Section 656 of the Welfare and Institutions Code is
amended to read:

656.  

A petition to commence proceedings in the juvenile court
to declare a minor a ward of the court shall be verified and shall
contain all of the following:

(a) The name of the court to which it is addressed.

(b) The title of the proceeding.

(c) The code section and subdivision under which the
proceedings are instituted.

(d) The name, age, and address, if any, of the minor upon whose
behalf the petition is brought.

(e) The names and residence addresses, if known to the
petitioner, of both of the parents and any guardian of the minor.
If there is no parent or guardian residing within the state, or if his
or her place of residence is not known to the petitioner, the petition
shall also contain the name and residence address, if known, of
any adult relative residing within the county, or, if there are none,
the adult relative residing nearest to the location of the court.

(f) A concise statement of facts, separately stated, to support
the conclusion that the minor upon whose behalf the petition is
being brought is a person within the definition of each of the
sections and subdivisions under which the proceedings are being
instituted.

(g) The fact that the minor upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and
if he or she is detained in custody, the date and the precise time
the minor was taken into custody.

begin insert

(h) A notice to the father, mother, spouse, or other person liable
for support of the minor child stating that Section 903.1 may make
that person, the estate of that person, and the estate of the minor
child liable for the cost to the county of legal services rendered to
the minor by a private attorney or a public defender appointed
pursuant to the order of the juvenile court and that the liability
established by Section 903.1 is joint and several.

end insert begin delete

(h)

end delete

begin insert ( end insert begin insert i) end insert  In a proceeding alleging that the minor comes within Section
601, notice to the parent, guardian, or other person having control
or charge of the minor that failure to comply with the compulsory
school attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a superior
court judge. In those cases, the petition shall also include notice
that the parent, guardian, or other person having control or charge
of the minor has the right to a hearing on the infraction before a
judge different than the judge who has heard or is to hear the
proceeding pursuant to Section 601. The notice shall explain the
provisions of Section 170.6 of the Code of Civil Procedure.

begin delete

(i)

end delete

begin insert ( end insert begin insert j) end insert  If a proceeding is pending against a minor child for a
violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal
Code, a notice to the parent or legal guardian of the minor that if
the minor is found to have violated either or both of these
provisions that (1) any community service which may be required
of the minor may be performed in the presence, and under the
direct supervision, of the parent or legal guardian pursuant to either
or both of these provisions, and (2) if the minor is personally unable
to pay any fine levied for the violation of either or both of these
provisions, that the parent or legal guardian of the minor shall be
liable for payment of the fine pursuant to those sections.

begin delete

(j)

end delete

begin insert ( end insert begin insert k) end insert  A notice to the parent or guardian of the minor that if the
minor is ordered to make restitution to the victim pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
731.1, as operative on or before August 2, 1995, or Section 730.6,
or to pay fines or penalty assessments, the parent or guardian may
be liable for the payment of restitution, fines, or penalty
assessments.

begin delete SEC. 10. end delete

begin insert SEC. 9. end insert   

Section 729.9 of the Welfare and Institutions Code is
amended to read:

729.9.  

If a minor is found to be a person described in Section
602 by reason of the commission of an offense involving the
unlawful possession, use, sale, or other furnishing of a controlled
substance, as defined in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, and, unless
it makes a finding that this condition would not serve the interests
of justice, the court, when recommended by the probation officer,
shall require, as a condition of probation, in addition to any other
disposition authorized by law, that the minor shall not use or be
under the influence of any controlled substance and shall submit
to drug and substance abuse testing as directed by the probation
officer.

begin delete SEC. 11. end delete

begin insert SEC. 10. end insert   

Section 871 of the Welfare and Institutions Code is
amended to read:

871.  

(a) Any person under the custody of a probation officer
or any peace officer in a county juvenile hall, or committed to a
county juvenile ranch, camp, forestry camp, or regional facility,
who escapes or attempts to escape from the institution or facility
in which he or she is confined, who escapes or attempts to escape
while being conveyed to or from such an institution or facility, or
who escapes or attempts to escape while outside or away from
such an institution or facility while under the custody of a probation
officer or any peace officer, is guilty of a misdemeanor, punishable
by imprisonment in begin delete the end delete begin insert a end insert county jail not exceeding one year.

(b) Any person who commits any of the acts described in
subdivision (a) by use of force or violence shall be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison.

(c) The willful failure of a person under the custody of a
probation officer or any peace officer in a county juvenile hall, or
committed to a county juvenile ranch camp, or forestry camp, to
return to the county juvenile hall, ranch, camp, or forestry camp
at the prescribed time while outside or away from the county
facility on furlough or temporary release constitutes an escape
punishable as provided in subdivision (a). However, a willful
failure to return at the prescribed time shall not be considered an
escape if the failure to return was reasonable under the
circumstances.

(d) A minor who, while under the supervision of a probation
officer, removes his or her electronic monitor without authority
and who, for more than 48 hours, violates the terms and conditions
of his or her probation relating to the proper use of the electronic
monitor shall be guilty of a misdemeanor. If an electronic monitor
is damaged or discarded while in the possession of the minor,
restitution for the cost of replacing the unit may be ordered as part
of the punishment.

(e) The liability established by this section shall be limited by
the financial ability of the person or persons ordered to pay
restitution under this section, who shall, upon request, be entitled
to an evaluation and determination of ability to pay.

(f) For purposes of this section, “regional facility” means any
facility used by one or more public entities for the confinement of
juveniles for more than 24 hours.

begin delete SEC. 12. end delete

begin insert SEC. 11. end insert   

Section 900 of the Welfare and Institutions Code is
amended to read:

900.  

(a) If it is necessary that provision be made for the
expense of support and maintenance of a ward or dependent child
of the juvenile court or of a minor person concerning whom a
petition has been filed in accordance with begin delete the provisions of end delete this
chapter, the order providing for the care and custody of begin delete such end delete begin insert the end insert
ward, dependent begin delete child end delete begin insert child, end insert or other minor person shall direct that
the whole expense of support and maintenance of begin delete such end delete begin insert the end insert ward,
dependent begin delete child end delete begin insert child, end insert or other minor person be paid from the
county treasury. All orders made pursuant to begin delete the provisions of end delete this
section shall state the amounts to be begin delete so end delete paid from the county
treasury, and begin delete such end delete begin insert those end insert amounts shall constitute legal charges
against the county.

(b) This section is applicable to a minor who is the subject of a
program of supervision undertaken by the probation department
pursuant to Section 301 or 654 and who is temporarily placed out
of his begin insert or her end insert home by the probation department, with the approval
of the court and the minor’s parent or guardian, for a period not
to exceed seven days.

begin delete SEC. 13. end delete

begin insert SEC. 12. end insert   

Section 902 of the Welfare and Institutions Code is
repealed.

begin delete SEC. 14. end delete

begin insert SEC. 13. end insert   

Section 903 of the Welfare and Institutions Code is
repealed.

begin delete

SEC. 15.  

Section 903.1 of the Welfare and Institutions Code
is repealed.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 903.1 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

begin delete

903.1.  

(a) The father, mother, spouse, or other person liable
for the support of a minor, the estate of that person, and the estate
of the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered
to the minor by an attorney pursuant to an order of the juvenile
court. The

end delete

begin insert

begin insert 903.1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert father, mother, spouse, or other person liable
for the support of a minor and the estate of that person shall begin delete also end delete
be liable for any cost to the county or the court of legal services
rendered directly to the father, mother, or spouse, of the minor or
any other person liable for the support of the minor, in a
dependency proceeding by an attorney appointed pursuant to an
order of the juvenile court. The liability of those persons (in this
article called relatives) and estates shall be begin delete a end delete joint and begin delete several
liability. end delete begin insert several. end insert

(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.

(c) Fees received pursuant to this section shall be transmitted
to the Administrative Office of the Courts in the same manner as
prescribed in Section 68085.1 of the Government Code. The
Administrative Office of the Courts shall deposit the fees received
pursuant to this section into the Trial Court Trust Fund.

begin delete SEC. 16. end delete

begin insert SEC. 15. end insert   

Section 903.15 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 17. end delete

begin insert SEC. 16. end insert   

Section 903.2 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 18. end delete

begin insert SEC. 17. end insert   

Section 903.25 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 19. end delete

begin insert SEC. 18. end insert   

Section 903.4 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 20. end delete

begin insert SEC. 19. end insert   

Section 903.45 of the Welfare and Institutions Code
is repealed.

begin delete

SEC. 21.  

Section 903.47 of the Welfare and Institutions Code
is repealed.

end delete

begin delete SEC. 22. end delete

begin insert SEC. 20. end insert   

Section 903.5 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 23. end delete

begin insert SEC. 21. end insert   

Section 903.6 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 24. end delete

begin insert SEC. 22. end insert   

Section 903.7 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 25. end delete

begin insert SEC. 23. end insert   

Section 904 of the Welfare and Institutions Code is
repealed.

begin delete SEC. 26. end delete

begin insert SEC. 24. end insert   

Section 11325.24 of the Welfare and Institutions
Code is amended to read:

11325.24.  

(a) If, in the course of appraisal pursuant to Section
11325.2 or at any point during an individual’s participation in
welfare-to-work activities in accordance with paragraph (1) of
subdivision (a) of Section 11322.85, it is determined that a recipient
meets the criteria described in subdivision (b), the recipient is
eligible to participate in family stabilization.

(b) (1) A recipient is eligible to participate in family
stabilization if the county determines that his or her family is
experiencing an identified situation or crisis that is destabilizing
the family and would interfere with participation in welfare-to-work
activities and services.

(2) A situation or a crisis that is destabilizing the family in
accordance with paragraph (1) may include, but shall not be limited
to:

(A) Homelessness or imminent risk of homelessness.

(B) A lack of safety due to domestic violence.

(C) Untreated or undertreated behavioral needs, including mental
health or substance abuse-related needs.

(D) A child in the family has been held in temporary custody
in a law enforcement facility pursuant to subdivision (d) of Section
207.1.

(c) Family stabilization shall include intensive case management
and services designed to support the family in overcoming the
situation or crisis, which may include, but are not limited to,
welfare-to-work activities.

(d) Funds allocated for family stabilization in accordance with
this section shall be in addition to, and independent of, the county
allocations made pursuant to Section 15204.2.

(e) Funds allocated for family stabilization in accordance with
this section, or the county allocations made pursuant to Section
15204.2, may be used to provide housing and other needed services
to a family during any month that a family is participating in family
stabilization.

(f) Each county shall submit to the department a plan, as defined
by the department, regarding how it intends to implement the
provisions of this section and shall report information to the
department, including, but not limited to, the number of recipients
served pursuant to this section, information regarding the services
provided, outcomes for the families served, and any lack of
availability of services. The department shall provide an update
regarding this information to the Legislature during the 2014-15
budget process.

(g) It is the intent of the Legislature that family stabilization be
a voluntary component intended to provide needed services and
constructive interventions for parents and to assist in barrier
removal for families facing very difficult needs. Participants in
family stabilization are encouraged to participate, but the
Legislature does not intend that parents be sanctioned as part of
their experience in this program component. The Legislature further
intends that recipients refusing or unable to follow their family
stabilization plans without good cause be returned to the traditional
welfare-to-work program.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert On and after January 1, 2017, the balance of any
court-ordered costs imposed pursuant Section 903, 903.15, 903.2,
903.25, 903.4, 903.5, 903.6, or 903.7 of the Welfare and
Institutions Code, shall be unenforceable and uncollectable, and,
on January 1, 2018, the portion of the judgment imposing those
costs shall be vacated. end insert

begin insert

(b) On and after January 1, 2017, the balance of any
court-ordered costs imposed pursuant Section 903.1 of the Welfare
and Institutions Code that are related to the rendering of legal
services to a minor by an attorney pursuant to an order of the
juvenile court shall be unenforceable and uncollectable, and, on
January 1, 2018, the portion of the judgment imposing those costs
shall be vacated.

end insert

begin delete SEC. 27. end delete

begin insert SEC. 26. end insert   

With regard to certain costs, to the extent that this
act has an overall effect of increasing the costs already borne by
a local agency for programs or levels of service mandated by the
2011 Realignment Legislation within the meaning of Section 36
of Article XIII of the California Constitution, it shall apply to local
agencies only to the extent that the state provides annual funding
for the cost increase. Any new program or higher level of service
provided by a local agency pursuant to this act above the level for
which funding has been provided shall not require a subvention
of funds by the state nor otherwise be subject to Section 6 of Article
XIII B of the California Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.