BILL NUMBER: SB 1004 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hill
FEBRUARY 10, 2016
An act to add and repeal Chapter 2.55 (commencing with
Section 1000.7) of Title 6 of Part 2 of the Penal Code,
relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1004, as amended, Hill. Transitional youth diversion program.
Existing law provides that entry of judgment may be deferred with
respect to a defendant who is charged with certain crimes involving
possession of controlled substances
substances, who pleads guilty to the charge or charges, and who
meets certain criteria, including that he or she has no prior
convictions for any offense involving controlled substances and has
had no felony convictions within the 5 years prior, as specified.
Existing law requires the criminal charge or charges to be dismissed
if the defendant has performed satisfactorily in a specified
program during the period in which deferred entry of judgment
was granted.
This bill would state the intent of the Legislature to enact
legislation to create a transitional youth diversion pilot program
for eligible defendants who are 18 years of age or older, but under
21 years of age on the date the offense was committed.
This bill would authorize specified counties to establish a pilot
program to operate a transitional youth diversion program for
eligible defendants. The bill would authorize a defendant to
participate in the diversion program within the county's juvenile
hall if that person is charged with committing an offense, except as
specified, he or she pleads guilty to the charge or charges, and the
probation department determines that the person meets specified
requirements, including that the defendant is 18 years of age or
older, but under 21 years of age on the date the offense was
committed, is suitable for the program, and shows the ability to
benefit from services generally reserved for delinquents. The bill
would require the probation department to develop a plan for reentry
services.
The bill would require the court to grant deferred entry of
judgment if the eligible defendant consents to participate in the
program, waives his or her right to a speedy trial or a speedy
preliminary hearing, pleads guilty to the charge or charges, and
waives time for the pronouncement of judgment. The bill would also
require the court to render a finding of guilt to the charge or
charges pled, enter judgment, and schedule a sentencing hearing, and
would require the return of the defendant to custody in a county jail
if the court finds that the defendant is performing unsatisfactorily
in the program or that the defendant is not benefiting from the
services in the program. If the defendant has performed
satisfactorily during the period in which deferred entry of judgment
was granted, at the end of that period, the bill would require the
court to dismiss the criminal charge or charges.
The bill would require the probation department to submit data
relating to the effectiveness of the program to the Division of
Recidivism Reduction and Re-Entry, within the Department of Justice.
The bill would prohibit a defendant participating in the program from
coming into contact with minors within the juvenile hall and would
require a participating county to work with the Board of State and
Community Corrections to ensure compliance with the federal Juvenile
Justice and Delinquency Prevention Act of 1974, as specified.
The authority conferred by this bill would be repealed on January
1, 2020.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Counties of Alameda,
Butte, Napa, Nevada, and Santa Clara.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.55 (commencing with Section
1000.7) is added to Title 6 of Part 2 of the Penal Code
, to read:
CHAPTER 2.55. TRANSITIONAL YOUTH DIVERSION PROGRAM
1000.7. (a) The following counties may establish a pilot program
pursuant to this section to operate a transitional youth diversion
program for eligible defendants described in subdivision (b):
(1) County of Alameda.
(2) County of Butte.
(3) County of Napa.
(4) County of Nevada.
(5) County of Santa Clara.
(b) A defendant may participate in a transitional youth diversion
program within the county's juvenile hall if that person is charged
with committing an offense, other than the offenses listed under
subdivision (d), he or she pleads guilty to the charge or charges,
and the probation department determines that the person meets all of
the following requirements:
(1) Is 18 years of age or older, but under 21 years of age on the
date the offense was committed.
(2) Is suitable for the program after evaluation using a risk
assessment tool, as described in subdivision (c).
(3) Shows the ability to benefit from services generally reserved
for delinquents, including, but not limited to, cognitive behavioral
therapy, other mental health services, and age-appropriate
educational, vocational, and supervision services, that are currently
deployed under the jurisdiction of the juvenile court.
(4) Meets the rules of the juvenile hall.
(5) Does not have a prior or current conviction for committing an
offense listed under subdivision (c) of Section 1192.7 or subdivision
(c) of Section 667.5.
(6) Is not required to register as a sex offender pursuant to
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(c) The probation department, in consultation with the superior
court, district attorney, and sheriff of the county or the
governmental body charged with operating the county jail, shall
develop an evaluation process using a risk assessment tool to
determine eligibility for the program.
(d) The commission by the defendant of one or more of the
following offenses makes him or her not eligible for the program:
(1) An offense listed under subdivision (c) of Section 1192.7.
(2) An offense listed under subdivision (c) of Section 667.5.
(3) An offense listed under subdivision (b) of Section 707 of the
Welfare and Institutions Code.
(e) The court shall grant deferred entry of judgment if an
eligible defendant consents to participate in the program, waives his
or her right to a speedy trial or a speedy preliminary hearing,
pleads guilty to the charge or charges, and waives time for the
pronouncement of judgment.
(f) (1) If the probation officer determines that the defendant is
not eligible for the transitional youth diversion program or the
defendant does not consent to participate in the program, the
proceedings shall continue as in any other case.
(2) If it appears to the probation department that the defendant
is performing unsatisfactorily in the program as a result of the
commission of a new crime or the violation of any of the rules of the
juvenile hall or that the defendant is not benefiting from the
services in the program, the probation department may make a motion
for entry of judgment. After notice to the defendant, the court shall
hold a hearing to determine whether judgment should be entered. If
the court finds that the defendant is performing unsatisfactorily in
the program or that the defendant is not benefiting from the services
in the program, the court shall render a finding of guilt to the
charge or charges pled, enter judgment, and schedule a sentencing
hearing as otherwise provided in this code, and the probation
department, in consultation with the county sheriff, shall remove the
defendant from the program and return him or her to custody in
county jail. The mechanism of when and how the defendant is moved
from custody in juvenile hall to custody in a county jail shall be
determined by the local justice stakeholders.
(3) If the defendant has performed satisfactorily during the
period in which deferred entry of judgment was granted, at the end of
that period, the court shall dismiss the criminal charge or charges.
(g) The probation department shall develop a plan for reentry
services, including, but not limited to, housing, employment, and
education services, as a component of the program.
(h) The probation department shall submit data relating to the
effectiveness of the program to the Division of Recidivism Reduction
and Re-Entry, within the Department of Justice, including recidivism
rates for program participants as compared to recidivism rates for
similar populations in the adult system within the county.
(i) A defendant participating in the program pursuant to this
section shall not come into contact with minors within the juvenile
hall for any purpose, including, but not limited to, housing,
recreation, or education.
(j) A county that establishes a pilot program pursuant to this
section shall work with the Board of State and Community Corrections
to ensure compliance with requirements of the federal Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601
et seq.), as amended, relating to "sight and sound" separation
between juveniles and adult inmates.
(k) This section applies to a defendant that would otherwise serve
time in custody in a county jail. Participation in a program
pursuant to this section shall not be authorized as an alternative to
a sentence involving community supervision.
(l) This chapter shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
Counties of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent
research on the adolescent brain development has found that brain
development continues well after an individual reaches 18 years of
age. This bill would therefore allow for the criminal justice system
to apply the most recent brain development research to its practices
in these counties by allowing certain transitional age youth access
to age-appropriate rehabilitative services available in the juvenile
justice system when an assessment determines that the individual
would benefit from the services, with the aim of reducing the
likelihood of the youth continuing in the criminal justice system.
SECTION 1. It is the intent of the Legislature
to enact legislation to create a transitional youth diversion pilot
program for eligible defendants who are 18 years of age or older, but
under 21 years of age on the date the offense was committed.