Amended in Assembly June 29, 2016

Amended in Senate May 31, 2016

Amended in Senate April 21, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1004


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, 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 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 a felony 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 chargesbegin delete pleadedend deletebegin insert pleaded,end insert 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 a county, prior to establishing a pilot program, to apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The bill would require the board to review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. The bill would also require each county to establish a multidisciplinary team consisting of representatives of specified local entities. The team would be required to meet periodically to review and discuss the implementation, practices, and impact of the program. The bill would also require the county to evaluate the pilot program.

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, would prohibit a defendant from serving longer than one year in custody within a county’s juvenile hall pursuant to the program, and would require the board to review a county’s pilot program to ensure compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974, as specified.

begin insert

The bill would require a county that establishes a pilot program pursuant to these provisions to submit data regarding the pilot program to the board, and would require the board to conduct an evaluation of the pilot program’s impact and effectiveness, as specified. The bill would require the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Public Safety Committees. The bill would also authorize the board to contract with an independent entity, including, but not limited to, the Regents of the University of California, to carry out these duties.

end insert

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: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Chapter 2.55 (commencing with Section 1000.7)
2is added to Title 6 of Part 2 of the Penal Code, to read:

3 

4Chapter  2.55. Transitional Youth Diversion Program
5

 

6

1000.7.  

(a) The following counties may establish a pilot
7program pursuant to this section to operate a transitional youth
8diversion program for eligible defendants described in subdivision
9(b):

10(1) County of Alameda.

11(2) County of Butte.

12(3) County of Napa.

13(4) County of Nevada.

14(5) County of Santa Clara.

15(b) A defendant may participate in a transitional youth diversion
16 program within the county’s juvenile hall if that person is charged
17with committing a felony offense, other than the offenses listed
18under subdivision (d), he or she pleads guilty to the charge or
19charges, and the probation department determines that the person
20meets all of the following requirements:

21(1) Is 18 years of age or older, but under 21 years of age on the
22date the offense was committed.

P4    1(2) Is suitable for the program after evaluation using a risk
2assessment tool, as described in subdivision (c).

3(3) Shows the ability to benefit from services generally reserved
4for delinquents, including, but not limited to, cognitive behavioral
5therapy, other mental health services, and age-appropriate
6 educational, vocational, and supervision services, that are currently
7deployed under the jurisdiction of the juvenile court.

8(4) Meets the rules of the juvenile hall.

9(5) Does not have a prior or current conviction for committing
10an offense listed under subdivision (c) of Section 1192.7 or
11subdivision (c) of Section 667.5.

12(6) Is not required to register as a sex offender pursuant to
13Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.

14(c) The probation department, in consultation with the superior
15court, district attorney, and sheriff of the county or the
16governmental body charged with operating the county jail, shall
17develop an evaluation process using a risk assessment tool to
18determine eligibility for the program.

19(d) The commission by the defendant of one or more of the
20following offenses makes him or her not eligible for the program:

21(1) An offense listed under subdivision (c) of Section 1192.7.

22(2) An offense listed under subdivision (c) of Section 667.5.

23(3) An offense listed under subdivision (b) of Section 707 of
24the Welfare and Institutions Code.

25(e) The court shall grant deferred entry of judgment if an eligible
26defendant consents to participate in the program, waives his or her
27right to a speedy trial or a speedy preliminary hearing, pleads guilty
28to the charge or charges, and waives time for the pronouncement
29of judgment.

30(f) (1) If the probation officer determines that the defendant is
31not eligible for the transitional youth diversion program or the
32defendant does not consent to participate in the program, the
33proceedings shall continue as in any other case.

34(2) If it appears to the probation department that the defendant
35is performing unsatisfactorily in the program as a result of the
36commission of a new crime or the violation of any of the rules of
37the juvenile hall or that the defendant is not benefiting from the
38services in the program, the probation department may make a
39motion for entry of judgment. After notice to the defendant, the
40court shall hold a hearing to determine whether judgment should
P5    1be entered. If the court finds that the defendant is performing
2unsatisfactorily in the program or that the defendant is not
3benefiting from the services in the program, the court shall render
4a finding of guilt to the charge or chargesbegin delete pled,end deletebegin insert pleaded,end insert enter
5judgment, and schedule a sentencing hearing as otherwise provided
6in this code, and the probation department, in consultation with
7the county sheriff, shall remove the defendant from the program
8and return him or her to custody in county jail. The mechanism of
9when and how the defendant is moved from custody in juvenile
10hall to custody in a county jail shall be determined by the local
11justice stakeholders.

12(3) If the defendant has performed satisfactorily during the
13period in which deferred entry of judgment was granted, at the end
14of that period, the court shall dismiss the criminal charge or
15charges.

16(g) A defendant shall serve no longer than one year in custody
17within a county’s juvenile hall pursuant to the program.

18(h) The probation department shall develop a plan for reentry
19services, including, but not limited to, housing, employment, and
20education services, as a component of the program.

21(i) The probation department shall submit data relating to the
22effectiveness of the program to the Division of Recidivism
23Reduction and Re-Entry, within the Department of Justice,
24including recidivism rates for program participants as compared
25to recidivism rates for similar populations in the adult system
26within the county.

27(j) A defendant participating in the program pursuant to this
28section shall not come into contact with minors within the juvenile
29hall for any purpose, including, but not limited to, housing,
30recreation, or education.

31(k) Prior to establishing a pilot program pursuant to this section,
32the county shall apply to the Board of State and Community
33Corrections for approval of a county institution as a suitable place
34for confinement for the purpose of the pilot program. The board
35shall review and approve or deny the application of the county
36within 30 days of receiving notice of this proposed use. In its
37review, the board shall take into account the available
38programming, capacity, and safety of the institution as a place for
39the confinement and rehabilitation of individuals within the
P6    1jurisdiction of the criminal court, and those within the jurisdiction
2of the juvenile court.

3(l) The Board of State and Community Corrections shall review
4a county’s pilot program to ensure compliance with requirements
5of the federal Juvenile Justice and Delinquency Prevention Act of
61974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to “sight
7and sound” separation between juveniles and adult inmates.

8(m) (1) This section applies to a defendant who would otherwise
9serve time in custody in a county jail. Participation in a program
10pursuant to this section shall not be authorized as an alternative to
11a sentence involving community supervision.

12(2) Each county shall establish a multidisciplinary team that
13shall meet periodically to review and discuss the implementation,
14practices, and impact of the program. The team shall include
15representatives from the following:

16(A) Probation department.

17(B) The district attorney’s office.

18(C) The public defender’s office.

19(D) The sheriff’s department.

20(E) Courts located in the county.

21(F) The county board of supervisors.

22(G) The county health and human services department.

23(H) A youth advocacy group.

24(n) begin insert(1)end insertbegin insertend insert A county that establishes a pilot program pursuant to
25this section shallbegin delete conductend deletebegin insert submit data regarding the pilot program
26to the Board of State and Community Corrections.end insert

27begin insert(2)end insertbegin insertend insertbegin insertThe board shall conductend insert an evaluation ofbegin delete itsend deletebegin insert the pilot
28program’send insert
impact and effectiveness. The evaluation shall include,
29but not be limited to,begin insert evaluating each pilot program’s impact on
30sentencing and impact on opportunities for community supervision,end insert

31 monitoring the program’s effect on minors in the juvenile facility,
32if any, and its effectiveness with respect to program participants,
33including outcome-related data for program participants compared
34to young adult offenders sentenced for comparable crimes.

begin insert

35
(3) Each evaluation shall be combined into a comprehensive
36report and submitted to the Assembly and Senate Committees on
37Public Safety.

end insert
begin insert

38
(4) The board may contract with an independent entity,
39including, but not limited to, the Regents of the University of
P7    1California, for the purposes of carrying out the duties of the board
2pursuant to this subdivision.

end insert

3(o) This chapter shall remain in effect only until January 1,
42020, and as of that date is repealed, unless a later enacted statute,
5that is enacted before January 1, 2020, deletes or extends that date.

6

SEC. 2.  

The Legislature finds and declares that a special law
7is necessary and that a general law cannot be made applicable
8within the meaning of Section 16 of Article IV of the California
9Constitution because of the unique circumstances in the Counties
10of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research
11on the adolescent brain development has found that brain
12development continues well after an individual reaches 18 years
13of age. This bill would therefore allow for the criminal justice
14system to apply the most recent brain development research to its
15practices in these counties by allowing certain transitional age
16youth access to age-appropriate rehabilitative services available
17in the juvenile justice system when an assessment determines that
18the individual would benefit from the services, with the aim of
19reducing the likelihood of the youth continuing in the criminal
20justice system.



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